Fla. R. Juv. P. 8.286

(a) Applicability. This rule governs indirect civil contempt

proceedings in matters related to juvenile dependency. The use of

civil contempt sanctions under this rule must be limited to those

used to compel compliance with a court order or to compensate a

movant for losses sustained as a result of a contemnor’s willful

failure to comply with a court order. Contempt sanctions intended

to punish an offender or to vindicate the authority of the court are

criminal in nature and are governed by rule 8.285.

(b) Motion and Notice. Civil contempt may be initiated by

motion. The motion must recite the essential facts constituting the

acts alleged to be contemptuous. No civil contempt may be imposed

without notice to the alleged contemnor and without providing the

alleged contemnor with an opportunity to be heard. The civil

contempt motion and notice of hearing may be served by mail

provided notice by mail is reasonably calculated to apprise the

alleged contemnor of the pendency of the proceedings. The notice

must specify the time and place of the hearing and must contain

the following language: “FAILURE TO APPEAR AT THE HEARING

MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY

ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU

MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS

HELD.”

(c) Hearing. In any civil contempt hearing, after the court

makes an express finding that the alleged contemnor had notice of

the motion and hearing:

(1) The court must determine whether the movant has

established that a prior order was entered and that the alleged

contemnor has failed to comply with all or part of the prior order.

(2) If the court finds the movant has established all of

the requirements in subdivision (c)(1) of this rule, the court must:

(A) if the alleged contemnor is present, determine

whether the alleged contemnor had the present ability to comply

with the prior court order; or

(B) if the alleged contemnor fails to appear, set a

reasonable purge based on the circumstances of the parties.

The court may issue a writ of bodily attachment and direct that,

upon execution of the writ of bodily attachment, the alleged

contemnor be brought before the court within 48 hours for a

hearing on whether the alleged contemnor has the present ability to

comply with the prior court order and, if so, whether the failure to

comply is willful.

(d) Order and Sanctions. After hearing the testimony and

evidence presented, the court must enter a written order granting or

denying the motion for contempt.

(1) An order finding the alleged contemnor to be in

contempt must contain a finding that a prior order was entered,

that the alleged contemnor has failed to comply with the prior court

order, that the alleged contemnor had the present ability to comply,

and that the alleged contemnor willfully failed to comply with the

prior court order. The order must contain a recital of the facts on

which these findings are based.

(2) If the court grants the motion for contempt, the

court may impose appropriate sanctions to obtain compliance with

the order including incarceration, attorneys’ fees and costs,

compensatory or coercive fines, and any other coercive sanction or

relief permitted by law provided the order includes a purge

provision as set forth in subdivision (e) of this rule.

(e) Purge. If the court orders incarceration, a coercive fine,

or any other coercive sanction for failure to comply with a prior

order, the court must set conditions for purge of the contempt,

based on the contemnor’s present ability to comply. The court must

include in its order a separate affirmative finding that the

contemnor has the present ability to comply with the purge and the

factual basis for that finding. The court may grant the contemnor a

reasonable time to comply with the purge conditions. If the court

orders incarceration but defers incarceration for more than 48

hours to allow the contemnor a reasonable time to comply with the

purge conditions, and the contemnor fails to comply within the time

provided, the movant must file an affidavit of noncompliance with

the court. The court then may issue a writ of bodily attachment.

Upon incarceration, the contemnor must be brought before the

court within 48 hours for a determination of whether the contemnor

continues to have the present ability to comply with the purge.

(f) Review after Incarceration. Notwithstanding the

provisions of this rule, at any time after a contemnor is

incarcerated, the court on its own motion or motion of any party

may review the contemnor’s present ability to comply with the

purge and the duration of incarceration and modify any prior

orders.

(g) Other Relief. When there is a failure to comply with a

court order but the failure is not willful, nothing in this rule shall

be construed as precluding the court from granting such relief as

may be appropriate under the circumstances.