Florida/Georgia Personal Injury & Workers Compensation

...th District Court of Appeal in M.P. v. State, 988 So.2d 1266 (Fla. 5th DCA 2008). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The decisions of the Second and Fifth Districts are in conflict as to the sanctions that may be imposed under section 985.037(2), Florida Statutes (2010), when a juvenile is found to be in indirect contempt of court for multiple violations of a single probation order....

...The second period of secure detention *354 was not to commence until the first period had expired. J.M., 53 So.3d at 1246 . On November 15, 2010, J.M. filed a petition for writ of habeas corpus in the Second District, arguing that his sentence was illegal under section 985.037, Florida Statutes (2010)....

...The statute provides in pertinent part: “A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense.” § 985.037(2), Fla. Stat. (2010). 2 In his habeas petition, J.M. cited M.P., 988 So.2d at 1266 , in which the Fifth District Court of Appeal held that section 985.037 does not authorize a trial court to impose consecutive sentences of secure detention for multiple violations of a single probation order....

...The trial court sentenced M.P. to five days’ detention for the first count, three of which were suspended, and fifteen days’ detention for the second count, which were fully suspended. See M.P., 988 So.2d at 1266 . M.P. appealed, challenging her sentence as unauthorized by section 985.037....

...reinstatement or modification of probation rather than the violation of several conditions of a single probation order.” M.P., 988 So.2d at 1267 (quoting Williams, 594 So.2d at 274 n. 3). Based on Williams , the Fifth District reasoned that under section 985.037(2), the trial court was permitted to impose only a single sentence of five days’ detention for M.P.’s violation of the probation order....

...lation would be considered a ‘second or subsequent offense’ and could subject her to a fifteen-day placement in secure detention.” M.P., 988 So.2d at 1267 . 3 In J.M., the Second District disagreed with the Fifth District’s interpretation of section 985.037 and instead followed the decision of the First District in K.Q.S. v. State, 975 So.2d 536 (Fla. 1st DCA 2008), which likewise addressed the sanctions that may be imposed under section 985.037, Florida Statutes (2007). See J.M., 53 So.3d at 1247 . The First District stated in K.Q.S.: Although section 985.037 limits a sentence for a second or subsequent offense to fifteen days, nothing in the statute states that multiple instances of direct contempt cannot be separately punished with consecutive sentences of fifteen days of confinement for each offense....

...We note that a trial court may, in a single proceeding, adjudicate a defendant guilty of multiple instances of indirect criminal contempt and may thereafter impose consecutive sentences for each conviction. See, e.g., Attwood v. State, 687 So.2d 271, 272 (Fla. 4th DCA 1997). We see nothing in section 985.037(2) that prohibits the circuit court from doing so in the present case....

...subsequently filed a petition for review in this Court. We granted review, dispensing with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. See J.M. v. Gargett, 58 So.3d 260 (Fla.2011). 4 ANALYSIS The issue presented in this case is whether section 985.037, Florida Statutes (2010), authorizes a trial court to sentence a juvenile to consecutive periods in a secure detention facility where the juvenile has committed multiple violations of a single probation order....

...iled to comply with the sanction. A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense. § 985.037(l)-(2), Fla....

...When the language is unambiguous and conveys a clear and definite meaning, that meaning controls unless it leads to a result that is either unreasonable or clearly contrary to legislative intent.” Id. (citations omitted). In this case, we find that the Second District’s interpretation of section 985.037 is in accord with the clear language of the statute. Section 985.037(2) plainly states that “[a] delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent...

...e face of the statute; trial courts are explicitly authorized to sentence a juvenile to up to five days in secure detention for a first act of contempt, and up to fifteen days in secure detention for each additional act of contempt. As made clear in section 985.037(1), “indirect contempt of a valid court order” is among the “offense[s]” contemplated by subsection (2)....

...Jones, 419 So.2d 618 (Fla.1982) (approving a trial court order adjudicating a child guilty of two counts of indirect criminal contempt where the child had violated two conditions of a previous court order), overruled on other grounds by A.A., 604 So.2d at 818-19. Thus, under section 985.037, a juvenile who violates a court order on multiple occasions — and in doing so commits several acts of indirect contempt — may be sentenced to up to five days’ secure detention for the first offense, and up to fifteen days’ secure detention for each second or subsequent offense....

...5 Moreover, the interpretation of the statute adopted by the Fifth District is contrary to the declared intent of the Legislature to authorize trial courts to “punish any child for contempt ... for violating any provision of this chapter or order of the court relative thereto.” § 985.037(1)....

...5th DCA 2007), in which the court similarly held that it was error under section 985.216 for a trial court to impose consecutive sentences for multiple violations of a single probation order. Id. at 94 n. 2 (noting that section 985.216 was renumbered as section 985.037, effective Jan....

...acknowledges in his Initial Brief that his sentence has long since been served in full. He argues, however, that the case should not be dismissed as moot because the conflict between the district courts will likely continue to result in inconsistent applications of section 985.037 in future cases....

...into custody for indirect criminal contempt of a valid court order, i.e., breaching the curfew set in his probation disposition. The court did not follow the procedures for an indirect criminal contempt hearing set forth in Florida Rule of Juvenile Procedure 8.150 or section 985.037, Florida Statutes....

...irements. As such, K.M. could not be held in indirect criminal contempt. See M.W. v. Lofthiem, 855 So.2d 683 (Fla. 2d DCA 2003). Second, a prosecution for indirect criminal contempt is to follow the procedural due process set forth in rule 8.150 and section 985.037....

...The trial court did *971 not initiate the proceeding by issuing an order to show cause, allowing reasonable time to prepare a defense, or setting a future hearing pursuant to rule 8.150(b). Also, the court explained neither the nature and consequences of the proceeding, nor the rights afforded K.M. pursuant to section 985.037(b)....

...nile is not permitted either before or after adjudication."). [1] The only other authority to be found in chapter 985 authorizing a juvenile court judge to hold a child in custody or "secure detention" prior to adjudication or disposition appears in section 985.037 of the Florida Statutes, where the legislature afforded the juvenile court "limit[ed]" powers to "punish [a] child for contempt for interfering with the court or with court administration, or for violating any provision *311 of this chapter or order of the court relative thereto." § 985.037(1), Fla....

...to adjudication and disposition are not appropriate."). In this case, B.M. argued to us that, under the circumstances, a juvenile court judge only had the power to detain her pursuant to a properly conducted contempt proceeding initiated pursuant to section 985.037(4)(b), Florida Statutes (2007)....

...Right to legal counsel and the right to have legal counsel appointed by the court if the juvenile is indigent under s. 985.033. 4. Right to confront witnesses. 5. Right to present witnesses. 6. Right to have a transcript or record of the proceeding. 7. Right to appeal to an appropriate court. § 985.037(4)(b), Fla....

...has appeared voluntarily at every court hearing set in her case. Furthermore, if the trial court was truly of the belief that B.M.'s conduct amounted to an "[utter] disregard of court process," the proper vehicle by which to vindicate such a snub was a properly-convened indirect contempt proceeding. See § 985.037(4)(b), Fla....

...into the system is a misdemeanor. Counsel for B.M. argues, for reasons not material here, that under proper application of the uniform protocol, there should have been no point assessment for the misdemeanor on her RAI. [3] Notably, a finding of contempt under section 985.037 would not have accomplished the trial judge's goal since B.M. could not have been placed in secure detention more than five days. § 985.037(2), Fla....

...However, in order for the judge to rely on this factor, it must be a situation when secure detention is authorized by law. Under current Florida law, the only time a child with failures to appear can be ordered to secure detention for longer than 72 hours is when a contempt proceeding is held according to section 985.037, Florida Statutes (2007). Section 985.037 requires the necessary due process protections before the child can be found in contempt of court, such as the issuance of an order to show cause and a hearing at which the child is before the trial court and can confront and present witnesses. See § 985.037(4)(b), Fla.Stat....

...Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant challenges an order of the trial court finding six instances of criminal contempt and imposing a sentence of 80 days of secure detention. The appellant asserts that, pursuant to section 985.037, Florida Statutes (2007) and J.D....

...[1] The appellant appeals the denial of the motion filed pursuant to rule 8.135. II. Analysis The appellant asserts that stacking periods of detentions for contempt is not permitted under the applicable statutes and the case law. Specifically, the appellant asserts that section 985.037, Florida Statutes (2007), and J.D. v. State, 954 So.2d 93 (Fla. 5th DCA 2007), provide that only one five-day and one fifteen-day detention may be imposed under the circumstances. We disagree. Section 985.037 delineates a trial court's powers to impose sanctions on juveniles who are in contempt of court....

...iled to comply with the sanction. A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense. § 985.037, Fla. Stat. (2007) (Emphasis supplied). Section 985.037 was discussed by the Fifth District in J.D....

...der. Id. The court analogized the stacking of sentences for contempt with the stacking of periods of detention in section 985.26(2), and with a prohibition on using multiple instances of violation of probation as a basis for departure, and held that section 985.037 prohibited the stacking of periods of secure detention for juveniles found guilty of contempt. *538 Contrary to the Fifth District's conclusion in J.D., we hold that section 985.037 does not prohibit the trial court from imposing consecutive sentences of secure detention for each separate instance of contempt. Although section 985.037 limits a sentence for a second or subsequent offense to fifteen days, nothing in the statute states that multiple instances of direct contempt cannot be separately punished with consecutive sentences of fifteen days of confinement for each offense....

..."the authority and dignity of the courts are adequately protected"). III. Conclusion We hold that a trial court is not prohibited from imposing consecutive sentences of secure detention for multiple instances of direct criminal contempt pursuant to section 985.037....

...f it wished to be heard on the sentencing issue, the assistant state attorney said, "Your honor, we would support what (defense counsel) is asking for, which is a total of eighteen days." [2] Effective January 1, 2007, this statute was renumbered as section 985.037(2)....

...PETITION GRANTED; CAUSE REMANDED. GRIFFIN, MONACO and ORFINGER, JJ., concur. NOTES [1] We note that the trial court has apparently remanded Petitioner to secure detention for a period of 30 days for the direct contempt. Such a sentence appears to violate Section 985.037(2), Florida Statutes (2006) that provides, in pertinent part: "A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed...

....” J.M., 101 So.3d at 356 . The statutory scheme itself contemplates this exact situation and calls for trial courts to limit contempt sentences to five days for the first instance and fifteen days for each successive instance. See id. (discussing section 985.037, Florida Statutes (2010))....

...The court's decision apparently was motivated by the unavailability of an alternative placement because neither the parents nor the child desired a placement within the family home. Notwithstanding the reasons proffered, the record is devoid of any basis to impose a sentence greater than five days. § 985.037(2), Fla....

...Bill McCollum, Attorney General, and Jill K. Traina, Assistant Attorney General, for respondents. Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ. Rehearing and Rehearing En Banc Denied July 26, 2007. PER CURIAM. We deny the petition for writ of habeas corpus. § 985.037(1), Fla....

...sly imposed court-ordered curfew. The trial court indicated that Petitioner would be detained for five days in the juvenile detention center. Petitioner’s counsel objected, and requested that the trial court follow the contempt procedures found in section 985.037, Florida Statutes (2017)....

...See §§ 985.345(1)(b); 985.24(1)(d)2., Fla. Stat. (2017); T.N. v. Portesy, 932 So.2d 267, 268 (Fla. 2d DCA 2005). Second, “a prosecution for indirect criminal contempt is to follow the procedural due process set forth in [Florida Rules of Juvenile Procedure] rule 8.150 and section 985.037.” K.M....

...This is inconsistent with the statutory scheme. At the hearing, the State correctly noted that section 985.24(l)(d) permits the use of secure detention in some circumstances to punish contempt of court. The court, however, did not initiate indirect contempt proceedings under section 985.037(4), Florida Statutes (2012). Further, a first contempt offense could be punished by up to five days in secure detention only. § 985.037(2), Fla....

...Conclusion U.T.’s repeated violations of trial court home detention orders were the source of the two judgments holding U.T. in indirect contempt of court. Chapter 985 grants the trial court contempt powers over a juvenile for violation of court orders. § 985.037, Fla....

over a juvenile for violation of court orders. § 985.037, Fla. Stat. (2016). Because we conclude that the

...n. PETITION GRANTED; CAUSE REMANDED. GRIFFIN, MONACO and ORFINGER, JJ., concur. . We note that the trial court has apparently remanded Petitioner to secure detention for a period of 30 days for the direct contempt. Such a sentence appears to violate Section 985.037(2), Florida Statutes (2006) that provides, in pertinent part: "A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed...

...of probation does not constitute a new law offense. When there is a new crime alleged as the violation of probation, proceedings are governed by section 985.245(4), Florida Statutes. We also do not restrict the court’s contempt power set forth in section 985.037, Florida Statutes....

...The court’s decision apparently was motivated by the unavailability of an alternative placement because neither the parents nor the child desired a placement within the family home. Notwithstanding the reasons proffered, the record is devoid of any basis to impose a sentence greater than five days. § 985.037(2), Fla....

...State, 490 So.2d 1001, 1003 (Fla. 3d DCA 1986) (reason behind rule requiring obedience to court orders is that need for obedience to court order far outweighs any detriment to individuals who may be temporarily victimized by order, even if erroneous). Section 985.037(1), Florida Statutes, which provides for punishment of juveniles for contempt, references contempt of a valid court order and the show cause order here was operative unless and until the behavior order was reversed or vacated....

...The juvenile petitioner has filed a Petition for Writ of Habeas Corpus, asserting entitlement to immediate release from secure detention, challenging an order of the trial court finding five instances of criminal contempt and imposing a total sentence of forty-five days. The petitioner asserts that pursuant to section 985.037, Florida Statutes (2007), and J.D....

...As the State maintains, the situation in J.D. was akin to a defendant's violation of several different conditions of a probation order for which one revocation is imposed; this case involves discrete instances of contempt. The First District in K.Q.S. opined that, "[a]lthough section 985.037 limits a sentence for a second or subsequent offense to fifteen days, nothing in the statute states that multiple instances of direct contempt cannot be separately punished with consecutive sentences of fifteen days confinement for each offense....

...e." K.Q.S., 975 So.2d at 537. We agree with K.Q.S. as it pertains *653 to these facts. [1] Because the trial court was not prohibited from imposing consecutive terms of secure detention for multiple instances of direct contempt of court, pursuant to section 985.037, the petitioner has no right to immediate release....

...The juvenile petitioner has filed a Petition for Writ of Habeas Corpus, asserting entitlement to immediate release from secure detention, challenging an order of the trial court finding five instances of criminal contempt and imposing a total sentence of forty-five days. The petitioner asserts that pursuant to section 985.037, Florida Statutes (2007), and J.D....

...As the State maintains, the situation in J.D. was akin to a defendant’s violation of several different conditions of a probation order for which one revocation is imposed; this case involves discrete instances of contempt. The First District in K.Q.S. opined that, “[although section 985.037 limits a sentence for a second or subsequent offense to fifteen days, nothing in the statute states that multiple instances of direct contempt cannot be separately punished with consecutive sentences of fifteen days confinement for each offense....

....” K.Q.S., 975 So.2d at 537 . We agree with K.Q.S. as it pertains *653 to these facts. 1 Because the trial court was not prohibited from imposing consecutive terms of secure detention for multiple instances of direct contempt of court, pursuant to section 985.037, the petitioner has no right to immediate release....

...into custody for indirect criminal contempt of a valid court order, i.e., breaching the curfew set in his probation disposition. The court did not follow the procedures for an indirect criminal contempt hearing set forth in Florida Rule of Juvenile Procedure 8.150 or section 985.037, Florida Statutes....

...irements. As such, K.M. could not be held in indirect criminal contempt. See M.W. v. Lofthiem, 855 So.2d 683 (Fla. 2d DCA 2003). Second, a prosecution for indirect criminal contempt is to follow the procedural due process set forth in rule 8.150 and section 985.037....

...The trial court did *971 not initiate the proceeding by issuing an order to show cause, allowing reasonable time to prepare a defense, or setting a future hearing pursuant to rule 8.150(b). Also, the court explained neither the nature and consequences of the proceeding, nor the rights afforded K.M. pursuant to section 985.037(b)....

PER CURIAM. The appellant challenges an order of the trial court finding six instances of criminal contempt and imposing a sentence of 80 days of secure detention. The appellant asserts that, pursuant to section 985.037, Florida Statutes (2007) and J.D....

...1 The appellant appeals the denial of the motion filed pursuant to rule 8.135. II. Analysis The appellant asserts that stacking periods of detentions for contempt is not permitted under the applicable statutes and the case law. Specifically, the appellant asserts that section 985.037, Florida Statutes (2007), and J.D. v. State, 954 So.2d 93 (Fla. 5th DCA 2007), provide that only one five-day and one fifteen-day detention may be imposed under the circumstances. We disagree. Section 985.037 delineates a trial court’s powers to impose sanctions on juveniles who are in contempt of court....

...iled to comply with the sanction. A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense. § 985.037, Fla. Stat. (2007) (Emphasis supplied). Section 985.037 was discussed by the Fifth District in J.D....

...der. Id. The court analogized the stacking of sentences for contempt with the stacking of periods of detention in section 985.26(2), and with a prohibition on using multiple instances of violation of probation as a basis for departure, and held that section 985.037 prohibited the stacking of periods of secure detention for juveniles found guilty of contempt. *538 Contrary to the Fifth District’s conclusion in J.D., we hold that section 985.037 does not prohibit the trial court from imposing consecutive sentences of secure detention for each separate instance of contempt. Although section 985.037 limits a sentence for a second or subsequent offense to fifteen days, nothing in the statute-states that multiple instances of direct contempt' cannot be separately punished with consecutive sentences of fifteen days of confinement for each offense....

...he authority and dignity of the courts are adequately protectéd”). III. Conclusion We hold that a trial court is not prohibited from imposing consecutive sentences of secure detention for multiple instances of direct criminal contempt pursuant to section 985.037....

...ule to Show Cause is issued, a hearing 2  may be held on whether the Child/Respondent shall be deemed guilty of contempt. The Child/Respondent is put on notice that pursuant to F.S. 985.037, Fla[.] Stat....

... We review the legal issues presented de novo. Huber v. Disaster Sols., LLC, 180 So. 3d 1145, 1148 (Fla. 4th DCA 2015). Indirect criminal contempt proceedings must adhere to the procedural due process requirements enumerated in Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2019)....

...Counsel was appointed and a hearing scheduled. A full evidentiary hearing was convened and recorded. J.A. was permitted to testify in her own defense. As such, we conclude that due process was properly afforded. See Fla. R. Juv. P. 8.150(c)(5);1 § 985.037, Fla....

...(B) The right to testify in the child's own defense. (C) The right to confront witnesses. (D) The right to subpoena and present witnesses. (E) The right to have the hearing recorded and a copy of such recording. (F) The right to have a transcript of the proceeding. (G) The right to appeal.” 2 Section 985.037(4)(b) provides: “If a child is charged with indirect contempt of court, the court must hold a hearing within 24 hours to determine whether the child committed indirect contempt of a valid court order....

...comply with the sanction. A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense. § 985.037, Fla. Stat. (2019). In J.M. v. Gargett, 101 So. 3d 352, 354 (Fla. 2012), the Florida Supreme Court considered whether section 985.037, Florida Statutes “authorizes a trial court to sentence a juvenile to consecutive periods in a secure detention facility where the juvenile has committed multiple violations of a single probation order.” The court examined a ca...

...ntences in secure detention for indirect criminal contempt premised upon the failure of the juvenile to adhere to his curfew for three successive days. After closely examining the language set forth in the statute, the court concluded, “[U]nder section 985.037, a juvenile who violates a court order on multiple occasions—and in doing so commits several acts of indirect contempt—may be sentenced to up to five days' secure detention for the first offense,...

...by virtue of this Order that if a Petition for Rule to Show Cause is issued, a hearing may be held on whether the Child/Respondent shall be deemed guilty of contempt. The Child/Respondent is put on notice that pursuant to F.S. 985.037, Fla[.] Stat....

... We review the legal issues presented de novo. Huber v. Disaster Sols., LLC, 180 So. 3d 1145, 1148 (Fla. 4th DCA 2015). Indirect criminal contempt proceedings must adhere to the procedural due process requirements enumerated in Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2019)....

...Counsel was appointed and a hearing scheduled. A full evidentiary hearing was convened and recorded. J.A. was permitted to testify in her own defense. As such, we conclude that due process was properly afforded. See Fla. R. Juv. P. 8.150(c)(5);1 § 985.037, Fla....

...(C) The right to confront witnesses. (D) The right to subpoena and present witnesses. (E) The right to have the hearing recorded and a copy of such recording. (F) The right to have a transcript of the proceeding. (G) The right to appeal.” 2Section 985.037(4)(b) provides: “If a child is charged with indirect contempt of court, the court must hold a hearing within 24 hours to determine whether the child committed indirect contempt of a valid court order....

...comply with the sanction. A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense. § 985.037, Fla. Stat. (2019). In J.M. v. Gargett, 101 So. 3d 352, 354 (Fla. 2012), the Florida Supreme Court considered whether section 985.037, Florida Statutes “authorizes a trial court to sentence a juvenile to consecutive periods in a secure detention facility where the juvenile has committed multiple violations of a single probation order.” The court examined a ca...

...ntences in secure detention for indirect criminal contempt premised upon the failure of the juvenile to adhere to his curfew for three successive days. After closely examining the language set forth in the statute, the court concluded, “[U]nder section 985.037, a juvenile who violates a court order on multiple occasions—and in doing so 7 commits several acts of indirect contempt—may be sentenced to up to five days' secure detention for the...

criminal contempt proceeding. Pursuant to section 985.037(4)(b)(4), when a child is charged with contempt

criminal contempt proceeding. Pursuant to section 985.037(4)(b)(4), when a child is charged with contempt

...did not complete the letter. A.A. was not in court at the start of the July 18, 5 This do not run order, like a subsequent rule to show cause, dated May 8, 2017, refers to “civil contempt.” Contempt proceedings in juvenile court are governed by section 985.037 of the Florida Statutes....

...sufficient due process. Specifically, at A.A.’s contempt trial, the trial court allowed improper testimony in two instances. First, A.A.’s former foster mother was allowed to present testimony over a speakerphone, depriving A.A. the right to confront a witness in a criminal contempt proceeding. Pursuant to section 985.037(4)(b)(4), when a child is 12 As previously mentioned, in her reply brief A.A....

...2d 149, 149 (Fla. 2d DCA 2004). On remand, we remind the trial court of the requirement that, while a juvenile may be placed in a secure detention facility as a sanction for contempt of court, the trial court is required to consider alternate sanctions. § 985.037(3), Fla....

...(2017). The record in this case indicates that the trial court ordered A.A. to secure detention without considering alternate sanctions. Hence, we reverse the contempt order in A.A. and remand for a hearing to be conducted consistent with the requisites of section 985.037. III....

...Thus, the trial court had the specific statutory authority to enter the do not run orders as to N.A. and S.F. When conducting a contempt hearing on a violation of a do not run order, the trial court must afford the juvenile due process and abide by the provisions of section 985.037....

...Judge. J.M. filed a petition for writ of habeas corpus contending that his consecutive placements in secure detention for two separate violations of a juvenile probation order that were adjudicated in a single hearing are not authorized pursuant to section 985.037(2), Florida Statutes (2010)....

...in secure detention for five days for the first offense of indirect criminal contempt. However, on November 10 the circuit court placed J.M. in fifteen days’ secure detention for the second offense. The second period of secure detention was not to commence until the first period had expired. Section 985.037, governs direct and indirect contempt of court in juvenile justice cases....

...e detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense. J.M. contends, pursuant to the Fifth District’s decisions in M.P. and J.D. v. State, 954 So.2d 93 (Fla. 5th DCA 2007), that section 985.037(2) allows the circuit court only to impose a single placement in secure detention when a juvenile simultaneously pleads guilty to more than one count of indirect criminal contempt based on serial violations of a probation order....

...are almost identical to the facts in the present case. M.P. was charged with two counts *1247 of indirect criminal contempt which were based on violations of a probation order. 988 So.2d at 1266 . M.P. did not dispute the violations, but contended that section 985.037(2) only authorized the imposition of a single five-day placement in secure detention....

...n secure detention.” Id. at 1267 . In reaching its decision, the M.P. court stated: In J.D., we held that consecutive placements in secure detention for multiple violations of a single behavior order violated the statutory limitations set forth in section 985.037(2)....

...the latter, such placements are authorized. Id. We disagree with the reasoning of the Fifth District in M.P. We agree with the reasoning of the First District in K.Q.S. v. State, 975 So.2d 536 (Fla. 1st DCA 2008), wherein the court stated: Although section 985.037 limits a sentence for a second or subsequent offense to fifteen days, nothing in the statute states that multiple instances of direct contempt cannot be separately punished with consecutive sentences of fifteen days of confinement for each offense....

...ntence of 15 days for each instance of contempt, consecutively if it so wishes. Id. at 538 . K.Q.S. was convicted of six counts of direct criminal contempt that were committed in the course of a profane tirade directed at the circuit court. However, section 985.037 does not distinguish between direct and indirect criminal contempt in regard to the punishment that the circuit court may impose, and we conclude that the First District’s analysis applies in the present case....

...We note that a trial court may, in a single proceeding, adjudicate a defendant guilty of multiple instances of indirect criminal contempt and may thereafter impose consecutive sentences for each conviction. See, e.g., Attwood v. State, 687 So.2d 271, 272 (Fla. 4th DCA 1997). We see nothing in section 985.037(2) that prohibits the circuit court from doing so in the present case....

...Const. BACKGROUND The Juvenile Court ■ Rules Committee (Committee) filed an out-of-cycle report proposing amendments to Rule of Juvenile Procedure 8.150 (Contempt). The Committee states that the proposed amendments conform the rule to changes to section 985.037, Florida Statutes, which addresses punishment for contempt of court in delinquency proceedings, made by chapter 2014-162, Laws of Florida....

...ntencing her to five days in secure detention, three of which were suspended, followed by a consecutive term of fifteen days in secure detention, all of which was suspended. M.P. contends that the trial court’s sentence violates the limitations of section 985.037(2), Florida Statutes (2007)....

...use, each alleging two separate violations of the same probation order. M.P. did not dispute the violations; rather she argued that she could only receive a single five-day placement in secure detention pursuant to the *1267 limitations set forth in section 985.037(2), governing the punishment of juveniles for contempt of court....

...led to comply with the sanction. A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a fírst offense and not to exceed 15 days for a second or subsequent offense. § 985.037(2), Fla....

...We addressed a similar situation in J.D. v. State, 954 So.2d 93 (Fla. 5th DCA 2007). In J.D., we held that consecutive placements in secure detention for multiple violations of a single behavior order violated the statutory limitations set forth in section 985.037(2)....

...strictly limited by law. R.G. [v. State, 817 So.2d 1019, 1020 (Fla. 3d DCA 2002) ]. As we did in J.D., we conclude that M.P.’s consecutive placements in secure detention for multiple violations of a single probation order violate the provisions of section 985.037(2)....

...AFFIRMED in part; REVERSED in part; REMANDED for correction of sentence. LAWSON, J., concurs in result, with opinion. SAWAYA, J., dissents, with opinion, . We reject without comment the State’s argument that the issue was not preserved. . Prior to January 1, 2007, section 985.037 was numbered 985.216.

PER CURIAM. C.R.T. petitions for a writ of habeas corpus alleging that his two concurrent thirty-day sentences to secure detention for contempt of court violate section 985.037(2), Florida Statutes (2017)....

...completed. This was error. “A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense.” § 985.037(2), Fla....

...Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. C.R.T. petitions for a writ of habeas corpus alleging that his two concurrent thirty- day sentences to secure detention for contempt of court violate section 985.037(2), Florida Statutes (2017)....

...eted. This was error. "A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense." § 985.037(2), Fla....

court follow the contempt procedures found in section 985.037, Florida Statutes (2017). The trial court

...s order finding him to be in indirect contempt of court and directing that he be detained for ten days. Because the trial court failed to follow the mandatory procedures for indirect contempt set forth in Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2017), we grant the writ and quash the order of contempt....

...ndering the petition moot. However, there are several petitions pending in our court which similarly allege that *763 orders of indirect contempt, resulting in short-term detentions, are being entered without the courts complying with rule 8.150 and section 985.037....

...State, 711 So.2d 598, 599 (Fla. 5th DCA 1998). We have jurisdiction and choose to consider the merits of the petition. “[A] prosecution for indirect criminal contempt is to follow the procedural due process set forth in [Florida Rule of Juvenile Procedure] 8.150 and section 985.037.” KM....

...r finding him to be in indirect con *762 tempt of court and directing that he be detained for ten days. Because the trial court failed to follow the mandatory procedures for indirect contempt set forth in Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2017), we grant the writ and quash the order of contempt....

...y rendering the petition moot. However, there are several petitions pending in our court, which similarly allege that orders of indirect contempt, resulting in short-term detentions, are being entered without the courts complying with rule 8.150 and section 985.037....

...State, 711 So.2d 598, 599 (Fla. 5th DCA 1998). We have jurisdiction and choose to consider the merits of the petition. “[A] prosecution for indirect criminal contempt is to follow the procedural due process set forth in [Florida Rule of Juvenile Procedure] 8.150 and section 985.037.” KM....

...The transcript indicates that after the trial judge asked the State if it wished to be heard on the sentencing issue, the assistant state attorney said, "Your honor, we would support what (defense counsel) is asking for, which is a total of eighteen days." . Effective January 1, 2007, this statute was renumbered as section 985.037(2)....

...order finding him to be in indirect contempt of court and directing that he be detained for ten days. Because the trial court failed to follow the mandatory procedures for indirect contempt set forth in Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2017), we grant the writ and quash the order of contempt.  We recognize that F.P.’s ten-day detention has expired and that he was released, technically rendering the petition moot. However, there are several petitions pending in our court which similarly allege that orders of indirect contempt, resulting in short-term detentions, are being entered without the courts complying with rule 8.150 and section 985.037....

...2d 598, 599 (Fla. 5th DCA 1998). We have jurisdiction and choose to consider the merits of the petition. “[A] prosecution for indirect criminal contempt is to follow the procedural due process set forth in [Florida Rule of Juvenile Procedure] 8.150 and section 985.037.” K.M. v....

...order finding him to be in indirect contempt of court and directing that he be detained for ten days. Because the trial court failed to follow the mandatory procedures for indirect contempt set forth in Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2017), we grant the writ and quash the order of contempt. We recognize that J.H.’s ten-day detention has expired and that he was released, technically rendering the petition moot. However, there are several petitions pending in our court, which similarly allege that orders of indirect contempt, resulting in short-term detentions, are being entered without the courts complying with rule 8.150 and section 985.037....

...2d 598, 599 (Fla. 5th DCA 1998). We have jurisdiction and choose to consider the merits of the petition. “[A] prosecution for indirect criminal contempt is to follow the procedural due process set forth in [Florida Rule of Juvenile Procedure] 8.150 and section 985.037.” K.M. v....

...During the pendency of a juvenile delinquency proceeding, the trial court held J.A. in contempt for violating a “do not run” order by running away from home and remaining away from home for ten days. The trial court sentenced J.A. to serve 100 days in secure detention. See § 985.037, Fla....