ContemptRule 8.150
13 opinions cite Rule 8.150
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A.L.B. v. State 675 So. 2d 668 · DCA95-2985 · District Court of Appeal 1996
· cited by 2 in all courts
…separate sentences of incarceration for each violation are improper. We affirm on the first two grounds, but reverse on the third ground. Florida Rule of Juvenile Procedure 8.150(b)(1) provides in pertinent part that indirect contempt in delinquency proceedings may be prosecuted as follows: Order to Show Cause. The court on its oum…
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A.N.W. v. State 2D2023-1300 · 2nd DCA 2024
Indirect contempt adjudication against a youth in a dependency case reversed because the show-cause order rested on an unsworn report by someone without personal knowledge.
…that the adjudication of indirect criminal contempt must be reversed because the dependency court failed to follow the procedure dictated by Florida Rule of Juvenile Procedure 8.150(c). The rule states in relevant part that a court may issue an order to show cause "[o]n affidavit of any person having personal knowledge of the facts." Fla. R.…
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W.C. v. Smith 898 So. 2d 1137 · 1D05-0614 · 1st DCA 2005
· cited by 7 in all courts
Habeas granted releasing a dependent child jailed for indirect criminal contempt after running away, because required due process procedures were not followed.
…for 21 days. [1] In the petition for writ of habeas corpus, DJJ asserts that the child was not provided with the due process required by Florida Rule of Juvenile Procedure 8.150(b) or sections 984.09(4)(b) and 985.216(4)(b), Florida Statutes (2004). There was no indication in the trial court's order that a hearing was afforded to the…
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C.M.B. v. State 2D2024-0091 · 2nd DCA 2025
…not supported by affidavits of an individual or individuals with personal knowledge of the facts. The State properly concedes error. Florida Rule of Juvenile Procedure 8.150(c)(2) provides in pertinent part: Order to Show Cause. On affidavit of any person having personal knowledge of the facts, the court may issue and…
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A.A. v. Rolle 604 So. 2d 813 · SC78142 · Florida Supreme Court 1992
· cited by 33 in all courts
…occurs when the contemptuous act is committed outside the presence of the court. See Pugliese v. Pugliese, 347 So.2d 422, 425 (Fla. 1977); Fla.R.Juv.P. 8.150(b) (setting forth the procedural rules for prosecuting indirect contempt). [4] Section 39.01(9), Florida Statutes (Supp. 1990), provides: "Child who has…
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A.A. v. State 3D17-2075 · 3rd DCA 2019
… 16 charged with contempt of court for violating a court order, the child has a right to confront witnesses at the hearing. See Fla. R. Juv. P. 8.150(5)(C). A.A.’s former foster mother, a witness adverse to A.A., gave testimony by telephone that proved to be uncertain. A.A. had a right to confront her. See…
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A.A. v. State 271 So. 3d 87 · 3D17-2075-2 · 3rd DCA 2019
· cited by 1 in all courts
…when a child is charged with contempt of court for violating a court order, the child has a right to confront witnesses at the hearing. See Fla. R. Juv. P. 8.150(5)(C). A.A.'s former foster mother, a witness adverse to A.A., gave testimony by telephone that proved to be uncertain. A.A. had a right to confront her. See …
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G.M. v. Department of Juvenile Justice 144 So. 3d 687 · 1D14-3262 · 1st DCA 2014
…Florida Rules of Juvenile Procedure contain two separate, but substantially identical, rules concerning the prosecution of indirect criminal contempt. Both rule 8.150(b) (delinquency proceedings) and rule 8.285(b) (dependency proceedings) provide that a juvenile accused of indirect criminal contempt must be provided with a…
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Sockwell v. State 123 So. 3d 585 · 2D10-6129 · 2nd DCA 2012
· cited by 2 in all courts
…error apparently did not result in confusion in this case. The order also states that the contempt proceeding will be conducted pursuant to Florida Rule of Juvenile Procedure 8.150. This is the contempt rule applicable to juvenile delinquency proceedings, which would appear to have no application in this context.
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May v. State 623 So. 2d 601 · 2D90-02346 · 2nd DCA 1993
· cited by 7 in all courts
…insufficiency of the evidence to support his conviction for contempt. Reversed. SCHOONOVER, A.C.J., and BLUE, J., concur. NOTES [1] Renumbered as new Rule 8.150 and amended May 9, 1991, effective July 1, 1991 ( 589 So.2d 818 ).
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Department of Health & Rehabilitative Services v. State 599 So. 2d 123 · 5D91-2269TO91-2273 · 5th DCA 1992
· cited by 6 in all courts
…had reason to believe the accused would not appear in response to the order to show cause. Fla.R.Juv.P. 8.280(c). The new rule is essentially the same. Fla.R.Juv.P. 8.150(b)(3). In light of our interpretation of the detention scheme in chapter 39, we agree with the state that HRS has not established that the lower court's orders…
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In re Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms SC22-1 · Florida Supreme Court 2022
…by any appropriate electronic method. (e)-(f) [No Change] Committee Notes [No Change] RULE 8.150. CONTEMPT (a) [No Change] (b) Direct Contempt. After a hearing, a contempt may be punished immediately if the court saw or heard the…
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In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012
· cited by 12 in all courts
…[No Change] F.HEARINGS RULE 8.100.-RULE 8.120. [No Change] G.RELIEF FROM ORDERS AND JUDGMENTS RULE 8.130.-RULE 8.145. [No Change] H.CONTEMPT RULE 8.150. [No Change] I.GENERAL PROVISIONS RULE 8.160.-RULE 8.185. [No Change] PART HILL DEPENDENCY AND TERMINATION OF PARENTAL RIGHTS PROCEEDINGS A. GENERAL…
No opinion cites this provision by number.
Cited as rule 8.150 under earlier numbering (11)
These opinions cite a rule numbered 8.150 before that number meant this rule: before the rules were renumbered on July 1, 1991. They are about a different rule.
- In re Petition of Florida Bar SC76669 · Florida Supreme Court 1991
- C.S. v. Brown DCA89-2859 · District Court of Appeal 1989
- Petition of Fla. Bar, Rules of Juv. Proc. SC65103 · Florida Supreme Court 1984
- G.D.W. v. State DCA80-383AND80-1131 · District Court of Appeal 1981
- G.D.W. v. State 2D80-383AND80-1131 · 2nd DCA 1981
- In re Florida Rules of Juvenile Procedure SC57735-2 · Florida Supreme Court 1980
- Collins v. State DCA78-2106/T4-226 · District Court of Appeal 1980
- Miller v. State DCAJJ-26 · District Court of Appeal 1978
- State ex rel. Stromer v. Rowley DCAJJ-326 · District Court of Appeal 1978
- Florida Bar SC48946 · Florida Supreme Court 1977
- In re Transition Rule II SC42980 · Florida Supreme Court 1972
0 admin code rules cite Rule 8.150
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites Rule 8.150.
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(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.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 2016-02-11 Amended · 184 So.3d 1116
- Eff. 1991-07-01 Amended · 589 So.2d 818