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FL · rules

Fla. R. Crim. P. 3.812

Hearing on Insanity at Time of Execution: Capital Cases

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

(a) Hearing on Insanity to Be Executed. The hearing on

the prisoner’s insanity to be executed shall not be a review of the

governor’s determination, but shall be a hearing de novo.

(b) Issue at Hearing. At the hearing the issue shall be

whether the prisoner presently meets the criteria for insanity at

time of execution, that is, whether the prisoner lacks the mental

capacity to understand the fact of the pending execution and the

reason for it.

(c) Procedure. The court may do any of the following as may

be appropriate and adequate for a just resolution of the issues

raised:

(1) require the presence of the prisoner at the hearing;

(2) appoint no more than 3 disinterested mental health

experts to examine the prisoner with respect to the criteria for

insanity to be executed and to report their findings and conclusions

to the court; or

(3) enter such other orders as may be appropriate to

effectuate a speedy and just resolution of the issues raised.

(d) Evidence. At hearings held pursuant to this rule, the

court may admit such evidence as the court deems relevant to the

issues, including but not limited to the reports of expert witnesses,

and the court shall not be strictly bound by the rules of evidence.

(e) Order. If, at the conclusion of the hearing, the court shall

find, by clear and convincing evidence, that the prisoner is insane

to be executed, the court shall enter its order continuing the stay of

the death warrant; otherwise, the court shall deny the motion and

enter its order dissolving the stay of execution.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
d126cd5f7e723f1e3d3c73f4a773d66a688bf878233bd8273aab6b56a97472b6
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