The 2023 Florida Statutes (including Special Session C)
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. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . .” ;, 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 . . .
. . . Both sections 984.09(4)(b) (dependency actions) and 985.037(4) (delinquency actions) provide that if . . .
. . . 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 . . .
. . . (discussing section 985.037, Florida Statutes (2010)). . . .
. . . 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 . . .
. . . 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 . . .
. . . We also do not restrict the court’s contempt power set forth in section 985.037, Florida Statutes. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . Section 985.037(1), Florida Statutes, which provides for punishment of juveniles for contempt, references . . .
. . . . § 985.037(2), Fla. Stat. (2006). . . .
. . . 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 . . .
. . . 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 . . .
. . . Effective January 1, 2007, this statute was renumbered as section 985.037(2). . . . .
. . . 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. . . .
. . . Such a sentence appears to violate Section 985.037(2), Florida Statutes (2006) that provides, in pertinent . . .