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Florida Statute 985.037 | Lawyer Caselaw & Research
F.S. 985.037 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 985.037

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
View Entire Chapter
F.S. 985.037
985.037 Punishment for contempt of court; alternative sanctions.
(1) CONTEMPT OF COURT; LEGISLATIVE INTENT.The court may punish any child for contempt for interfering with the court or with court administration, or for violating any provision of this chapter or order of the court relative thereto. It is the intent of the Legislature that the court restrict and limit the use of contempt powers with respect to commitment of a child to a secure facility. A child who commits direct contempt of court or indirect contempt of a valid court order may be taken into custody and ordered to serve an alternative sanction or placed in a secure facility, as authorized in this section, by order of the court.
(2) PLACEMENT IN A SECURE DETENTION FACILITY.A child may be placed in a secure detention facility for purposes of punishment for contempt of court if alternative sanctions are unavailable or inappropriate, or if the child has already been ordered to serve an alternative sanction but failed 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.
(3) ALTERNATIVE SANCTIONS.Each judicial circuit shall have an alternative sanctions coordinator who shall serve under the chief administrative judge of the juvenile division of the circuit court, and who shall coordinate and maintain a spectrum of contempt sanction alternatives in conjunction with the circuit plan implemented in accordance with s. 790.22(4)(c). Upon determining that a child has committed direct contempt of court or indirect contempt of a valid court order, the court may immediately request the alternative sanctions coordinator to recommend the most appropriate available alternative sanction and shall order the child to perform up to 50 hours of community-service manual labor or a similar alternative sanction, unless an alternative sanction is unavailable or inappropriate, or unless the child has failed to comply with a prior alternative sanction. Alternative contempt sanctions may be provided by local industry or by any nonprofit organization or any public or private business or service entity that has entered into a contract with the Department of Juvenile Justice to act as an agent of the state to provide voluntary supervision of children on behalf of the state in exchange for the manual labor of children and limited immunity in accordance with s. 768.28(11).
(4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE PROCESS.
(a) If a child is charged with direct contempt of court, including traffic court, the court may impose an authorized sanction immediately. The court must hold a hearing to determine if the child committed direct contempt. Due process must be afforded to the child during this hearing.
(b) 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. At the hearing, the following due process rights must be provided to the child:
1. Right to a copy of the order to show cause alleging facts supporting the contempt charge.
2. Right to an explanation of the nature and the consequences of the proceedings.
3. 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.

The child’s parent or guardian may address the court regarding the due process rights of the child. Upon motion by the defense attorney or state attorney, the court shall review the placement of the child to determine whether it is appropriate for the child to remain in the facility.

(c) The court may not order that a child be placed in a secure detention facility for punishment for contempt unless the court determines that an alternative sanction is inappropriate or unavailable or that the child was initially ordered to an alternative sanction and did not comply with the alternative sanction. The court is encouraged to order a child to perform community service, up to the maximum number of hours, where appropriate before ordering that the child be placed in a secure detention facility as punishment for contempt of court.
(d) In addition to any other sanction imposed under this section, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend, a child’s driver license or driving privilege. The court may order that a child’s driver license or driving privilege be withheld or suspended for up to 1 year for a first offense of contempt and up to 2 years for a second or subsequent offense. If the child’s driver license or driving privilege is suspended or revoked for any reason at the time the sanction for contempt is imposed, the court shall extend the period of suspension or revocation by the additional period ordered under this paragraph. If the child’s driver license is being withheld at the time the sanction for contempt is imposed, the period of suspension or revocation ordered under this paragraph shall begin on the date on which the child is otherwise eligible to drive.
(5) ALTERNATIVE SANCTIONS COORDINATOR.There is created the position of alternative sanctions coordinator within each judicial circuit, pursuant to subsection (3). Each alternative sanctions coordinator shall serve under the direction of the chief administrative judge of the juvenile division as directed by the chief judge of the circuit. The alternative sanctions coordinator shall act as the liaison between the judiciary, local department officials, district school board employees, and local law enforcement agencies. The alternative sanctions coordinator shall coordinate within the circuit community-based alternative sanctions, including supervised release detention programs, community service projects, and other juvenile sanctions, in conjunction with the circuit plan implemented in accordance with s. 790.22(4)(c).
History.s. 14, ch. 94-209; s. 4, ch. 95-267; s. 24, ch. 97-238; s. 1, ch. 97-281; s. 15, ch. 98-207; s. 10, ch. 2000-134; s. 25, ch. 2000-135; s. 10, ch. 2006-120; s. 5, ch. 2014-162; s. 3, ch. 2018-86.
Note.Former s. 39.0145; s. 985.216.

F.S. 985.037 on Google Scholar

F.S. 985.037 on Casetext

Amendments to 985.037


Arrestable Offenses / Crimes under Fla. Stat. 985.037
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.037.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. A. a S. F. a N. A. a v. STATE, 271 So. 3d 87 (Fla. App. Ct. 2019)

. . . Pursuant to section 985.037(4)(b)(4), when a child is charged with contempt of court for violating a . . . as a sanction for contempt of court, the trial court is required to consider alternate sanctions. § 985.037 . . . contempt order in A.A. and remand for a hearing to be conducted consistent with the requisites of section 985.037 . . . order, the trial court must afford the juvenile due process and abide by the provisions of section 985.037 . . . Contempt proceedings in juvenile court are governed by section 985.037 of the Florida Statutes. . . .

J. A. a v. HOUSEL,, 271 So. 3d 54 (Fla. App. Ct. 2019)

. . . The Child/Respondent is put on notice that pursuant to F.S. 985.037, Fla[.] . . . P. 8.150(c)(5) ; § 985.037, Fla. Stat. (2019). . . . to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense. § 985.037 . . . Gargett, 101 So.3d 352, 354 (Fla. 2012), the Florida Supreme Court considered whether section 985.037 . . . Section 985.037(4)(b) provides: "If a child is charged with indirect contempt of court, the court must . . .

U. T. a v. STATE, 255 So. 3d 510 (Fla. App. Ct. 2018)

. . . . § 985.037, Fla. Stat. (2016). . . .

A. P. a v. STATE, 215 So. 3d 662 (Fla. Dist. Ct. App. 2017)

. . . counsel objected, and requested that the trial court follow the contempt procedures found in section 985.037 . . . the procedural due process set forth in [Florida Rules of Juvenile Procedure] rule 8.150 and section 985.037 . . .

J. H. a v. STATE, 216 So. 3d 761 (Fla. Dist. Ct. App. 2017)

. . . procedures for indirect contempt set forth in Florida Rule of Juvenile Procedure 8.150 and section 985.037 . . . in short-term detentions, are being entered without the courts complying with rule 8.150 and section 985.037 . . . follow the procedural due process set forth in [Florida Rule of Juvenile Procedure] 8.150 and section 985.037 . . .

F. P. a v. STATE, 216 So. 3d 762 (Fla. Dist. Ct. App. 2017)

. . . procedures for indirect contempt set forth in Florida Rule of Juvenile Procedure 8.150 and section 985.037 . . . in short-term detentions, are being entered without the courts complying with rule 8.150 and section 985.037 . . . follow the procedural due process set forth in [Florida Rule of Juvenile Procedure] 8.150 and section 985.037 . . .

C. R. T. a v. STATE, 215 So. 3d 187 (Fla. Dist. Ct. App. 2017)

. . . that his two concurrent thirty-day sentences to secure detention for contempt of court violate section 985.037 . . . exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense.” § 985.037 . . .

In AMENDMENTS TO FLORIDA RULE OF JUVENILE PROCEDURE, 184 So. 3d 1116 (Fla. 2016)

. . . .” ;, This rule provision adopted by the majority is inconsistent with section 985.037(4), Florida Statutes . . . See § 985.037(4)(b). . . . The Committee states that the proposed amendments conform the rule to changes to section 985.037, Florida . . .

G. M. a v. FLORIDA DEPARTMENT OF JUVENILE JUSTICE, 144 So. 3d 687 (Fla. Dist. Ct. App. 2014)

. . . Both sections 984.09(4)(b) (dependency actions) and 985.037(4) (delinquency actions) provide that if . . .

H. D. a v. SHORE,, 134 So. 3d 1062 (Fla. Dist. Ct. App. 2013)

. . . The court, however, did not initiate indirect contempt proceedings under section 985.037(4), Florida . . . Further, a first contempt offense could be punished by up to five days in secure detention only. § 985.037 . . .

J. M. H. v. STATE, 112 So. 3d 692 (Fla. Dist. Ct. App. 2013)

. . . (discussing section 985.037, Florida Statutes (2010)). . . .

J. M. a v. GARGETT,, 101 So. 3d 352 (Fla. 2012)

. . . the Second and Fifth Districts are in conflict as to the sanctions that may be imposed under section 985.037 . . . M.P. appealed, challenging her sentence as unauthorized by section 985.037. . . . In J.M., the Second District disagreed with the Fifth District’s interpretation of section 985.037 and . . . In this case, we find that the Second District’s interpretation of section 985.037 is in accord with . . . Section 985.037(2) plainly states that “[a] delinquent child who has been held in direct or indirect . . . Because I conclude that J.M. committed only a single act of indirect contempt of court under section 985.037 . . . The “offense” — i.e., the act of indirect contempt for the purposes of section 985.037 — was the violation . . . Because the violation of the order was a first offense, section 985.037 limited the trial court to imposing . . . the instant case involves acts of indirect contempt, we agree with the Second District that "section 985.037 . . .

J. M. a v. GARGETT,, 53 So. 3d 1245 (Fla. Dist. Ct. App. 2011)

. . . juvenile probation order that were adjudicated in a single hearing are not authorized pursuant to section 985.037 . . . Section 985.037, governs direct and indirect contempt of court in juvenile justice cases. . . . State, 954 So.2d 93 (Fla. 5th DCA 2007), that section 985.037(2) allows the circuit court only to impose . . . State, 975 So.2d 536 (Fla. 1st DCA 2008), wherein the court stated: Although section 985.037 limits a . . . However, section 985.037 does not distinguish between direct and indirect criminal contempt in regard . . .

R. A. P. a v. PARKINS,, 994 So. 2d 414 (Fla. Dist. Ct. App. 2008)

. . . We also do not restrict the court’s contempt power set forth in section 985.037, Florida Statutes. . . .

M. P. a v. STATE, 988 So. 2d 1266 (Fla. Dist. Ct. App. 2008)

. . . M.P. contends that the trial court’s sentence violates the limitations of section 985.037(2), Florida . . . receive a single five-day placement in secure detention pursuant to the limitations set forth in section 985.037 . . . to exceed 5 days for a fírst offense and not to exceed 15 days for a second or subsequent offense. § 985.037 . . . multiple violations of a single behavior order violated the statutory limitations set forth in section 985.037 . . . Prior to January 1, 2007, section 985.037 was numbered 985.216. . . . The majority holds that the trial court violated section 985.037(2), Florida Statutes (2007), by sentencing . . . Section 985.037(2), governing the punishment of juveniles for contempt of court by placement in a secure . . . to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense. § 985.037 . . . The majority contends that this court’s interpretation of section 985.037(2) in J.D. v. . . . In considering the second order to show cause, the trial court was limited by section 985.037(2) to sentence . . . Sawaya’s conclusion that the result dictated by J.D. is inconsistent with a plain reading of section 985.037 . . .

S. P. a v. STATE, 985 So. 2d 651 (Fla. Dist. Ct. App. 2008)

. . . The petitioner asserts that pursuant to section 985.037, Florida Statutes (2007), and J.D. v. . . . The First District in K.Q.S. opined that, “[although section 985.037 limits a sentence for a second or . . . consecutive terms of secure detention for multiple instances of direct contempt of court, pursuant to section 985.037 . . .

B. M. a v. DOBULER,, 979 So. 2d 308 (Fla. Dist. Ct. App. 2008)

. . . hold a child in custody or “secure detention” prior to adjudication or disposition appears in section 985.037 . . . Right to appeal to an appropriate court. § 985.037(4)(b), Fla. Stat. (2007). . . . See § 985.037(4)(b), Fla. Stat. (2007); R.G., 817 So.2d at 1020; see, e.g., T.M. v. . . . 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. . . .

X. R. a v. STATE, 976 So. 2d 633 (Fla. Dist. Ct. App. 2008)

. . . Section 985.037(1), Florida Statutes, which provides for punishment of juveniles for contempt, references . . .

J. S. a v. STATE, 975 So. 2d 1214 (Fla. Dist. Ct. App. 2008)

. . . . § 985.037(2), Fla. Stat. (2006). . . .

K. Q. S. a v. STATE, 975 So. 2d 536 (Fla. Dist. Ct. App. 2008)

. . . The appellant asserts that, pursuant to section 985.037, Florida Statutes (2007) and J.D. v. . . . Specifically, the appellant asserts that section 985.037, Florida Statutes (2007), and J.D. v. . . . Section 985.037 delineates a trial court’s powers to impose sanctions on juveniles who are in contempt . . . Section 985.037 was discussed by the Fifth District in J.D. v. . . . Although section 985.037 limits a sentence for a second or subsequent offense to fifteen days, nothing . . .

K. M. a v. STATE, 962 So. 2d 969 (Fla. Dist. Ct. App. 2007)

. . . indirect criminal contempt hearing set forth in Florida Rule of Juvenile Procedure 8.150 or section 985.037 . . . indirect criminal contempt is to follow the procedural due process set forth in rule 8.150 and section 985.037 . . . neither the nature and consequences of the proceeding, nor the rights afforded K.M. pursuant to section 985.037 . . .

J. D. A v. STATE, 954 So. 2d 93 (Fla. Dist. Ct. App. 2007)

. . . Effective January 1, 2007, this statute was renumbered as section 985.037(2). . . . .

A. K. a v. DOBULER,, 951 So. 2d 989 (Fla. Dist. Ct. App. 2007)

. . . secure detention for longer than 72 hours is when a contempt proceeding is held according to section 985.037 . . . Section 985.037 requires the necessary due process protections before the child can be found in contempt . . . See § 985.037(4)(b), Fla.Stat. (2007). Here, none of these requirements were followed. . . .

T. M. a v. DOBULER,, 959 So. 2d 279 (Fla. Dist. Ct. App. 2007)

. . . . § 985.037(1), Fla. . . .

S. B. a v. STATE, 940 So. 2d 576 (Fla. Dist. Ct. App. 2006)

. . . Such a sentence appears to violate Section 985.037(2), Florida Statutes (2006) that provides, in pertinent . . .