IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.830
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The Florida Supreme Court adopted amendments to Florida Rule of Criminal Procedure 3.830 governing direct criminal contempt proceedings. The amendments reorganize the rule into numbered subdivisions and require that judgments of guilt include documentation of compliance with five procedural requirements.
The Court adopted the Committee's proposed amendments with slight modification, reorganizing Rule 3.830 into numbered subdivisions and requiring that judgments of guilt include a recital of facts and confirmation of compliance with the five procedural requirements of the rule.
[1] A criminal contempt may be punished summarily only if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court.
[2] A court adjudicating direct criminal contempt must strictly comply with specific procedural requirements.
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Join FLexlaw to unlock all legal intelligence“A criminal contempt may be punished summarily only if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court.”
Establishes the foundational requirement for summary criminal contempt punishment, emphasized by adding 'only' to strengthen the restriction.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Criminal Procedure Rules Committee proposed amendments to Rule 3.830 following a court referral requesting consideration of whether …
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PER CURIAM.
This matter is before the Court for consideration of proposed amendments to Florida Rule of Criminal Procedure 3.830. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(f).
The Florida Bar’s Criminal Procedure Rules Committee (Committee) filed a report proposing amendments to Florida Rule of Criminal Procedure 3.830 (Direct Criminal Contempt). The Committee’s proposal follows a referral by the Court, requesting that the Committee consider whether the rule should require that the trial court’s judgment of direct criminal contempt include documentation that the procedural steps required by the rule were followed. We adopt the Committee’s amendments to rule 3.830 with slight modification.
Rule 3.830 is reorganized. As amended, the rule is divided into numbered subdivisions. The first sentence remains as an introductory paragraph, and adds the word “only” as follows: “A criminal contempt may be punished summarily only if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court.” The second sentence, providing that “The judgment of guilt of contempt shall include a recital of those facts on which the adjudication of guilt is based,” is moved to a numbered paragraph. The introductory paragraph concludes with a new sentence, “The court shall strictly comply with the following five procedural requirements.” Next are the five numbered paragraphs with the procedural requirements that were previously included in the rule but not separately numbered. Finally, a final sentence is added as a standalone paragraph, providing that the defendant may be temporarily detained and removed to ensure the safety of the individuals in the courtroom. See Manzaro v. D’Alessandro, 283 So. 3d 335 , 337 (Fla. 4th DCA 2019) (suggesting that the Committee propose such an amendment to the rule to the Court).
Accordingly, we amend Florida Rule of Criminal Procedure 3.830 as reflected in the appendix to this opinion. New language is underscored; deleted language is stricken through. The amendments to these rules shall become effective April 1, 2021.
It is so ordered. -2-CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
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In re Amendments to Fla. Rule of Crim. Procedure 3.830, 283 So. 3d 335 (Fla. 2021)…le but not separately numbered. Finally, a final sentence is added as a standalone paragraph, providing that the defendant may be temporarily detained and removed to ensure the safety of the individuals in the courtroom. See Manzaro v. D’Alessandro, 283 So. 3d 335 , 337 (Fla. 4th DCA 2019) (suggesting that the Committee propose such an amendment to the rule to the Court). Accordingly, we amend Florida Rule of Criminal Procedure 3.830 as reflected in the appendix to this opinion. New language is underscored;…
Authorities Cited
- In re Amendments to Fla. Rule of Crim. Procedure 3.830, 283 So. 3d 335 (Fla. 2021)