RULE 3.770. PROCEDURE WHEN PREGNANCY IS ALLEGED AS
CAUSE FOR NOT PRONOUNCING DEATH
SENTENCE

When pregnancy of a defendant is alleged as the cause for not
pronouncing the death sentence, the court shall postpone the
pronouncement of sentence until after it has decided the truth of
that allegation. If necessary in order to arrive at such a decision, it
shall immediately fix a time for a hearing to determine whether the
defendant is pregnant and shall appoint not exceeding 3 competent
disinterested physicians to examine the defendant as to the
defendant’s alleged pregnancy and to testify at the hearing as to
whether the defendant is pregnant. Other evidence regarding
whether the defendant is pregnant may be introduced at the
hearing by either party. If the court decides that the defendant is
not pregnant, it shall proceed to pronounce sentence. If it decides
that the defendant is pregnant, it shall commit the defendant to
prison until it appears that the defendant is not pregnant and shall
then pronounce sentence.

Committee Notes

1968 Adoption. A revamped version of section 921.12, Florida
Statutes.

Note that the rule omits the statutory provisions for the
payment of fees to the examining physicians. The supreme court
probably does not have the power to make rules governing such
matters.

1972 Amendment. Same as prior rule.