Background
Bowen Kou directly appealed a post-judgment contempt order entered by the Circuit Court for Lake County. The underlying monetary judgment awarded the Florida Republican Senatorial Campaign Committee, Inc., and Ben Albritton fees and costs under section 768.295, Florida Statutes, Florida’s anti-SLAPP statute.
The contempt order threatened Kou with incarceration unless he posted a bond or deposited the full amount of the judgment into the court registry. Kou argued that the trial court lacked authority to use contempt to compel payment in that manner.
The Court’s Holding
The Fifth District agreed and reversed. Article I, section 11 of the Florida Constitution prohibits imprisonment for debt except in cases of fraud, and Florida courts do not permit contempt to enforce ordinary monetary judgments that do not involve child support or alimony. A court cannot transform a general payment obligation into a contempt-enforceable duty merely by directing the debtor to perform a specific act.
The trial court therefore could not threaten incarceration to enforce the anti-SLAPP fee-and-cost judgment. It also could not compel Kou to post a bond under Florida Rule of Appellate Procedure 9.310 or deposit the judgment amount into the court registry under Florida Rule of Civil Procedure 1.600 because neither rule makes those measures compulsory.
Key Takeaways
- Contempt cannot be used to enforce an ordinary monetary judgment by threatening the debtor with incarceration.
- An award of fees and costs under Florida’s anti-SLAPP statute remains subject to the state constitution’s prohibition against imprisonment for debt.
- Rules permitting an appellate bond or a deposit into the court registry do not authorize a court to compel either measure through contempt.
Why It Matters
The decision limits post-judgment enforcement tools in Florida by confirming that courts may not use contempt to convert a civil debt into an incarceration-backed command. Judgment creditors seeking to collect statutory fees and costs must rely on lawful judgment-enforcement procedures rather than compulsory bonding, registry deposits, or imprisonment threats.