RULE 3.203. DEFENDANT’S INTELLECTUAL DISABILITY AS A
BAR TO IMPOSITION OF THE DEATH PENALTY

(a) Scope. This rule applies in all first-degree murder cases
in which the state attorney has not waived the death penalty on the
record and the defendant’s intellectual disability becomes an issue.

(b) Definition of Intellectual Disability. As used in this
rule, the term “intellectual disability” means significantly
subaverage general intellectual functioning existing concurrently
with deficits in adaptive behavior and manifested during the period
from conception to age 18. The term “significantly subaverage
general intellectual functioning,” for the purpose of this rule, means
performance that is 2 or more standard deviations from the mean
score on a standardized intelligence test authorized by the
Department of Children and Families in rule 65G-4.011 of the
Florida Administrative Code. The term “adaptive behavior,” for the
purpose of this rule, means the effectiveness or degree with which
an individual meets the standards of personal independence and
social responsibility expected of his or her age, cultural group, and
community.

(c) Motion for Determination of Intellectual Disability as
a Bar to Execution; Contents; Procedures.

(1) A defendant who intends to raise intellectual
disability as a bar to execution shall file a written motion to
establish intellectual disability as a bar to execution with the court.

(2) The motion shall state that the defendant is
intellectually disabled and, if the defendant has been tested,
evaluated, or examined by 1 or more experts, the names and
addresses of the experts. Copies of reports containing the opinions
of any experts named in the motion shall be attached to the motion.
The court shall appoint an expert chosen by the state attorney if the
state attorney so requests. The expert shall promptly test, evaluate,
or examine the defendant and shall submit a written report of any
findings to the parties and the court.

(3) If the defendant has not been tested, evaluated, or
examined by 1 or more experts, the motion shall state that fact and
the court shall appoint 2 experts who shall promptly test, evaluate,
or examine the defendant and shall submit a written report of any
findings to the parties and the court.

(4) Attorneys for the state and defendant may be
present at the examinations conducted by court-appointed experts.

(5) If the defendant refuses to be examined or fully
cooperate with the court appointed experts or the state’s expert, the
court may, in the court’s discretion:
(A) order the defense to allow the court-appointed
experts to review all mental health reports, tests, and evaluations
by the defendant’s expert;

(B) prohibit the defense experts from testifying
concerning any tests, evaluations, or examinations of the defendant
regarding the defendant’s intellectual disability; or

(C) order such relief as the court determines to be
appropriate.

(d) Time for filing Motion for Determination of
Intellectual Disability as a Bar to Execution. The motion for a
determination of intellectual disability as a bar to execution shall be
filed not later than 90 days prior to trial, or at such time as is
ordered by the court.

(e) Hearing on Motion to Determine Intellectual
Disability. The circuit court shall conduct an evidentiary hearing
on the motion for a determination of intellectual disability. At the
hearing, the court shall consider the findings of the experts and all
other evidence on the issue of whether the defendant is
intellectually disabled. The court shall enter a written order
prohibiting the imposition of the death penalty and setting forth the
court’s specific findings in support of the court’s determination if
the court finds that the defendant is intellectually disabled as
defined in subdivision (b) of this rule. The court shall stay the
proceedings for 30 days from the date of rendition of the order
prohibiting the death penalty or, if a motion for rehearing is filed,
for 30 days following the rendition of the order denying rehearing,
to allow the state the opportunity to appeal the order. If the court
determines that the defendant has not established intellectual
disability, the court shall enter a written order setting forth the
court’s specific findings in support of the court’s determination.

(f) Waiver. A claim authorized under this rule is waived if
not filed in accord with the time requirements for filing set out in
this rule, unless good cause is shown for the failure to comply with
the time requirements.
(g) Finding of Intellectual Disability; Order to Proceed. If,
after the evidence presented, the court is of the opinion that the
defendant is intellectually disabled, the court shall order the case to
proceed without the death penalty as an issue.

(h) Appeal. An appeal may be taken by the state if the court
enters an order finding that the defendant is intellectually disabled,
which will stay further proceedings in the trial court until a decision
on appeal is rendered. Appeals are to proceed according to Florida
Rule of Appellate Procedure 9.140(c).

(i) Motion to Establish Intellectual Disability as a Bar to
Execution; Stay of Execution. The filing of a motion to establish
intellectual disability as a bar to execution shall not stay further
proceedings without a separate order staying execution.