Florida Statute 38.22 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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F.S. 38.22

38.22 Power to punish contempts.—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.

History.—s. 1, Nov. 23, 1828; RS 975; GS 1345; RGS 2534; CGL 4161; s. 1, ch. 23004, 1945; s. 4, ch. 73-334.

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Amendments to 38.22

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 38.22

Level: Degree
Misdemeanor/Felony: First/Second/Third

S38.22 - CONTEMPT OF COURT - NO OFF OR PENALTY - F: F

S38.22 - CONTEMPT OF COURT - NO OFF OR PENALTY - M: S

S38.22 - CONTEMPT OF COURT - CRIMINAL CONTEMPT - N: N

Cases Citing Statute 38.22

Total Results: 48

Aaron v. State

284 So. 2d 673

Supreme Court of Florida | Filed: Jul 11, 1973 | Docket: 1727871

Cited 73 times | Published

examination of the following statutes will show. Section 38.22 of the Florida Statutes, F.S.A., authorizes

South Dade Farms v. Peters

88 So. 2d 891

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

Cited 36 times | Published

have been recognized by statute in Florida. Section 38.22, Florida Statutes, F.S.A., provides: "Every

The Florida Bar v. Brown

905 So. 2d 76, 2005 WL 1355026

Supreme Court of Florida | Filed: Jun 9, 2005 | Docket: 2024633

Cited 14 times | Published

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

Floyd v. Bentley

496 So. 2d 862, 11 Fla. L. Weekly 2111

District Court of Appeal of Florida | Filed: Oct 3, 1986 | Docket: 1522795

Cited 14 times | Published

required to find a legislative intent to repeal section 38.22, Florida Statutes (1985), which provides that

STATE, DHRS v. Schreiber

561 So. 2d 1236, 1990 WL 64151

District Court of Appeal of Florida | Filed: May 16, 1990 | Docket: 1740346

Cited 13 times | Published

lawful exercise of its contempt powers. *1241 Section 38.22, Florida Statutes (1989) provides that every

Ballengee v. State

144 So. 2d 68

District Court of Appeal of Florida | Filed: Aug 8, 1962 | Docket: 1784275

Cited 12 times | Published

punish for contempt. (The limitation of Section F.S. 38.22 F.S.A. 1961 applies only to justices of the peace

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

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

AA v. Rolle

604 So. 2d 813, 1992 WL 171308

Supreme Court of Florida | Filed: Jul 23, 1992 | Docket: 1686400

Cited 11 times | Published

157 Fla. 496, 507, 26 So.2d 509, 515-16 (1946); § 38.22, Fla. Stat. (1991), the sanctions to be used by

RMP v. Jones

419 So. 2d 618

Supreme Court of Florida | Filed: Apr 29, 1982 | Docket: 1583739

Cited 11 times | Published

have the statutory power to punish for contempt. § 38.22, Fla. Stat. (1979).[3] Although R.M.P. does not

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

the motions or answer be under oath. Until section 38.22, Florida Statutes, was amended in 1945 there

Ducksworth v. Boyer

125 So. 2d 844

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

Cited 9 times | Published

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

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

appear is direct contempt, as settled in Aron.). Section 38.22, Florida Statutes (1997), grants courts the

Aaron v. State

345 So. 2d 641

Supreme Court of Florida | Filed: Feb 25, 1977 | Docket: 1739602

Cited 8 times | Published

necessarily passed on the constitutionality of Section 38.22, Florida Statutes, which provides: "Power to

Vernell v. State Ex Rel. Gerstein

212 So. 2d 11

District Court of Appeal of Florida | Filed: Jul 2, 1968 | Docket: 460635

Cited 7 times | Published

properly were heard before the court without a jury. § 38.22 Fla. Stat., F.S.A. Baumgartner v. Joughin, 105

Rojo v. Rojo

84 So. 3d 1259, 2012 WL 1316804, 2012 Fla. App. LEXIS 5927

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60306643

Cited 6 times | Published

intentionally failing to obey a court order. See § 38.22, Fla. Stat. (2010); Parisi v. Broward Cnty., 769

Walker v. Bentley

660 So. 2d 313, 1995 WL 508902

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1657018

Cited 6 times | Published

power. As the court stated: We take notice of [section 38.22, Florida Statutes (1949)] but do not construe

Schaab v. State

33 So. 3d 763, 2010 Fla. App. LEXIS 5290, 2010 WL 1563698

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 1153195

Cited 5 times | Published

826, 114 S.Ct. 2552, 129 L.Ed.2d 642 (1994)). Section 38.22, Florida Statutes (2008), provides both circuit

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

Committee notes revised. Statutory References § 38.22, Fla. Stat. Power to punish contempts. § 38.23

Burk v. Washington

713 So. 2d 988, 1998 WL 315150

Supreme Court of Florida | Filed: Jun 12, 1998 | Docket: 1450176

Cited 5 times | Published

authorized imprisonment and fines for contempt, section 38.22, stated no maximum time for imprisonment. Id

Moorman v. Bentley

490 So. 2d 186, 11 Fla. L. Weekly 1400

District Court of Appeal of Florida | Filed: Jun 20, 1986 | Docket: 1489117

Cited 4 times | Published

Florida courts has been codified by statute, section 38.22, Florida Statutes (1985), there is no statute

Dennis DeMartin v. State of Florida

188 So. 3d 87, 2016 Fla. App. LEXIS 4917, 2016 WL 1239759

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049149

Cited 3 times | Published

court’s conclusions of law.” Id. Section 38.22, Florida Statutes, states, “Every court may

RMP v. Jones

392 So. 2d 301

District Court of Appeal of Florida | Filed: Dec 23, 1980 | Docket: 1678225

Cited 3 times | Published

authority to enforce my own order is set forth in Section 38.22, F.S., entitled Power to Punish Contempts, to-wit:

Keith R. Johnson v. State

218 So. 3d 957, 2017 Fla. App. LEXIS 1254, 2017 WL 456906

District Court of Appeal of Florida | Filed: Feb 3, 2017 | Docket: 4583359

Cited 2 times | Published

a felony proceeding, a circuit court case. Section 38.22[, Florida Statutes (2008)] gave the circuit

Graves v. State

821 So. 2d 459, 2002 WL 1625423

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1235769

Cited 2 times | Published

statute as either a felony or a misdemeanor. See § 38.22, Fla. Stat. (2001). In order to determine whether

Thomas A. Edison College, Inc. v. STATE BD., ETC.

411 So. 2d 257, 3 Educ. L. Rep. 460

District Court of Appeal of Florida | Filed: Mar 3, 1982 | Docket: 1327052

Cited 2 times | Published

appellant that the fine imposed was excessive. Section 38.22, Florida Statutes (1973) authorizes courts to

Weinberg v. Weinberg

137 So. 3d 600, 2014 WL 1795698, 2014 Fla. App. LEXIS 6722

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240386

Cited 1 times | Published

So.3d 1259,1261-62 (Fla. 3d DCA 2012) (citing § 38.22, Fla. Stat. (2010)). Such empowerment assists courts

Harvey v. State

32 So. 3d 61, 2008 Fla. App. LEXIS 16313, 2008 WL 4647386

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1197032

Cited 1 times | Published

There is no reason to believe that the statute [section 38.22, Florida Statutes, as amended in 1945] is unconstitutional

PHILIP MORRIS USA, INC. v. BARBARA COHEN, as Personal representative of the ESTATE OF RITA SHIFRIN

District Court of Appeal of Florida | Filed: Jun 8, 2022 | Docket: 63369342

Published

10 See § 38.22, Fla. Stat. (recognizing a court’s statutory power

DERRICK TYRONE JENKINS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 23, 2021 | Docket: 60006547

Published

“county court criminal judge” hear the case. Section 38.22, Florida Statutes (2019), provides that “[e]very

Noel Plank v. State of Florida

190 So. 3d 594, 41 Fla. L. Weekly Supp. 93, 2016 Fla. LEXIS 553, 2016 WL 1065696

Supreme Court of Florida | Filed: Mar 17, 2016 | Docket: 3045365

Published

to act on contempt of court. Specifically, section 38.22, Florida Statutes (2013), provides: “Every court

Cavallaro v. Omni Properties

133 So. 3d 1121, 2014 WL 538777, 2014 Fla. App. LEXIS 1850

District Court of Appeal of Florida | Filed: Feb 12, 2014 | Docket: 60238690

Published

intentionally failing to obey a court order. See § 38.22, Fla. Stat. (2010); Parisi v. Broward Cnty., 769

Alan v. State

39 So. 3d 343, 2010 Fla. App. LEXIS 7322, 2010 WL 2077168

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 60294866

Published

facing criminal contempt charges. Id.; see also § 38.22 Fla. Stat. (2008) (stating Florida courts have

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

Committee notes revised. Statutory References § 38.22, Fla. Stat. Power to punish contempts. § 38.23

Saridakis v. State

936 So. 2d 33, 2006 Fla. App. LEXIS 11613, 2006 WL 1896405

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 64846203

Published

in Aaron v. State, 284 So.2d 673 (Fla.1973): Section 38.22 of the Florida Statutes, F.S.A., authorizes

Simpson v. Young

884 So. 2d 186, 2004 Fla. App. LEXIS 10990, 2004 WL 1635154

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 64833446

Published

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

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

Committee notes revised. Statutory References § 38.22, Fla. Stat. Power to punish con-tempts. § 38.23

Kramer v. State

800 So. 2d 319, 2001 Fla. App. LEXIS 15792, 2001 WL 1386610

District Court of Appeal of Florida | Filed: Nov 9, 2001 | Docket: 64810322

Published

Contempt is a common law crime in Florida. Section 38.22, Florida Statutes (1999), authorizes courts

Lussy v. Fenniman

763 So. 2d 1110, 1999 Fla. App. LEXIS 17054, 1999 WL 1243889

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 64799188

Published

in connection with a contempt proceeding. See § 38.22, Fla. Stat. (1999); South Dade Farms, Inc. v. Peters

Wells v. State

654 So. 2d 145, 1995 Fla. App. LEXIS 439, 1995 WL 25758

District Court of Appeal of Florida | Filed: Jan 25, 1995 | Docket: 64755871

Published

to punish for violation of a valid court order. § 38.22, Fla.Stat. (1993); R.M.P. v. Jones, 419 So.2d 618

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

notes revised and expanded. Statutory References F.S. 38.22-38.23 Contempt. F.S. 733.502 Resignation of personal

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

notes revised and expanded. Statutory References F.S. 38.22 — 38.23 Contempt. F.S. 733.502 Resignation of

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

revised and expanded. *1089Statutory References F.S. 38.22-38.23 Contempt. F.S. 733.502 Resignation of personal

Martin v. State

397 So. 2d 1012, 1981 Fla. App. LEXIS 19714

District Court of Appeal of Florida | Filed: May 11, 1981 | Docket: 64582392

Published

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

Jackson v. State

345 So. 2d 645, 1977 Fla. LEXIS 3832

Supreme Court of Florida | Filed: Feb 25, 1977 | Docket: 64558420

Published

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

Miller v. Balikes

166 So. 2d 610, 1964 Fla. App. LEXIS 4000

District Court of Appeal of Florida | Filed: Jun 16, 1964 | Docket: 64490339

Published

empowered to punish for contempt of court. Likewise, § 38.22, Fla.Stat, F.S.A., provides: "Every court may punish

Dodd v. State

110 So. 2d 22, 1959 Fla. App. LEXIS 3129

District Court of Appeal of Florida | Filed: Mar 26, 1959 | Docket: 60192109

Published

common law rule has been superseded by a statute, § 38.22, Fla.Stat., F.S.A.2 We granted rehearing, and after

Puleo v. State

109 So. 2d 39

District Court of Appeal of Florida | Filed: Feb 6, 1959 | Docket: 60191897

Published

Florida, from a conviction of contempt of court?” Section 38.22, Florida Statutes, F.S.A., authorizes every

State ex rel. Huie v. Lewis

80 So. 2d 685, 1955 Fla. LEXIS 3545

Supreme Court of Florida | Filed: May 20, 1955 | Docket: 64486864

Published

contempt was warranted by the *694Statute, F.S.Section 38.22, F.S.A. The point was not raised by petitioner