In Re: Amendments to Florida Rule of Criminal Procedure 3.830 ( 2021 )

Supreme Court of Florida
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No. SC20-1102
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IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL
PROCEDURE 3.830.
January 7, 2021
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.
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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.
Original Proceedings – Florida Rules of Criminal Procedure
Honorable Angela Cote Dempsey, Chair, Criminal Procedure Rules Committee,
Tallahassee, Florida; and Joshua E. Doyle, Executive Director, and Mikalla Andies
Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
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APPENDIX
RULE 3.830. DIRECT CRIMINAL CONTEMPT
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 judgment of guilt of contempt shall include a recital of those facts
on which the adjudication of guilt is based.The court shall strictly comply with the
following five procedural requirements.
(a) Prior to the adjudication of guilt the judge shall inform the defendant
of the accusation against the defendant and inquire as to whether the defendant has
any cause to show why he or she should not be adjudged guilty of contempt by the
court and sentenced therefor.
(b) The defendantcourt shall be givenprovide the defendant the
opportunity to present evidence of excusing or mitigating circumstances.
(c) The judgment of guilt of contempt shall include a recital of those facts
on which the adjudication of guilt is based, and confirm compliance with the five
procedural requirements of this rule.
(d) The judgment shall be signed by the judge and entered of record.
(e) Sentence shall be pronounced in open court.
If necessary to ensure safety of individuals in the courtroom, the court may
order the defendant be temporarily detained and removed from the courtroom;
however once the danger to individuals in the courtroom has abated, the defendant
should be returned to the courtroom to allow for the procedures set forth in this
rule.
Committee Notes
[No changes]
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