Florida Statutes
Fla. Stat. § 38.22 (2025)
Power to punish contempts.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 38.22
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§38.22CONTEMPT OF COURTCRIMINAL CONTEMPT
§38.22CONTEMPT OF COURTNO OFF OR PENALTY
§38.22CONTEMPT OF COURTNO OFF OR PENALTY
Notes of Decisions
Cited in 52
cases (2 in the last 5 years), 1945–2022 · leading case: In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992).
In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). “Until section 38.22, Florida Statutes, was amended in 1945 there prevailed in Florida the common law rule that denial under oath is conclusive and requires discharge of the defendant in indirect contempt cases; the discharge was considered as justified because the defendant…”
Noel Plank v. State of Florida, 190 So. 3d 594 (Fla. 2016). “22, Florida Statutes (2013), provides: “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.” - 15 - Plank, however, relies…”
Bouie v. State, 784 So. 2d 521 (Fla. 4th DCA 2001). “Section 38.22, Florida Statutes (1997), grants courts the authority to punish contempts.”
Aaron v. State, 345 So. 2d 641 (Fla. 1977). “" This appeal was transferred here by the District Court of Appeal, holding that the trial judge necessarily passed on the constitutionality of Section 38.22, Florida Statutes, which provides: " Power to punish contempts.”
Floyd v. Bentley, 496 So. 2d 862 (Fla. 2d DCA 1986). “However, for this court to find that the legislature, in enacting the above statute, intended to confer the right to jury trials in contempt proceedings, we would also be required to find a legislative intent to repeal section 38.22, Florida Statutes (1985), which provides that…”
RMP v. Jones, 419 So. 2d 618 (Fla. 1982). “§ 38.22, Fla. Stat. (1979). [3] Although R.”
STATE, DHRS v. Schreiber, 561 So. 2d 1236 (Fla. 4th DCA 1990). “*1241 Section 38.22, Florida Statutes (1989) provides that every court may punish contempt committed against it, so the court in this case had the power to hold the HRS employees in contempt.”
AA v. Rolle, 604 So. 2d 813 (Fla. 1992). “2d 509 , 515-16 (1946); § 38.22, Fla. Stat. (1991), the sanctions to be used by the courts in punishing contempt may properly be limited by statute.”
Rojo v. Rojo, 84 So. 3d 1259 (Fla. 3d DCA 2012). “See § 38.22, Fla. Stat. (2010); Parisi v. Broward Cnty.”
Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). “Statutory References § 38.22, Fla. Stat. Power to punish contempts.”
South Dade Farms v. Peters, 88 So. 2d 891 (Fla. 1956). “Section 38.22, Florida Statutes, F.S.A., provides: "Every court may punish contempts against it, whether such contempts *898 be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine all questions of law and fact, but the…”
Schaab v. State, 33 So. 3d 763 (Fla. 4th DCA 2010). “22, Florida Statutes (2008), provides both circuit and county courts with the authority to “punish con-tempts,” “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.”
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