Proposed Amendment to Rule 3.830 (Direct Criminal Contempt)
The Criminal Procedure Rules Committee invites comments on the proposed rule amendment to Rule 3.830 (Direct Criminal Contempt) in response to the court’s request anticipated to be included in a report to the Court. The full text of the proposal can be found below.
|Rule 3.830 (Direct Criminal Contempt)||24-0||In the first paragraph, adds “only” after “summarily” for greater clarification for the reader. Also, in this paragraph, deletes the second sentence so that it can be relocated as a separate subdivision. At the end of this paragraph, adds a new sentence regarding the procedure requirements.
Adds new subdivisions for greater clarity for the reader.
In the new subdivision (b), adds “informed of and” for greater clarity for the reader.
Adds a new subdivision regarding (c), which is the second sentence relocated with the addition of “, and confirm compliance with the five procedural requirement of this rule.”
To the end of the rule, adds a new paragraph regarding temporary detention to ensure safety to reflect the holding in Manzaro v. D’Alessandro, 283 So. 3d 335 (4th DCA 2019).