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FL · rules

Fla. R. Juv. P. 8.150

Contempt

activein force · 2026-01-01 – presentact-effective-date

(a) Contempt of Court. The court may punish any child for

contempt under this rule for interfering with the court or court

administration, or for violating any order of the court. A child under

the jurisdiction of the juvenile court may be subject to contempt

under this rule even upon reaching the age of majority. If the child

is found in contempt and sentenced to secure detention, on motion

by any party the court must review the placement of the child to

determine whether it is appropriate for the child to remain detained.

(b) Direct Contempt. After a hearing, a contempt may be

punished immediately if the court saw or heard the conduct

constituting the contempt that was committed in the presence of

the court. The child has a right to legal counsel and the right to

have legal counsel appointed by the court if the child is indigent.

The court must inform the child as to the basis for the contempt by

reciting the facts on which the contempt is based. Before the

adjudication of guilt the court must inquire as to whether there is

any cause to show why the child should not be adjudged guilty of

contempt by the court and sentenced therefor. The child must be

given the opportunity to present evidence of excusing or mitigating

circumstances. The judgment must be signed by the court and

entered of record. Sentence must be pronounced in open court.

(c) Indirect Contempt. An indirect contempt may be

prosecuted in the following manner:

(1) Legal Counsel. Counsel must be appointed for all

contempt hearings if the child qualifies for such appointment, or

the child has the right to retain counsel, unless the child waives

counsel in writing as required by rule 8.165.

(2) Order to Show Cause. On affidavit of any person

having personal knowledge of the facts, the court may issue and

sign an order to show cause. The order must state the essential

facts constituting the contempt charged and require the child to

appear before the court to show cause why the child should not be

held in contempt of court. If the contempt charged involves

disrespect to or criticism of a judge, on motion by the child, the

judge must be disqualified by the chief judge of the circuit. The

order must specify the time and place of the hearing, with a

reasonable time allowed for the preparation of a defense after

service of the order on the child. It must be served in the same

manner as a summons. Nothing herein shall be construed to

prevent the child from waiving the service of process.

(3) Motions; Answer. The child may move to dismiss the

order to show cause, move for a statement of particulars, admit to

the offense, or enter a denial and request a hearing.

(4) Detention Before the Hearing. The court may only

detain the child before the contempt hearing solely on the contempt

proceeding if the court provides clear and convincing reasons in

writing demonstrating the court’s belief that the child will fail to

appear in response to the order to show cause.

(5) Hearing. The judge may conduct a hearing without

assistance of counsel or may be assisted in the prosecution of the

contempt by the state attorney or by an attorney appointed for that

purpose. At the hearing, the child has the following rights:

(A) The right to be represented by legal counsel.

(B) The right to testify in the child’s own defense.

(C) The right to confront witnesses.

(D) The right to subpoena and present the

witnesses.

(E) The right to have the hearing recorded and a

copy of such recording.

(F) The right to have a transcript of the

proceeding.

(G) The right to appeal.

(6) Verdict; Judgment. At the conclusion of the hearing

the court must sign a judgment of guilty or not guilty. If the court

finds the child guilty, the judgment should include a recital of the

facts that constituted the contempt.

(7) Sentence. Before the pronouncement of sentence the

court must inform the child of the accusation and judgment against

him or her and inquire as to whether there is any cause to show

why sentence should not be pronounced. The child must be

afforded the opportunity to present evidence of mitigating

circumstances. The court must consider all available and

appropriate sentences, including alternative sanctions. The court

must pronounce the sentence in open court and in the presence of

the child.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
8643f9138c20e7a5ef14325656a9c6aa2c7de96074092b85c6df72e08fc8a074
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