FL · rules
Fla. R. Crim. P. 3.711
Presentence Report: When Prepared
(a) Except as provided in subdivision (b), the sentencing
court shall not authorize the commencement of the presentence
investigation until there has been a finding of guilt.
(b) The sentencing court may authorize the commencement
of the presentence investigation prior to finding of guilt if:
(1) the defendant has consented to such action; and
(2) nothing disclosed by the presentence investigation
comes to the attention of the prosecution, the court, or the jury
prior to an adjudication of guilt. Upon motion of the defense and
prosecution, the court may examine the presentence investigation
prior to the entry of a plea.
History
Committee Notes 1972 Adoption. The rule permits presentence investigations to be initiated prior to finding of guilt. Its purpose is to reduce unwarranted jail time by a defendant who expects to plead guilty and who may well merit probation or commitment to facilities other than prison.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
ca0d2b4b69d8c51942459022294c8be145100effe1cb38ff9dcc139b5ce451c2
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