RULE 3.710. PRESENTENCE REPORT

(a) Cases In Which Court Has Discretion. In all cases in
which the court has discretion as to what sentence may be
imposed, the court may refer the case to the Department of
Corrections for investigation and recommendation. No sentence or
sentences other than probation or the statutorily required
mandatory minimum may be imposed on any defendant found
guilty of a first felony offense or found guilty of a felony while under
the age of 18 years, until after such investigation has first been
made and the recommendations of the Department of Corrections
received and considered by the sentencing judge. The requirements
of this subdivision are not applicable to a subsequent violation of
probation proceeding.

(b) Capital Defendant Who Refuses To Present Mitigation
Evidence. Should a defendant in a capital case choose not to
challenge the death penalty and refuse to present mitigation
evidence, the court shall refer the case to the Department of
Corrections for the preparation of a presentence report. The report
shall be comprehensive and should include information such as
previous mental health problems (including hospitalizations), school
records, and relevant family background.

Committee Notes

1972 Adoption. The rule provides for the utilization of a pre-
sentence report as part of the sentencing process. While use of the
report is discretionary in all cases, it is mandatory in two instances,
the sentencing of a first felony offender and of a defendant under 18
years of age. Of course, no report is necessary where the specific
sentence is mandatory, e.g., the sentence of death or life
imprisonment in a verdict of first degree murder.

1988 Amendment. This amendment changes wording to
conform with current responsibility of the Department of
Corrections to prepare the presentence investigation and report.

2004 Amendment. The amendment adds subdivision (b).
Section 948.015, Florida Statutes, is by its own terms inapplicable
to those cases described in this new subdivision. Nonetheless,
subdivision (b) requires a report that is “comprehensive.”
Accordingly, the report should include, if reasonably available, in
addition to those matters specifically listed in Muhammad v. State,
782 So. 2d 343, 363 (Fla. 2000), a description of the status of all of
the charges in the indictment as well as any other pending offenses;
the defendant’s medical history; and those matters listed in sections
948.015 (3)–(8) and (13), Florida Statutes. The Department of
Corrections should not recommend a sentence.
2018 Amendment. The amendment modifies subdivision (a).
The rule makes clear that a report is not required prior to
sentencing in violation of probation proceedings following the ruling
in Barber v. State, 293 So. 2d 710 (Fla. 1974).