RULE 3.720. SENTENCING HEARING

As soon as practicable after the determination of guilt and
after the examination of any presentence reports, the sentencing
court shall order a sentencing hearing. At the hearing:

(a) The court shall inform the defendant of the finding of
guilt against the defendant and of the judgment and ask the
defendant whether there is any legal cause to show why sentence
should not be pronounced. The defendant may allege and show as
legal cause why sentence should not be pronounced only:

(1) that the defendant is insane;

(2) that the defendant has been pardoned of the offense
for which he or she is about to be sentenced;

(3) that the defendant is not the same person against
whom the verdict or finding of the court or judgment was rendered;
or

(4) if the defendant is a woman and sentence of death
is to be pronounced, that she is pregnant.
(b) The court shall entertain submissions and evidence by
the parties that are relevant to the sentence.

(c) In cases where guilt was determined by plea, the court
shall inform itself, if not previously informed, of the existence of
plea discussions or agreements and the extent to which they involve
recommendations as to the appropriate sentence.

(d) (1) The court must address imposition of fees and costs
pursuant to section 938.29, Florida Statutes. Judgment must be
entered against the defendant in the amount of such fees and costs
imposed. The court must give any notice of, and afford the
defendant an opportunity to contest, any amounts exceeding the
statutory minimum.

(2) If the defendant requests a hearing to contest the
amount of the fees and costs exceeding the statutory minimum, the
court must set a hearing date within 30 days of sentencing.

(e) At the sentencing hearing, the court must make a
determination if restitution is applicable. The amount and method
of restitution is to be determined as provided by law. Copies of the
restitution order shall be provided to the defendant, attorney for the
defendant, state attorney, and victim.

Committee Notes

1968 Adoption (of Rule 3.730). A revamped version of
section 921.08, Florida Statutes.

1972 Amendment. 3.720(a): Substantially the same as former