Florida/Georgia Personal Injury & Workers Compensation

...ctually imposed as the best evidence of the seriousness of the offense." [12] We believe, however, that the District Court of Appeal erred in assuming that such a situation exists in this State, as an examination of the following statutes will show. Section 38.22 of the Florida Statutes, F.S.A., authorizes courts to impose imprisonment and fines for contempt, but states no maximum time for such imprisonment....

...Without authority to act promptly and independently the courts could not administer public justice or enforce the rights of private litigants. Bessette v. W.B. Conkey Co., 194 U.S. 324 337, 24 S.Ct. 665, 48 L.Ed. [997] 1005." Contempt powers have been recognized by statute in Florida. Section 38.22, Florida Statutes, F.S.A., provides: "Every court may punish contempts against it, whether such contempts *898 be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine all questions...

...state or federal constitution. However, for this court to find that the legislature, in enacting the above statute, intended to confer the right to jury trials in contempt proceedings, we would also be required to find a legislative intent to repeal section 38.22, Florida Statutes (1985), which provides that the court "shall hear and determine all questions of law and fact" when exercising its inherent contempt power....

...ers, and conduct which interferes with jurors and witnesses and the summary discipline of attorneys. We find no evidence in the language of chapter 86-115 that the legislature has seen fit to take such a drastic step as to repeal or otherwise modify section 38.22....

approved by a judge. See generally Colo.Rev.Stat. § 38-22-131 (2000). On March 6, 1997, Brown contacted Pioneer

...executives who failed to prevent her escape. Accordingly, assert respondents, the court's inquiry into the staffing patterns, treatment modalities and general conditions at SFSH were merely a part of the lawful exercise of its contempt powers. *1241 Section 38.22, Florida Statutes (1989) provides that every court may punish contempt committed against it, so the court in this case had the power to hold the HRS employees in contempt....

...elevant to the question of whether HRS employees improperly permitted Kathy Twyman to escape. Based on the foregoing we conclude that the trial court did not gain subject matter jurisdiction to make its judicial inquiry pursuant to section 26.012 or section 38.22....

made by him shall be construed as contempt. Section 38.22, Florida Statutes 1941, provides that every

...As a further example of the independent nature of contempt proceedings, we note that a court of chancery, which is not a court of criminal jurisdiction, possesses the inherent power to adjudicate a person guilty of contempt and order him incarcerated. See Demetree v. State, supra. Sec. 38.22, Fla....

...It is in this Constitutional setting that we must resolve the issues here raised." Unlike the United States, there is no statute in the State of Florida which limits the power of a court of competent jurisdiction to punish for contempt. (The limitation of Section F.S. 38.22 F.S.A....

...al conduct, including contempt. Thus, although it has been recognized that courts have both an inherent and a statutory power to make a finding of contempt, see, e.g., State ex rel. Giblin v. Sullivan, 157 Fla. 496, 507, 26 So.2d 509, 515-16 (1946); § 38.22, Fla....

...It has long been the rule in Florida that courts have inherent contempt power to punish for violation of a valid court order. Ducksworth v. Boyer, 125 So.2d 844 (Fla. 1960); Ex parte Earman, 85 Fla. 297, 95 So. 755 (1923). In addition to inherent contempt power, Florida courts have the statutory power to punish for contempt. § 38.22, Fla....

...ppointed by the court, either in the child's own home or, if the prospective custodian is willing, in the home of a relative of the child or in some other suitable place under such reasonable conditions as the court may direct. (Emphasis added.) [3] Section 38.22 provides: Every court may punish contempts against it whether such contempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine all questions of law and fact....

...Elsewhere in these rules is a recommended proposal that a motion to dismiss replace the present motion to quash; hence, the motion to dismiss is recommended here. The proposal contains no requirement that the motions or answer be under oath. Until section 38.22, Florida Statutes, was amended in 1945 there prevailed in Florida the common law rule that denial under oath is conclusive and requires discharge of the defendant in indirect contempt cases; the discharge was considered as justified because the defendant could be convicted of perjury if the defendant had sworn falsely in the answer or in a motion denying the charge. The amendment of section 38.22, Florida Statutes, however, has been construed to no longer justify the discharge of the defendant merely because the defendant denies the charge under oath. See Exparte Earman, 85 Fla. 297, 95 So. 755 (1923), re the common law; see Dodd v. State, 110 So.2d 22 (Fla.3d DCA 1959) re the construction of section 38.22, Florida Statutes, as amended....

...Buchanan, 168 So.2d 783 (Fla.3d DCA 1964). This right includes the right to assistance of counsel and the right to call witnesses. Baumgartner v. Joughin, supra. The defendant cannot be compelled to testify against himself. Demetree v. State, ex rel. Marsh, 89 So.2d 498 (Fla. 1956). Section 38.22, Florida Statutes, as amended in 1945, provides that all issues of law or fact shall be heard and determined by the judge....

...There is little doubt, therefore, that a defendant in a criminal contempt case in Florida has no constitutional right to a trial by jury. Proponents for such trials seemingly must depend on authorization by the legislature or Supreme Court of Florida to attain their objective. By enacting section 38.22, Florida Statutes, which impliedly prohibits trial by jury the legislature exhibited a legislative intent to remain consistent with the common law rule....

...A possible alternative is for the Supreme Court of Florida to promulgate a rule providing for such trials and assume the position that under its constitutional right to govern practice and procedure in the courts of Florida such rule would supersede section 38.22, Florida Statutes....

...It is concerned with desirable procedure to be employed in the implementation of such power. Consequently, its adoption will in no way affect the Florida statutes purporting to be legislative grants of authority to the courts to punish for contempt, viz., sections 38.22 (dealing with "all" courts), 932.03 (dealing with courts having original jurisdiction in criminal cases), and 39.13 (dealing with juvenile courts)....

...The adoption of the rule also will leave unaffected the numerous Florida statutes concerned with various situations considered by the legislature to be punishable as contempt (e.g., section 38.23, Florida Statutes), since these statutes deal with substantive rather than procedural law. Section 38.22, Florida Statutes, as discussed in the preceding notes, is concerned with procedure in that it requires the court to hear and determine all questions of law or fact....

...felony or a misdemeanor. We cannot agree with petitioner. He was guilty of civil contempt of the circuit court which is a "disobedience to the Court" and such circuit court had the authority to administer appropriate punishment for his conduct. See § 38.22, § 38.23, Florida Statutes, F.S.A.; and also South Dade Farms, Inc....

...rough her to have an influence upon such others on the Grand Jury as with whom she may have influence... ." This appeal was transferred here by the District Court of Appeal, holding that the trial judge necessarily passed on the constitutionality of Section 38.22, Florida Statutes, which provides: " Power to punish contempts....

...Plymouth County, 134 U.S. 31, 36, 10 S.Ct. 424, 33 L.Ed. 801 (1890); Savin, Petitioner, 131 U.S. 267, 277, 9 S.Ct. 699, 33 L.Ed. 150 (1889); Ex parte Terry, 128 U.S. 289, 312-313, 9 S.Ct. 77, 32 L.Ed. 405 (1888). The statutory authority contained in Section 38.22, Florida Statutes, recognizes and is a restatement of this common law power and was first adopted by statute in this state in 1828....

...We believe the record establishes *523 the trial court saw and heard a contempt committed in its actual presence and that this was a direct criminal contempt."), adopted, 265 So.2d 699 (Fla. 1972). See also Woods v. State, 600 So.2d 27, 29 (Fla. 4th DCA 1992) (Failure to appear is direct contempt, as settled in Aron. ). Section 38.22, Florida Statutes (1997), grants courts the authority to punish contempts....

...after due notice thereof, shall be considered a contempt, and punished accordingly. But nothing said or written, or published, in vacation, to or of any judge, or of any decision made by a judge, shall in any case be construed to be a contempt. [2] Section 38.22, Florida Statutes (1997), provides: Every court may punish contempts against it whether such contempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine all questions of law a...

...pt proceedings, became effective January 1, 1968. That rule did not apply to this cause, wherein the hearing *13 or trial took place on June 27, 1967. Under the law then in effect such proceedings properly were heard before the court without a jury. § 38.22 Fla....

...1950), the court made it abundantly clear that because the legislature has statutorily conferred the general power of contempt on the judiciary does not mean it has the corresponding authority to later withdraw that power. As the court stated: We take notice of [section 38.22, Florida Statutes (1949)] but do not construe it inasmuch as we are able to uphold the order without the benefit of the legislative act....

...learly state what must be done, the standard of review is legal error. Id. To ensure the orderly administration of justice, Florida courts have the inherent power to hold parties in contempt *1262 for intentionally failing to obey a court order. See § 38.22, Fla....

...Rule History 1977 Revision: Change in committee notes. 1984 Revision: Extensive editorial changes. Committee notes revised and expanded. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 38.22, Fla....

...Scott, Jr., Substantive Criminal Law, § 1.7, at 65-66 (1986). We have long held that criminal contempt is a crime. Aaron v. State, 284 So.2d 673 (Fla.1973). We reached that conclusion after noting that the statute which authorized imprisonment and fines for contempt, section 38.22, stated no maximum time for imprisonment....

...We agree with the analysis of the appellate panel. A criminal contempt is "`a crime in the ordinary sense.'" Pompey v. Cochran, 685 So.2d 1007, 1012 (Fla. 4th DCA 1997) (quoting Int'l Union, United Mine Workers of Am. v. Bagwell, 512 U.S. 821, 826, 114 S.Ct. 2552, 129 L.Ed.2d 642 (1994)). Section 38.22, Florida Statutes (2008), provides both circuit and county courts with the authority to "punish contempts," "whether such contempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and det...

...misdemeanor." Graves v. State, 821 So.2d 459, 460 (Fla. 2d DCA 2002) (citation omitted). Both the circuit and county courts have jurisdiction to hear criminal contempts. The contempt in this case arose from a felony proceeding, a circuit court case. Section 38.22 gave the circuit judge jurisdiction to hear and punish the contempt....

...State, 476 So.2d 1369 (Fla. 2d DCA 1985): In spite of the uncertainty which may have existed at an earlier time, it is well settled that criminal contempt is a crime. 476 So.2d at 1374. While the contempt power of Florida courts has been codified by statute, section 38.22, Florida Statutes (1985), there is no statute which defines the crime or establishes the punishment....

...4th DCA 2000) (citation omitted). Further, “an appellate court will not disturb a trial court’s factual findings when supported by competent substantial evidence; however, the appellate court is not bound by a trial court’s conclusions of law.” Id. Section 38.22, Florida Statutes, states, “Every court may punish contempts against it whether such contempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine all questions of law and fac...

...By using my inherent power of the Court as I have done, I have not made a delinquent out of the child. I have not done anything by indirection that I couldn't do directly, namely, enforce my order. My authority to enforce my own order is set forth in Section 38.22, F.S., entitled Power to Punish Contempts, to-wit: "Every court may punish contempts against it whether such contempts be direct, indirect or constructive, and in any such proceedings, the court shall proceed to hear and determine all questions of law and fact." It is not derived from Chapter 39....

...posed is in excess of six months. Bloom v. Illinois, 391 U.S. 194, 88 S.Ct. 1477, 20 L.Ed.2d 522 (1968), Aaron v. State, 345 So.2d 641 (Fla. 1977) and cases cited therein. We are compelled to agree with appellant that the fine imposed was excessive. Section 38.22, Florida Statutes (1973) authorizes courts to impose imprisonment and a fine for contempt, but states no maximum punishment....

...felony appeals" in this district. Contempt is a common law crime in Florida, Kramer v. State, 800 So.2d 319 (Fla. 2d DCA 2001), which, although recognized by statute, is not specifically classified by statute as either a felony or a misdemeanor. See § 38.22, Fla....

...statute as either a felony or a misdemeanor. Both the circuit and county courts have jurisdiction to hear criminal contempts. The contempt in this case arose from a felony proceeding, a circuit court case. Section 38.22[, Florida Statutes (2008)] gave the circuit judge jurisdiction to hear and punish the contempt....

...the 1968 Committee Notes to Florida Rule of Criminal Procedure 3.840, which sets forth the procedures to be followed in proceedings on indirect criminal contempt. The paragraph includes this statement: There is no reason to believe that the statute [section 38.22, Florida Statutes, as amended in 1945] is unconstitutional as being in violation of section 11 of the Declaration of Rights of the Florida Constitution, which provides, in part, that the accused in all criminal prosecutions shall have a right to public trial by an impartial jury....

...4th DCA 2005). “To ensure the orderly administration of justice, Florida courts have the inherent power to hold parties in contempt for intentionally failing to obey a court order.” Rojo v. Rojo, 84 So.3d 1259,1261-62 (Fla. 3d DCA 2012) (citing § 38.22, Fla....

...esentative or guardian to file an accounting or return not otherwise required by statute. Rule History 1977 Revision: Change in committee notes. 1984 Revision: Extensive editorial changes. Committee notes revised and expanded. Statutory References F.S. 38.22-38.23 Contempt....

...esentative or guardian to file an accounting or return not otherwise required by statute. Rule History 1977 Revision: Change in committee notes. 1984 Revision: Extensive editorial changes. Committee notes revised and expanded. Statutory References F.S. 38.22 — 38.23 Contempt....

...tive or guardian to file an accounting or return not otherwise required by statute. Rule History 1977 Revision: Change in committee notes. 1984 Revision: Extensive editorial changes. Committee notes revised and expanded. *1089 Statutory References F.S. 38.22-38.23 Contempt....

...*321 Kramer was trying to diffuse the media' attention surrounding his client and his client’s surviving minor child. Even if the evidence had supported a finding of indirect criminal contempt, the fine was excessive. Contempt is a common law crime in Florida. Section 38.22, Florida Statutes (1999), authorizes courts to punish contempt but contains no penalty provision....

...1st DCA 2006) (explaining the dichotomy between Rule 4-3.5(d)(4) and Rule 3.575). An attorney who interviews a juror regarding suspected juror misconduct without receiving prior authorization from the presiding court risks facing criminal contempt charges. Id.; see also § 38.22 Fla....

...n its legal and lawful operation. Every question presented ■ in this collateral attack upon the proceedings and final judgment of the Circuit Court has been settled by this Court in the case of Sloan v. Brown, 114 Fla. 739 , 154 So. 514 , and F.S. Section 38.22, F.S.A., hereinafter mentioned....

...This contention is in connection with his further contention that the charges against him concerned an indirect contempt. It is unnecessary to discuss or distinguish the cases cited on this question. Whatever may have been the common law rule, it is now superseded by F.S.Section 38.22, F.S.A. This section, as amended, reads as follows: “38.22 Power to punish....

testified before him. Under Florida Statutes, Section 38.22, “all questions of law and fact” are to be determined

...Coleman, 120 Fla. 1 , 161 So. 844 ; Ex parte Maniscalco, 153 Fla. 666 , 15 So.2d 445 ; State ex rel. Franks v. Clark, Fla.1950, 46 So.2d 488 . However, in a petition for rehearing, the state pointed out that the common law rule has been superseded by a statute, § 38.22, Fla.Stat., F.S.A....

...Lewis, Fla.1955, 80 So.2d 685 , in considering the argument of one who had been adjudged guilty of contempt, that his denial under oath of an alleged conversation entitled him to be discharged under the common law rule above referred to, the Supreme Court took note of § 38.22, Fla.Stat., F.S.A., in its present form, as having abrogated that common law rule, saying (at page 690) : “Whatever may have been the common law rule, it is now superseded by F.S.Section 38.22, F.S....

...ed, with contempt powers to vindicate their authority and the necessity of preventing abuse of these broad .contempt powers.” Id. Florida statutory provisions similarly, recognize the- courts’ authority to act on contempt of court. Specifically, section 38.22, Florida Statutes (2013), provides: “Every court may punish contempts against it whether such contempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine ’ all questions o...

...Further, a trial court could refer to the Florida Bar any examples of specific bad faith conduct. See generally R. Regulating Fla. Bar Ch. 4; see also Fla. Code of Jud. Conduct, Canon 3D. There are potential contempt powers that may be applicable in certain limited cases. 10 See § 38.22, Fla....

...The case was later assigned to another circuit court judge to try the contempt, but subsequently the chief judge of the circuit ordered the case to be transferred to the county court criminal division. A misdemeanor file was opened, and the order directed that a “county court criminal judge” hear the case. Section 38.22, Florida Statutes (2019), provides that “[e]very court may punish contempts against it whether such contempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine all questions of law and fact.” (emphasis added)....

...Rule History 1977 Revision: Change in committee notes. 1984 Revision: Extensive editorial changes. Committee notes revised and expanded. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 38.22, Fla....

...or court which would be in excess of and beyond its jurisdiction. See 25 Fla.Jur., Prohibition, § 2, p. 452. The Metropolitan Court of Dade County, under Article VI, § 6.15(G) of the Charter, is empowered to punish for contempt of court. Likewise, § 38.22, Fla.Stat, F.S.A., provides: "Every court may punish contempts against it, whether such contempts be direct, indirect, or constructive * * [Emphasis supplied] Since the Metropolitan Court is empowered to hear and determine the class of case...

to enforce its own judgments by contempt. See § 38.22, Fla. Stat. (2003); cf. Wells v. State, 654 So

...Because criminal contempt is an offense which is neither a felony nor a misdemeanor, but is punishable by a term of imprisonment not to exceed one year, we find appellant’s argument unpersuasive and affirm. The Florida Supreme Court addressed the issue of criminal contempt in Aaron v. State, 284 So.2d 673 (Fla.1973): Section 38.22 of the Florida Statutes, F.S.A., authorizes courts to impose imprisonment and fines for contempt, but states no maximum time for such imprisonment....

...reasonably be said that contempt is a “crime declared by statute to be a misdemeanor.” As the court noted in Moorman v. Bentley, 490 So.2d 186, 187 (Fla. 2d DCA 1986), “[w]hile the contempt power of Florida courts has been codified by statute, section 38.22, Florida Statutes (1985), there is no statute which defines the crime or establishes the punishment.” When the legislature has wanted to “declare” a crime, to be a misdemeanor, it has done so in clear and direct terms....

...1984 Revision: Extensive editorial changes. Committee notes revised and expanded. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 38.22, Fla....

...proceedings. Administrative Order 92-48 may not alter the jurisdiction of the circuit court on section 741.30(9)(a) contempt proceedings. Additionally, courts have inherent and statutory contempt power to punish for violation of a valid court order. § 38.22, Fla.Stat....

...The petitioner states the point involved as follows: “Does the Circuit Court, in and for Hillsborough County, Florida, have appellate jurisdiction to consider an appeal from the Criminal Court of Hillsborough County, Florida, from a conviction of contempt of court?” Section 38.22, Florida Statutes, F.S.A., authorizes every court to punish contempts against it, whether such contempts be direct, indirect, or constructive, and in any such proceeding the court is authorized to proceed to hear and determine all questions of law and fact....

Circuit Court upholding the constitutionality of Section 38.22, Florida Statutes. We have jurisdiction.1 Contrary

...ro for failure to comply with the final judgment. This appeal followed. Analysis To insure the orderly administration of justice, Florida courts have the inherent power to hold parties in contempt for intentionally failing to obey a court order. See § 38.22, Fla....

...ury trial on a motion to hold him in civil contempt for violating a prior court order. However, it is within the province of the court, without a jury, to hear and determine all questions of law and fact in connection with a contempt proceeding. See § 38.22, Fla....