Florida Statutory History · Contempt & Due Process
Statutory Analysis of Florida Statutes §§ 932.61, 932.66 & 38.23 in Contempt Proceedings
Originally published in the early 2000s Able Legal Forms archive, `/memo.htm` examined the interplay between Article V, Section 15 of the Florida Constitution and Florida Statutes §§ 932.61–932.66 and § 38.23 governing indirect criminal contempt and due-process protections. This page preserves a clear, neutral summary of those statutory provisions for legal researchers.
1. Statutory Framework: Florida Statutes §§ 38.23 and 932.61
• Section 38.23, Florida Statutes defines contempt of court as a refusal to obey any legal order, mandate, or decree made or given by any judge relative to any business of the court.
• Section 932.61, Florida Statutes addresses transfer of county or municipal charges to a court providing trial by jury when the alleged violation also constitutes a violation of state law punishable by incarceration.
2. Supreme Court Rule 10-7.2 (Indirect Criminal Contempt in UPL Cases)
In Florida, proceedings alleging indirect criminal contempt for violating an injunction against the unlicensed practice of law are governed by Rule 10-7.2 of the Rules Regulating The Florida Bar, where the Supreme Court appoints a county or circuit judge as referee to conduct a hearing, make findings of fact, and recommend disposition under constitutional standards established in Bloom v. Illinois, 391 U.S. 194 (1968).