RULE 3.700. SENTENCE DEFINED; PRONOUNCEMENT AND
ENTRY; SENTENCING JUDGE

(a) Sentence Defined. The term sentence means the
pronouncement by the court of the penalty imposed on a defendant
for the offense of which the defendant has been adjudged guilty.

(b) Pronouncement and Entry. Every sentence or other
final disposition of the case shall be pronounced in open court,
including, if available at the time of sentencing, the amount of jail
time credit the defendant is to receive. The final disposition of every
case shall be entered in the minutes in courts in which minutes are
kept and shall be docketed in courts that do not maintain minutes.

(c) Sentencing Judge.

(1) Noncapital Cases. In any case, other than a capital
case, in which it is necessary that sentence be pronounced by a
judge other than the judge who presided at trial or accepted the
plea, the sentencing judge shall not pass sentence until the judge
becomes acquainted with what transpired at the trial, or the facts,
including any plea discussions, concerning the plea and the offense.
(2) Capital Cases. In any capital case in which it is
necessary that sentence be pronounced by a judge other than the
judge who presided at the capital trial, the sentencing judge shall
conduct a new sentencing proceeding before a jury prior to passing
sentence.

Committee Notes

1968 Adoption. This rule is a revamped version of section
921.05, Florida Statutes.

1972 Amendment. Subdivisions (a) and (b) are substantially
the same as in former rule. Subdivision (c) was added to emphasize
that the sentencing procedure should be conducted by the trial
judge or the judge taking the plea. The rule makes provision for
emergency situations when such judge is unavailable.