Florida Rule of Criminal Procedure 3.713
RULE 3.713. PRESENTENCE INVESTIGATION DISCLOSURE:
PARTIES
(a) The trial judge may disclose any of the contents of the
presentence investigation to the parties prior to sentencing. Any
information so disclosed to one party shall be disclosed to the
opposing party.
(b) The trial judge shall disclose all factual material,
including but not limited to the defendant’s education, prior
occupation, prior arrests, prior convictions, military service, and the
like, to the defendant and the state a reasonable time prior to
sentencing. If any physical or mental evaluations of the defendant
have been made and are to be considered for the purposes of
sentencing or release, such reports shall be disclosed to counsel for
both parties.
(c) On motion of the defendant or the prosecutor or on its
own motion, the sentencing court may order the defendant to
submit to a mental or physical examination that would be relevant
to the sentencing decision. Copies of the examination or any other
examination to be considered for the purpose of sentencing shall be
disclosed to counsel for the parties subject to the limitation of rule
3.713(b).
Committee Notes
1972 Adoption. This rule represents a compromise between
the philosophy that presentence investigations should be fully
disclosed to a defendant and the objection that such disclosure
would dry up sources of confidential information and render such
report virtually useless. (a) gives the trial judge discretion to
disclose any or all of the report to the parties. (b) makes mandatory
the disclosure of factual and physical and mental evaluation
material only. In this way, it is left to the discretion of the trial judge
to disclose to a defendant or defendant’s counsel any other
evaluative material. The judicial discretion should amply protect the
confidentiality of those sources who do not wish to be disclosed,
while the availability of all factual material will permit the defendant
to discover and make known to the sentencing court any errors that
may appear in the report.
PARTIES
(a) The trial judge may disclose any of the contents of the
presentence investigation to the parties prior to sentencing. Any
information so disclosed to one party shall be disclosed to the
opposing party.
(b) The trial judge shall disclose all factual material,
including but not limited to the defendant’s education, prior
occupation, prior arrests, prior convictions, military service, and the
like, to the defendant and the state a reasonable time prior to
sentencing. If any physical or mental evaluations of the defendant
have been made and are to be considered for the purposes of
sentencing or release, such reports shall be disclosed to counsel for
both parties.
(c) On motion of the defendant or the prosecutor or on its
own motion, the sentencing court may order the defendant to
submit to a mental or physical examination that would be relevant
to the sentencing decision. Copies of the examination or any other
examination to be considered for the purpose of sentencing shall be
disclosed to counsel for the parties subject to the limitation of rule
3.713(b).
Committee Notes
1972 Adoption. This rule represents a compromise between
the philosophy that presentence investigations should be fully
disclosed to a defendant and the objection that such disclosure
would dry up sources of confidential information and render such
report virtually useless. (a) gives the trial judge discretion to
disclose any or all of the report to the parties. (b) makes mandatory
the disclosure of factual and physical and mental evaluation
material only. In this way, it is left to the discretion of the trial judge
to disclose to a defendant or defendant’s counsel any other
evaluative material. The judicial discretion should amply protect the
confidentiality of those sources who do not wish to be disclosed,
while the availability of all factual material will permit the defendant
to discover and make known to the sentencing court any errors that
may appear in the report.