FL · rules

Fla. R. Crim. P. 3.720

Sentencing Hearing

activein force · 2026-07-13 – presentact-effective-date

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;

(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.

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 any 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.

History

Committee Notes 1968 Adoption (of Rule 3.730). A revamped version of section 921.08, Florida Statutes. 1972 Amendment. 3.720(a): Substantially the same as former rule 3.730. 3.720(b): The defendant is to be permitted to challenge factual bases for the sentence that the defendant believes to be incorrect. When possible, submissions should be done informally, but the rule does not preclude an evidentiary hearing if it should be necessary. 3.720(c): Provides for plea discussions to be made a part of the record. 1980 Amendment. Modification of the rule by the addition of (d)(1) and (d)(2) requires a trial judge to adequately inform a defendant of the imposition of a lien for public defender services. A uniform procedure for scheduling hearings to contest liens would reduce the number of postsentence petitions from incarcerated defendants at times remote from sentencing. The procedure is designed to complete all lien requirements established by section 27.56, Florida Statutes, before defendants are removed from the jurisdiction of the trial court.

Provenance

Source: floridabar.org
Retrieved: 2026-09-14
Edition: 2026-09-14
Content hash: 795ddbdcc76c88de3d9fd7c0c6d288ab0157b00d38417aa1012d82656d7ddc03

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