Fla. R. Crim. P. 3.711 · X. CONDUCT OF TRIAL; JURY INSTRUCTIONS
PRESENTENCE REPORT: WHEN PREPARED
Text — October 1, 2026 edition
(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.
Notes and commentary — not rule text
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.
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 302)
- Text hash
- sha256 16ddad574e8abdc796f66e5bb700f8da127a439eedc85cd04d8119332a602ac6
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- compose_book.py 2026-10-03: pypdfium2 primary, PyMuPDF check, PDF bookmarks as the inventory
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.