FL · rules
Fla. R. Crim. P. 3.713
Presentence Investigation Disclosure: Parties
(a) The trial judge may disclose any of the contents of the
presentence investigation to the parties prior to sentencing. Any
information so disclosed to one party shall be disclosed to the
opposing party.
(b) The trial judge shall disclose all factual material,
including but not limited to the defendant’s education, prior
occupation, prior arrests, prior convictions, military service, and the
like, to the defendant and the state a reasonable time prior to
sentencing. If any physical or mental evaluations of the defendant
have been made and are to be considered for the purposes of
sentencing or release, such reports shall be disclosed to counsel for
both parties.
(c) On motion of the defendant or the prosecutor or on its
own motion, the sentencing court may order the defendant to
submit to a mental or physical examination that would be relevant
to the sentencing decision. Copies of the examination or any other
examination to be considered for the purpose of sentencing shall be
disclosed to counsel for the parties subject to the limitation of rule
3.713(b).
History
Committee Notes 1972 Adoption. This rule represents a compromise between the philosophy that presentence investigations should be fully disclosed to a defendant and the objection that such disclosure would dry up sources of confidential information and render such report virtually useless. (a) gives the trial judge discretion to disclose any or all of the report to the parties. (b) makes mandatory the disclosure of factual and physical and mental evaluation material only. In this way, it is left to the discretion of the trial judge to disclose to a defendant or defendant’s counsel any other evaluative material. The judicial discretion should amply protect the confidentiality of those sources who do not wish to be disclosed, while the availability of all factual material will permit the defendant to discover and make known to the sentencing court any errors that may appear in the report.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
3786540ec327966ad86c5a764c83e583c11ae424b0b1c8f9f04beadc427a3bdd
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.