Florida Statute 38.23 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

View Entire Chapter

F.S. 38.23

38.23 Contempt defined.—A refusal to obey any legal order, mandate or decree, made or given by any judge relative to any of the business of the court, after due notice thereof, is a contempt, punishable accordingly.

History.—s. 2, Nov. 23, 1828; RS 976; GS 1346; RGS 2535; CGL 4162; s. 8, ch. 2013-25.

F.S. 38.23 on Google Scholar

F.S. 38.23 on CourtListener

Amendments to 38.23

Annotations, Discussions, Cases:

Cases Citing Statute 38.23

Total Results: 31

Moakley v. Smallwood

826 So. 2d 221, 2002 WL 276466

Supreme Court of Florida | Filed: Feb 28, 2002 | Docket: 1662815

Cited 79 times | Published

compensatory fine as punishment for contempt."); § 38.23, Fla. Stat. (1997) (providing for exercise of contempt

South Dade Farms v. Peters

88 So. 2d 891

Supreme Court of Florida | Filed: Apr 4, 1956 | Docket: 469637

Cited 36 times | Published

what will constitute contemptuous conduct. By Section 38.23, Florida Statutes, F.S.A., contempt of court

Gibson v. Bennett

561 So. 2d 565, 1990 WL 62031

Supreme Court of Florida | Filed: May 10, 1990 | Docket: 1740182

Cited 30 times | Published

contempt one must first review its definition. Section 38.23, Florida Statutes (1987), defines contempt as

Department of Revenue v. Jackson

846 So. 2d 486, 2003 WL 1922661

Supreme Court of Florida | Filed: Apr 24, 2003 | Docket: 1709864

Cited 14 times | Published

hardship, or cause a return to incarceration. See § 38.23; § 61.14(6)(b)(1)d, (6)(d), Fla. Stat. (2001);

Pennekamp v. State

22 So. 2d 875, 156 Fla. 227, 1945 Fla. LEXIS 799

Supreme Court of Florida | Filed: Jul 24, 1945 | Docket: 3263199

Cited 12 times | Published

pertinent here and are as follows: *Page 236 "Section 38.23. A refusal to obey any legal order, mandate

Satterfield v. Satterfield

39 So. 2d 72, 1949 Fla. LEXIS 1275

Supreme Court of Florida | Filed: Feb 25, 1949 | Docket: 3265394

Cited 10 times | Published

that the contempt order is invalid and void. Section 38.23, F.S.A., defines contempt viz.: "A refusal to

Rykiel v. Rykiel

838 So. 2d 508, 2003 WL 131778

Supreme Court of Florida | Filed: Jan 16, 2003 | Docket: 461411

Cited 9 times | Published

from gross income." Brenda M. Abrams, Family Law § 38.23(2)(d) (1999), citing Temp. Treas. Reg. § 1.71-1T(b)

Department of Children and Families v. RH

819 So. 2d 858, 2002 Fla. App. LEXIS 7231, 2002 WL 1040258

District Court of Appeal of Florida | Filed: May 24, 2002 | Docket: 1455424

Cited 9 times | Published

to comply with the underlying order); see also § 38.23, Florida Statutes (2001) ("A refusal to obey any

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

legislature to be punishable as contempt (e.g., section 38.23, Florida Statutes), since these statutes deal

Ducksworth v. Boyer

125 So. 2d 844

Supreme Court of Florida | Filed: Nov 16, 1960 | Docket: 1690207

Cited 9 times | Published

appropriate punishment for his conduct. See § 38.22, § 38.23, Florida Statutes, F.S.A.; and also South Dade

Ducksworth v. Boyer

125 So. 2d 844

Supreme Court of Florida | Filed: Nov 16, 1960 | Docket: 1690207

Cited 9 times | Published

appropriate punishment for his conduct. See § 38.22, § 38.23, Florida Statutes, F.S.A.; and also South Dade

Bouie v. State

784 So. 2d 521, 2001 WL 417303

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 1744041

Cited 8 times | Published

KLEIN and HAZOURI, JJ., concur. NOTES [1] Section 38.23, Florida Statutes (1997), defines contempts

Cordova v. State

675 So. 2d 632, 1996 WL 279224

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1322769

Cited 8 times | Published

of the charge of violating its provisions. See § 38.23, Fla.Stat. (1993); 11 Fla.Jur.2d Contempt § 36

Amend. to Rules of App. Proc., Civ. Proc.

887 So. 2d 1090, 2004 WL 2201732

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169

Cited 5 times | Published

§ 38.22, Fla. Stat. Power to punish contempts. § 38.23, Fla. Stat. Contempts defined. § 733.5036, Fla

Almodovar v. Almodovar

754 So. 2d 861, 2000 WL 368614

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1523504

Cited 4 times | Published

from gross income." Brenda M. Abrams, Family Law § 38.23(2)(d) (1999), citing Temp. Treas. Reg. § 1.71-1T(b)

State v. Woodland

602 So. 2d 554, 1992 WL 55247

District Court of Appeal of Florida | Filed: Mar 25, 1992 | Docket: 1694143

Cited 3 times | Published

applies. Neither the statute defining contempt, section 38.23, Florida Statutes (1989), nor the section setting

M.J. v. State

202 So. 3d 112, 2016 Fla. App. LEXIS 15200

District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 60257173

Cited 1 times | Published

to such an extent that intent can be presumed, § 38.23, Fla. Stat. (2015); Smith, 954 So.2d at 1194 (citing

M.J. v. State

District Court of Appeal of Florida | Filed: Oct 10, 2016 | Docket: 4481307

Published

to such an extent that intent can be presumed. § 38.23, Fla. Stat.

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

§ 38.22, Fla. Stat. Power to punish contempts. § 38.23, Fla. Stat. Contempts defined. § 393.12(2)(h),

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

38.22, Fla. Stat. Power to punish con-tempts. § 38.23, Fla. Stat. Contempts defined. § 733.502, Fla.

Daghofer v. Daghofer

792 So. 2d 683, 2001 Fla. App. LEXIS 12114, 2001 WL 985058

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64807733

Published

shall in any case be construed to be a contempt. § 38.23, Fla. Stat. (2000) (emphasis added). “For there

B.S. v. State

646 So. 2d 287, 1994 Fla. App. LEXIS 11631, 1994 WL 670178

District Court of Appeal of Florida | Filed: Dec 2, 1994 | Docket: 64752519

Published

instructions to attend the motion hearing. See § 38.23, Fla.Stat. (1991). The trial judge had consolidated

Fineman v. Greenberg

614 So. 2d 15, 1993 Fla. App. LEXIS 1985, 1993 WL 38199

District Court of Appeal of Florida | Filed: Feb 16, 1993 | Docket: 64694399

Published

entirely correct and abundantly justified. See § 38.23, Pla.Stat. (1991). It is affirmed as modified,

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

Fla.Stat. Contempt-Power to punish contempts. § 38.23, Fla.Stat. Contempts defined. RSt§ 733.502, Fla

M.L.B. v. State

604 So. 2d 1257, 1992 Fla. App. LEXIS 9446, 1992 WL 217184

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 64669849

Published

a court order being the basis for contempt, section 38.23, Florida Statutes (1991), provides: A refusal

Sanducco Corp. v. University Village East Condominium II

484 So. 2d 640, 11 Fla. L. Weekly 649, 1986 Fla. App. LEXIS 6855

District Court of Appeal of Florida | Filed: Mar 12, 1986 | Docket: 64617883

Published

however, the sole source of sanctions authority. Section 38.23, Florida Statutes (1983), permits sanctions

Johnson v. State

444 So. 2d 1031, 1984 Fla. App. LEXIS 11357

District Court of Appeal of Florida | Filed: Jan 18, 1984 | Docket: 64602563

Published

susceptible of a contempt adjudication, as defined in § 38.-23, Florida Statutes, upon a “refusal to obey” the

Brown v. Green

424 So. 2d 130, 1982 Fla. App. LEXIS 21996

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 64594385

Published

practices of HRS intake officers, is not the issue. Section 38.23, Florida Statutes (1981), defines contempt as

Crutchfield v. Crutchfield

345 So. 2d 831, 1977 Fla. App. LEXIS 15852

District Court of Appeal of Florida | Filed: May 3, 1977 | Docket: 64558465

Published

the above order may not be in compliance with Section 38.23, Florida Statutes (1975), providing that a refusal

Boswell v. Dickinson

315 So. 2d 515, 1975 Fla. App. LEXIS 14280

District Court of Appeal of Florida | Filed: Jun 30, 1975 | Docket: 64548011

Published

what will constitute contemptuous conduct. By Section 38.23, Florida Statutes Annotated, contempt of court

Florida Bar v. Heller

298 So. 2d 357, 1974 Fla. LEXIS 4859

Supreme Court of Florida | Filed: Jul 26, 1974 | Docket: 64540483

Published

upon the definition of contempt contained in Section 38.-23, Florida Statutes: A refusal to obey any legal