B.P., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, ET AL., RESPONDENTS
DIAMANTIS, Judge.
B.P. petitions for a writ of habeas corpus, contending that he can not be punished for indirect criminal contempt by incarceration in the juvenile detention center for his failure to comply with a court order. B.P. argues that section 39.043(1) of the Florida Statutes (1990) prohibits the use of a secure detention facility as a sanction for contempt, relying upon T.D.L. v. Chinault, 570 So. 2d 1335 (Fla. 2d DCA 1990). We reject this argument and deny the petition for writ of habeas corpus. See A.A. v. Rolle, 580 So. 2d 282 (Fla. 3d DCA 1991). See also In the Interest of T.S., 585 So. 2d 498 (Fla. 1st DCA 1991); In the Interest of R.A., 575 So. 2d 807 (Fla. 4th DCA 1991). We certify conflict with Chinault.
Petition Denied.
COBB and COWART, JJ., concur.
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S.J. v. State, 596 So. 2d 1181 (Fla. 5th DCA 1992)…lation of Chapter 893. See § 39.-044(2)(d)l, Fla.Stat. (1991). This court held that a juvenile who fails to comply with a court order may be punished for indirect criminal contempt by incarceration in a juvenile detention center. See B.P. v. State, 588 So. 2d 39 (Fla. 5th DCA 1991). However, that case involves the proper punishment of a juvenile found in contempt, not the proper placement of a juvenile awaiting a contempt hearing. See also A.A. v. Rolle, 580 So. 2d 282 (Fla. 3d DCA 1991) (trial court did no…
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Dep't of Health & Rehabilitative Servs. v. State, 599 So. 2d 123 (Fla. 5th DCA 1992)…42 is broad (“All [*125] determinations and court orders regarding the use of secure, non-secure or home de-tention_”), its reach is more limited. It would not logically be applicable in contempt cases. § 39.044(10), Fla.Stat. (1990); B.P. v. State, 588 So. 2d 39 (Fla. 5th DCA 1991). Chapter 39 is a difficult piece of legislation. It does appear the legislature intended that when a juvenile is initially taken into custody by law enforcement, HRS must research and compile, in a useful format, information per…1 / 3
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J.E.S. v. State, 593 So. 2d 1131 (Fla. 5th DCA 1992)…PER CURIAM. AFFIRMED on the authority of B.P. v. State, 588 So. 2d 39 (Fla. 5th DCA 1991). GOSHORN, C.J., and COBB and COWART, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- T.D.L. v. Chinault, 570 So. 2d 1335 (Fla. 2d DCA 1990)
- Nu-Med Lake, Inc. v. Dep't OF Revenue, 580 So. 2d 282 (Fla. 1st DCA 1991)
- In the Interest of T.S., 585 So. 2d 498 (Fla. 1st DCA 1991)
- Whitesides v. Whitesides, 585 So. 2d 498 (Fla. 3d DCA 1991)
- In the Interest of R.A., 575 So. 2d 807 (Fla. 4th DCA 1991)