Civil Contempt Under Florida Law
This article provides a brief overview of civil contempt under Florida law. Civil contempt consists of failing to do something that a court or judge in a civil case has ordered for the benefit of the opposing party in the case. Ducksworth v. Boyer, 125 So. 2d 844 (Fla. 1960). “The primary purpose of a civil contempt proceeding is to compel compliance with a court order, not to punish.” Akridge v. Crow, 903 So. 2d 346, 351 (Fla. 2d DCA 2005) (emphasis added). “An essential finding to support contempt is the party’s intent to violate the court order at issue.” Merrill Lynch Trust Co. v. Alzheimer’s Lifeliners Ass’n, 832 So. 2d 948, 954 (Fla. 2d DCA 2002).
“A person facing civil contempt sanctions is not entitled to the ‘full panoply’ of due process rights afforded a person facing indirect criminal contempt charges.” Akridge, 903 So. 2d at 350 (citation omitted). “However, he or she is entitled to a proceeding that meets the fundamental fairness requirements of the due process clause of the Fourteenth Amendment to the United States Constitution.” Id. “Such fundamental fairness includes notice and an opportunity to be heard.” Id.
Additionally, “[a] party may be held in contempt only where the court has determined that the violation of the court order was willful and makes an express finding that there is an ability to comply.” Dep’t of Children & Families v. M.M., 855 So. 2d 1250, 1251 (Fla. 4th DCA 2003) (emphasis added). “The key safeguard in civil contempt proceedings is a finding by the trial court that the contemnor has the ability to purge the contempt.” Akridge, 903 So. 2d at 351. In other words, civil contempt “is coercive in nature and avoidable through obedience.” JPG Enters. v. Viterito, 841 So. 2d 528, 530 (Fla. 4th DCA 2003).
Importantly, “a civil contempt fine must be supported by evidence of an injured party’s actual loss.” JPG Enters., 841 So. 2d at 530. Further, “[i]t is well-settled that incarceration cannot be used as a means of obtaining compliance with a court order in a civil contempt proceeding without first making an affirmative finding that the person has the present ability to comply with that order.” Bresch v. Henderson, 761 So. 2d 449, 450 (Fla. 2d DCA 2000) (citation omitted). “In the absence of such a finding, a coercive civil sanction is transformed into a criminal punishment which has been imposed in violation of the alleged contemnor’s constitutional rights.” Id. (citation omitted).