Florida Statute 985.037 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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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 Citing Statute 985.037

Total Results: 20

NIKKI ALVAREZ-SOWLES, AS CLERK AND COMPTROLLER OF PASCO COUNTY, FLORIDA v. PASCO COUNTY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-06-07

Snippet: sanctions coordinators pursuant to ss. 984.09 and 985.037. 13 § 29

NIKKI ALVAREZ-SOWLES, AS CLERK AND COMPTROLLER OF PASCO COUNTY, FLORIDA v. PASCO COUNTY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

Snippet: sanctions coordinators pursuant to ss. 984.09 and 985.037. § 29.008(3). The Clerk has failed to point to

NIKKI ALVAREZ-SOWLES, AS CLERK AND COMPTROLLER OF PASCO COUNTY, FLORIDA v. PASCO COUNTY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

Snippet: sanctions coordinators pursuant to ss. 984.09 and 985.037. § 29.008(3). The Clerk has failed to point to

J.A. v. Housel

Court: District Court of Appeal of Florida | Date Filed: 2019-04-15

Snippet: to serve 100 days in secure detention. See § 985.037, Fla. Stat. (2019).1 Several weeks later

A.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-02-27

Citation: 271 So. 3d 87

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

A.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-02-27

Citation: 271 So. 3d 87

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

A.A., S.F., & N.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-02-27

Snippet: proceedings in juvenile court are governed by section 985.037 of the Florida Statutes. This statute contains

J.A. v. Housel

Court: District Court of Appeal of Florida | Date Filed: 2019-01-25

Snippet: Child/Respondent is put on notice that pursuant to F.S. 985.037, Fla[.] Stat. (2017), the child is facing

J.A. v. Housel

Court: District Court of Appeal of Florida | Date Filed: 2019-01-25

Citation: 271 So. 3d 54

Snippet: Child/Respondent is put on notice that pursuant to F.S. 985.037, Fla[.] Stat. (2017), the child is facing

U.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-03

Citation: 255 So. 3d 510

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

U.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-03

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

A.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-27

Citation: 215 So. 3d 662, 2017 WL 1533632, 2017 Fla. App. LEXIS 5955

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

A.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-24

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

F.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-21

Citation: 216 So. 3d 762, 2017 WL 1423578, 2017 Fla. App. LEXIS 5646

Snippet: Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2017), we grant the writ and

J.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-21

Citation: 216 So. 3d 761, 2017 WL 1423577, 2017 Fla. App. LEXIS 5546

Snippet: Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2017), we grant the writ and

F.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-17

Snippet: Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2017), we grant the writ and

J.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-17

Snippet: Florida Rule of Juvenile Procedure 8.150 and section 985.037, Florida Statutes (2017), we grant the writ and

C.R.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-04

Citation: 215 So. 3d 187

Snippet: detention for contempt of court violate section 985.037(2), Florida Statutes (2017). We grant the petition

C.R.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-03

Snippet: detention for contempt of court violate section 985.037(2), Florida Statutes (2017). We grant the petition

In Re AMENDMENTS TO FLORIDA RULE OF JUVENILE PROCEDURE 8.150

Court: Supreme Court of Florida | Date Filed: 2016-02-11

Citation: 184 So. 3d 1116, 41 Fla. L. Weekly Supp. 37, 2016 Fla. LEXIS 278

Snippet: amendments conform the rule to changes to section 985.037, Florida Statutes, which addresses punishment for