Florida Statute 985.37 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 985.037

Annotations, Discussions, Cases:

Cases Citing Statute 985.037

Total Results: 39

J.M. v. Gargett

101 So. 3d 352, 37 Fla. L. Weekly Supp. 611, 2012 WL 4666695, 2012 Fla. LEXIS 1925

Supreme Court of Florida | Filed: Oct 4, 2012 | Docket: 60226265

Cited 6 times | Published

to the sanctions that may be imposed under section 985.037(2), Florida Statutes (2010), when a juvenile

KM v. State

962 So. 2d 969, 2007 WL 2119265

District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 1505520

Cited 5 times | Published

Florida Rule of Juvenile Procedure 8.150 or section 985.037, Florida Statutes. Rather, the court asked

BM v. Dobuler

979 So. 2d 308, 2008 WL 724124

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1714467

Cited 3 times | Published

to adjudication or disposition appears in section 985.037 of the Florida Statutes, where the legislature

KQS v. State

975 So. 2d 536, 2008 WL 244938

District Court of Appeal of Florida | Filed: Jan 31, 2008 | Docket: 1727511

Cited 3 times | Published

detention. The appellant asserts that, pursuant to section 985.037, Florida Statutes (2007) and J.D. v. State

AK v. Dobuler

951 So. 2d 989, 2007 WL 756922

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 1280624

Cited 3 times | Published

is held according to section 985.037, Florida Statutes (2007). Section 985.037 requires the necessary

JD v. State

954 So. 2d 93, 2007 WL 1158213

District Court of Appeal of Florida | Filed: Apr 20, 2007 | Docket: 1651657

Cited 2 times | Published

January 1, 2007, this statute was renumbered as section 985.037(2). [3] The Florida Supreme Court, however

A.P. v. State

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

District Court of Appeal of Florida | Filed: Apr 27, 2017 | Docket: 60264946

Cited 1 times | Published

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

J.M.H. v. State

112 So. 3d 692, 2013 WL 1847027, 2013 Fla. App. LEXIS 7206

District Court of Appeal of Florida | Filed: May 3, 2013 | Docket: 60231224

Cited 1 times | Published

each successive instance. See id. (discussing section 985.037, Florida Statutes (2010)).1 Because each violation

JS v. State

975 So. 2d 1214, 2008 WL 611676

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1424930

Cited 1 times | Published

to impose a sentence greater than five days. § 985.037(2), Fla. Stat. (2006). The court is without authority

TM v. Dobuler

959 So. 2d 279, 2007 WL 397423

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 42771

Cited 1 times | Published

deny the petition for writ of habeas corpus. § 985.037(1), Fla. Stat. (2007) ("The court may punish any

SB v. State

940 So. 2d 576, 2006 WL 3077513

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1943621

Cited 1 times | Published

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

J.A. v. Housel

District Court of Appeal of Florida | Filed: Apr 15, 2019 | Docket: 14941902

Published

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

A.A. v. State

271 So. 3d 87

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 64713535

Published

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

A.A. v. State

271 So. 3d 87

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 64713536

Published

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

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 14572888

Published

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

J.A. v. Housel

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 14523164

Published

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

J.A. v. Housel

271 So. 3d 54

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 14516113

Published

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

U.T. v. State

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 7975830

Published

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

U.T. v. State

255 So. 3d 510

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 64689255

Published

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

A.P. v. State

District Court of Appeal of Florida | Filed: Apr 24, 2017 | Docket: 6058999

Published

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

F.P. v. State

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

District Court of Appeal of Florida | Filed: Apr 21, 2017 | Docket: 60265481

Published

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

J.H. v. State

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

District Court of Appeal of Florida | Filed: Apr 21, 2017 | Docket: 60265480

Published

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

F.P. v. State

District Court of Appeal of Florida | Filed: Apr 17, 2017 | Docket: 5912215

Published

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

J.H. v. State

District Court of Appeal of Florida | Filed: Apr 17, 2017 | Docket: 5912213

Published

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

C.R.T. v. State

215 So. 3d 187

District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 60264616

Published

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

C.R.T. v. State

District Court of Appeal of Florida | Filed: Apr 3, 2017 | Docket: 4684546

Published

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

In Re AMENDMENTS TO FLORIDA RULE OF JUVENILE PROCEDURE 8.150

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

Supreme Court of Florida | Filed: Feb 11, 2016 | Docket: 3035599

Published

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

H.D. v. Shore

134 So. 3d 1062, 2013 WL 4821050, 2013 Fla. App. LEXIS 14458

District Court of Appeal of Florida | Filed: Sep 11, 2013 | Docket: 60239019

Published

initiate indirect contempt proceedings under section 985.037(4), Florida Statutes (2012). Further, a first

J.M. v. Gargett

53 So. 3d 1245, 2011 Fla. App. LEXIS 2267, 2011 WL 637296

District Court of Appeal of Florida | Filed: Feb 23, 2011 | Docket: 60298052

Published

single hearing are not authorized pursuant to section 985.037(2), Florida Statutes (2010). This claim is

R.A.P. v. Parkins

994 So. 2d 414, 2008 Fla. App. LEXIS 16423, 2008 WL 4643875

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 64856731

Published

restrict the court’s contempt power set forth in section 985.037, Florida Statutes. Finally, we address the

M.P. v. State

988 So. 2d 1266, 2008 Fla. App. LEXIS 12884, 2008 WL 3978209

District Court of Appeal of Florida | Filed: Aug 29, 2008 | Docket: 64855584

Published

court’s sentence violates the limitations of section 985.037(2), Florida Statutes (2007). We agree and reverse

SP v. State

985 So. 2d 651, 2008 WL 2544234

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 1253671

Published

days. The petitioner asserts that pursuant to section 985.037, Florida Statutes (2007), and J.D. v. State

S.P. v. State

985 So. 2d 651, 2008 Fla. App. LEXIS 9532

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 64855163

Published

days. The petitioner asserts that pursuant to section 985.037, Florida Statutes (2007), and J.D. v. State

J.S. v. State

975 So. 2d 1214, 2008 Fla. App. LEXIS 3134

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 64853989

Published

to impose a sentence greater than five days. § 985.037(2), Fla. Stat. (2006). The court is without authority

X.R. v. State

976 So. 2d 633, 2008 Fla. App. LEXIS 3132, 2008 WL 611610

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 64854088

Published

temporarily victimized by order, even if erroneous). Section 985.037(1), Florida Statutes, which provides for punishment

K.Q.S. v. State

975 So. 2d 536, 2008 Fla. App. LEXIS 985

District Court of Appeal of Florida | Filed: Jan 31, 2008 | Docket: 64853954

Published

detention. The appellant asserts that, pursuant to section 985.037, Florida Statutes (2007) and J.D. v. State

K.M. v. State

962 So. 2d 969, 2007 Fla. App. LEXIS 11407

District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 64851820

Published

Florida Rule of Juvenile Procedure 8.150 or section 985.037, Florida Statutes. Rather, the court asked

J.D. v. State

954 So. 2d 93, 2007 Fla. App. LEXIS 5795

District Court of Appeal of Florida | Filed: Apr 20, 2007 | Docket: 64850170

Published

January 1, 2007, this statute was renumbered as section 985.037(2). . The Florida Supreme Court, however

S.B. v. State

940 So. 2d 576, 2006 Fla. App. LEXIS 18342

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 64847498

Published

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