RULE 3.781. SENTENCING HEARING TO CONSIDER THE
IMPOSITION OF A LIFE SENTENCE FOR
JUVENILE OFFENDERS

(a) Application. The courts shall use the following
procedures in sentencing a juvenile offender for an offense which
was committed after July 1, 2014, if the conviction may result in a
sentence of life imprisonment or a term of years equal to life
imprisonment, or for resentencing any juvenile offender whose
sentence is determined to be unconstitutional pursuant to the
United States Supreme Court’s decision in Miller v. Alabama, 132 S.
Ct. 2455, 2469 (2012) or Graham v. Florida, 560 U.S. 48 (2010).

(b) Procedure; Evidentiary Hearing. After a determination
of guilt for an offense punishable under sections 775.082(1)(b),
775.082(3)(a)5., 775.082(3)(b)2., or 775.082(3)(c), Florida Statutes,
and after the examination of any presentence reports, the
sentencing court shall order a sentencing hearing to be held
pursuant to rules 3.720 and 3.721. The sentencing court shall
allow the state and the juvenile offender to present evidence
relevant to the offense, the juvenile offender’s youth, and attendant
circumstances, including, but not limited to those enumerated in
section 921.1401(2), Florida Statutes. Additionally, the court shall
allow the state and the juvenile offender to present evidence
relevant to whether or not the juvenile offender killed, intended to
kill, or attempted to kill the victim.

(c) Findings.

(1) The court shall make specific findings on the record
that all relevant factors have been reviewed and considered by the
court prior to imposing a sentence of life imprisonment or a term of
years equal to life imprisonment. The court shall make written
findings as to whether the juvenile offender is eligible for a sentence
review hearing under sections 921.1402(2)(a), (2)(b), or (2)(c),
Florida Statutes, based on whether the juvenile offender killed,
attempted to kill, or intended to kill the victim. If the juvenile
offender is found eligible for a sentence review hearing, the court
shall issue a written order specifying:

(A) which subsection of section 921.1402(2),
Florida Statutes, applies;

(B) when the juvenile offender is eligible to apply
for a sentence review hearing; and

(C) that subsection 921.1402(3), Florida Statutes,
required the Department of Corrections to notify the juvenile
offender when he or she will be eligible to apply for a sentence
review hearing.

(2) A juvenile offender who is convicted of an offense
punishable under section 775.082(1)(b)1., Florida Statutes, shall
not be eligible for a sentence review hearing if the trial court finds
that the juvenile offender has previously been convicted of one of
the enumerated offenses, or conspiracy to commit one of the
enumerated offenses, found in section 921.1402(2)(a), Florida
Statutes.

(3) A copy of the written findings shall be made a part
of the commitment packet for the Department of Corrections.