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Florida Rules of Criminal Procedure RCRP Rule 3.720. Sentencing Hearing

Current as of January 01, 2025 | Updated by Findlaw Staff

As soon as practicable after the determination of guilt and after the examination of any presentence reports, the sentencing court shall order a sentencing hearing. At the hearing:

(a) The court shall inform the defendant of the finding of guilt against the defendant and of the judgment and ask the defendant whether there is any legal cause to show why sentence should not be pronounced. The defendant may allege and show as legal cause why sentence should not be pronounced only:

(1) that the defendant is insane;

(2) that the defendant has been pardoned of the offense for which he or she is about to be sentenced;

(3) that the defendant is not the same person against whom the verdict or finding of the court or judgment was rendered; or

(4) if the defendant is a woman and sentence of death is to be pronounced, that she is pregnant.

(b) The court shall entertain submissions and evidence by the parties that are relevant to the sentence.

(c) In cases where guilt was determined by plea, the court shall inform itself, if not previously informed, of the existence of plea discussions or agreements and the extent to which they involve recommendations as to the appropriate sentence.

(d)(1) The court must address imposition of fees and costs pursuant to section 938.29, Florida Statutes. Judgment must be entered against the defendant in the amount of such fees and costs imposed. The court must give notice of, and afford the defendant an opportunity to contest, any amounts exceeding the statutory minimum.

(2) If the defendant requests a hearing to contest the amount of the fees and costs exceeding the statutory minimum, the court must set a hearing date within 30 days of sentencing.

(e) At the sentencing hearing, the court must make a determination if restitution is applicable. The amount and method of restitution is to be determined as provided by law. Copies of the restitution order shall be provided to the defendant, attorney for the defendant, state attorney, and victim.

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Cite this article: FindLaw.com - Florida Rules of Criminal Procedure RCRP Rule 3.720. Sentencing Hearing - last updated January 01, 2025 | https://codes.findlaw.com/fl/florida-rules-of-criminal-procedure/fl-st-rcrp-rule-3-720/

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