Fla. R. Crim. P. 3.181 · I. SCOPE, PURPOSE, AND CONSTRUCTION
NOTICE TO SEEK DEATH PENALTY
Text — October 1, 2026 edition
In a prosecution for a capital offense, if the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant of the state’s intent to seek the death penalty. The notice must be filed with the court within 45 days of arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause.
Notes and commentary — not rule text
Committee Note
2016 Amendment. This is a new rule, in response to legislation, and intended to complement Florida Rules of Criminal Procedure 3.202 (Expert Testimony of Mental Mitigation During Penalty Phase of Capital Trial; Notice and Examination by State Expert) and 3.780 (Sentencing Hearing for Capital Cases).
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/2027_04-Oct-Criminal-Procedure-Rules-10-1-2026.pdf (PDF pages 116–117)
- Text hash
- sha256 74b41b55dacd2354c03920d419adeea354e5b3dfc44a77b5ba1a4a916e93a579
- Composed by
- compose_book.py 2026-10-03: pypdfium2 primary, PyMuPDF check, PDF bookmarks as the inventory
Cited by 1 provision
Provisions in this library whose text cites Fla. R. Crim. P. 3.181. Each shows the citation as that text prints it.
Florida Rules of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.