Fla. R. Crim. P. 3.203

(a) Scope. This rule applies in all cases in which a defendant

is convicted of a crime punishable by death, the state attorney has

not waived the death penalty on the record, and the defendant’s

intellectual disability becomes an issue.

(b) Definition of Intellectual Disability. As used in this

rule, the term “intellectual disability” means significantly

subaverage general intellectual functioning existing concurrently

with deficits in adaptive behavior and manifested during the period

from conception to age 18. The term “significantly subaverage

general intellectual functioning,” for the purpose of this rule, means

performance that is 2 or more standard deviations from the mean

score on a standardized intelligence test authorized by the

Department of Children and Families in rule 65G-4.011 of the

Florida Administrative Code. The term “adaptive behavior,” for the

purpose of this rule, means the effectiveness or degree with which

an individual meets the standards of personal independence and

social responsibility expected of his or her age, cultural group, and

community.

(c) Motion for Determination of Intellectual Disability as

a Bar to Execution; Contents; Procedures.

(1) A defendant who intends to raise intellectual

disability as a bar to execution must file a written motion to

establish intellectual disability as a bar to execution with the court.

(2) The motion must state that the defendant is

intellectually disabled and, if the defendant has been tested,

evaluated, or examined by 1 or more experts, the names and

addresses of the experts. Reports containing the opinions of any

experts named in the motion must be attached to the motion. The

court must appoint an expert chosen by the state attorney if the

state attorney so requests. The expert must promptly test, evaluate,

or examine the defendant and must submit a written report of any

findings to the parties and the court.

(3) If the defendant has not been tested, evaluated, or

examined by 1 or more experts, the motion must state that fact and

the court must appoint 2 experts who must promptly test, evaluate,

or examine the defendant and must submit a written report of any

findings to the parties and the court.

(4) Attorneys for the state and defendant may be

present at the examinations conducted by court-appointed experts.

(5) If the defendant refuses to be examined or fully

cooperate with the court appointed experts or the state’s expert, the

court may, in the court’s discretion:

(A) order the defense to allow the court-appointed

experts to review all mental health reports, tests, and evaluations

by the defendant’s expert;

(B) prohibit the defense experts from testifying

concerning any tests, evaluations, or examinations of the defendant

regarding the defendant’s intellectual disability; or

(C) order such relief as the court determines to be

appropriate.

(d) Time for filing Motion for Determination of

Intellectual Disability as a Bar to Execution. The motion for a

determination of intellectual disability as a bar to execution must

be filed not later than 90 days before trial, or at such time as is

ordered by the court.

(e) Hearing on Motion to Determine Intellectual

Disability. The circuit court must conduct an evidentiary hearing

on the motion for a determination of intellectual disability. At the

hearing, the court must consider the findings of the experts and all

other evidence on the issue of whether the defendant is

intellectually disabled. The court must enter a written order

prohibiting the imposition of the death penalty and setting forth the

court’s specific findings in support of the court’s determination if

the court finds that the defendant is intellectually disabled as

defined in subdivision (b) of this rule. The court must stay the

proceedings for 30 days from the date of rendition of the order

prohibiting the death penalty or, if a motion for rehearing is filed,

for 30 days following the rendition of the order denying rehearing,

to allow the state the opportunity to appeal the order. If the court

determines that the defendant has not established intellectual

disability, the court must enter a written order setting forth the

court’s specific findings in support of the court’s determination.

(f) Waiver. A claim authorized under this rule is waived if

not filed in accord with the time requirements for filing set out in

this rule, unless good cause is shown for the failure to comply with

the time requirements.

(g) Finding of Intellectual Disability; Order to Proceed. If,

after the evidence presented, the court is of the opinion that the

defendant is intellectually disabled, the court must order the case

to proceed without the death penalty as an issue.

(h) Appeal. An appeal may be taken by the state if the court

enters an order finding that the defendant is intellectually disabled,

which will stay further proceedings in the trial court until a decision

on appeal is rendered. Appeals are to proceed according to Florida

Rule of Appellate Procedure 9.140(c).

(i) Motion to Establish Intellectual Disability as a Bar to

Execution; Stay of Execution. The filing of a motion to establish

intellectual disability as a bar to execution will not stay further

proceedings without a separate order staying execution.