Florida Rule of Criminal Procedure 3.181
RULE 3.181. NOTICE TO SEEK DEATH PENALTY
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.
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).
V. PRETRIAL MOTIONS AND DEFENSES
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.
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).
V. PRETRIAL MOTIONS AND DEFENSES