RULE 3.986. FORMS RELATED TO JUDGMENT AND
SENTENCE

(a) Sufficiency of Forms. The forms as set forth below, or
computer generated formats that duplicate these forms, shall be
used by all courts. Variations from these forms do not void a
judgment, sentence, order, or fingerprints that are otherwise
sufficient.

(b) Form for Judgment.

Probation Violator
Community Control Violator
Retrial
Resentence

In the Circuit Court,
Judicial Circuit, in and
for
County, Florida
Division
Case Number


State of Florida

v.


Defendant

JUDGMENT

The defendant, , being personally before this court
represented
by , the attorney of record, and the state represented by
, and having
been tried and found guilty by jury/by court of the
following crime(s)

entered a plea of guilty to the following crime(s)

entered a plea of nolo contendere to the following crime(s)

Offense Degree
Statute of Case OBTS
Count Crime Number(s) Crime Number Number




and no cause being shown why the defendant should not
be adjudicated guilty, IT IS ORDERED THAT the
defendant is hereby ADJUDICATED GUILTY of the above
crime(s).

and being a qualified offender pursuant to section
943.325, Florida Statutes, the defendant shall be
required to submit DNA samples as required by law.

and good cause being shown; IT IS ORDERED THAT
ADJUDICATION OF GUILT BE WITHHELD.

DONE AND ORDERED in open court in County,
Florida, on .....(date)......


Judge
State of Florida

v.


Defendant Case Number

FINGERPRINTS OF DEFENDANT


R. Thumb R. Index R. Middle R. Ring R. Little


L. Thumb L. Index L. Middle L. Ring L. Little


Fingerprints taken by:
(Name) (Title)

I HEREBY CERTIFY that the above and foregoing fingerprints
are the fingerprints of the defendant, .....(name)....., and that they
were placed thereon by the defendant in my presence this the ____
day of _____, ..…(year)…..


Judge

[OR]

I HEREBY CERTIFY that the digital fingerprint record
associated with Transaction Control Number ______ contains the
fingerprints of the defendant, .....(name)....., which were
electronically captured from the defendant in my presence this the
____day of ___, .....(year).....


Court Officer/Court
Employee/Criminal Justice
Agency Employee
(c) Form for Charges, Costs, and Fees.

In the Circuit Court,
Judicial Circuit, in and
for
County, Florida
Division
Case Number


State of Florida

v.


Defendant

CHARGES/COSTS/FEES

The defendant is hereby ordered to pay the following sums:

[Insert list of mandatory fines, discretionary fines, and restitution, if
any.]

DONE AND ORDERED in open court in County,
Florida, on .....(date)......


Judge
(d) Form for Sentencing.

Defendant Case Number OBTS Number


SENTENCE

(As to Count )

The defendant, being personally before this court,
accompanied by the defendant’s attorney of record, , and
having been adjudicated guilty herein, and the court having given
the defendant an opportunity to be heard and to offer matters in
mitigation of sentence, and to show cause why the defendant
should not be sentenced as provided by law, and no cause being
shown,

(Check one if applicable)

and the court having on .....(date)..... deferred imposition of
sentence until this date

and the court having previously entered a judgment in this
case on .....(date)..... now resentences the defendant

and the court having placed the defendant on
probation/community control and having subsequently revoked the
defendant’s probation/community control

It Is The Sentence Of The Court That:

The defendant pay a fine of $ , pursuant to section 775.083,
Florida Statutes, plus $ as the 5% surcharge required by section
938.04, Florida Statutes.

The defendant is hereby committed to the custody of the
Department of Corrections.
The defendant is hereby committed to the custody of the
Sheriff of County, Florida

The defendant is sentenced as a youthful offender in
accordance with section 958.04, Florida Statutes.

To Be Imprisoned (check one; unmarked sections are inapplicable):

For a term of natural life.

For a term of .

Said SENTENCE SUSPENDED for a period of subject to
conditions set forth in this order.

If “split” sentence complete the appropriate paragraph

Followed by a period of on probation/community
control under the supervision of the Department of Corrections
according to the terms and conditions of supervision set forth in a
separate order entered herein.

However, after serving a period of imprisonment in
the balance of the sentence shall be suspended and the
defendant shall be placed on probation/community control for a
period of under supervision of the Department of Corrections
according to the terms and conditions of probation/community
control set forth in a separate order entered herein.

In the event the defendant is ordered to serve additional split
sentences, all incarceration portions shall be satisfied before the
defendant begins service of the supervision terms.

SPECIAL PROVISIONS
(As to Count )
[Include all findings, sentencing enhancements, and
mandatory minimum provisions, as authorized by law and
pronounced at sentencing.]

Retention of Jurisdiction

The court retains jurisdiction over the defendant
pursuant to section 947.16(4), Florida Statutes
(1983).

Jail Credit

It is further ordered that the defendant shall be
allowed a total of days as credit for time
incarcerated before imposition of this sentence.

CREDIT FOR TIME SERVED
IN RESENTENCING AFTER
VIOLATION OF PROBATION
OR COMMUNITY CONTROL

It is further ordered that the defendant be allowed
days time served between date of arrest as a violator
following release from prison to the date of
resentencing. The Department of Corrections shall
apply original jail time credit and shall compute and
apply credit for time served and unforfeited gain
time previously awarded on case/count .
(Offenses committed before October 1, 1989.)

It is further ordered that the defendant be allowed
days time served between date of arrest as a violator
following release from prison to the date of
resentencing. The Department of Corrections shall
apply original jail time credit and shall compute and
apply credit for time served on case/count .
(Offenses committed between October 1, 1989, and
December 31, 1993.)

The Court deems the unforfeited gain time
previously awarded on the above case/count
forfeited under section 948.06(7), Florida Statutes.

The Court allows unforfeited gain time previously
awarded on the above case/count. (Gain time may
be subject to forfeiture by the Department of
Corrections under section 944.28(1), Florida
Stautes.)

It is further ordered that the defendant be allowed
days time served between date of arrest as a violator
following release from prison to the date of
resentencing. The Department of Corrections shall
apply original jail time credit and shall compute and
apply credit for time served only pursuant to section
921.0017, Florida Statutes, on case/count .
(Offenses committed on or after January 1, 1994.)

Consecutive/Concurrent as to Other Counts
It is further ordered that the sentence imposed for this count shall
run (check one)
consecutive to concurrent with the sentence set forth in
count of this case.

Consecutive/Concurrent as to Other Convictions
It is further ordered that the composite term of all sentences
imposed for the counts specified in this order shall run (check one)
consecutive to concurrent with (check one) the
following:

any active sentence being served.

specific sentences:
In the event the above sentence is to the Department of
Corrections, the Sheriff of County, Florida, is hereby
ordered and directed to deliver the defendant to the Department of
Corrections at the facility designated by the department together
with a copy of this judgment and sentence and any other
documents specified by Florida Statute.

The defendant in open court was advised of the right to appeal
from this sentence by filing notice of appeal within 30 days from
this date with the clerk of this court and the defendant’s right to the
assistance of counsel in taking the appeal at the expense of the
state on showing of indigency.

In imposing the above sentence, the court further recommends




DONE AND ORDERED in open court at County,
Florida, on .....(date)......


Judge
(e) Form for Order of Probation.

In the
Court,
of County, Florida
Case Number


State of Florida

v.


Defendant

ORDER OF PROBATION

This cause coming on this day to be heard before me, and you,
the defendant, , being now present before me, and you having

(check one)

entered a plea of guilty to

entered a plea of nolo contendere to

been found guilty by jury verdict of

been found guilty by the court trying the case
without a jury of the offense(s) of




SECTION 1: Judgment Of Guilt

The Court hereby adjudges you to be guilty of the above
offense(s).
Now, therefore, it is ordered and adjudged that the imposition
of sentence is hereby withheld and that you be placed on probation
for a period of under the supervision of the Department of
Corrections, subject to Florida law.

SECTION 2: Order Withholding Adjudication

Now, therefore, it is ordered and adjudged that the
adjudication of guilt is hereby withheld and that you be placed on
probation for a period of under the supervision of the
Department of Corrections, subject to Florida law.

SECTION 3: Probation During Portion Of Sentence

It is hereby ordered and adjudged that you be

committed to the Department of Corrections

confined in the County Jail

for a term of with credit for jail time. After you have
served of the term you shall be placed on probation for a period
of under the supervision of the Department of Corrections,
subject to Florida law.

confined in the County Jail

for a term of with credit for jail time, as a special
condition of probation.

It is further ordered that you shall comply with the following
conditions of probation during the probationary period:

GENERAL CONDITIONS: [List the general conditions of
probation pursuant to section 948.03, Florida Statutes.]

SPECIAL CONDITIONS: [List the special conditions of
probation as orally pronounced and authorized by law.]
Other



(Use the space below for additional conditions as necessary.)

The court may rescind or modify at any time the terms and
conditions imposed by it upon the probationer.

It is further ordered that when you have been instructed as to
the conditions of probation, you shall be released from custody if
you are in custody, and if you are at liberty on bond, the sureties
thereon shall stand discharged from liability.

It is further ordered that the clerk of this court file this order
in the clerk’s office and provide certified copies of same to the officer
for use in compliance with the requirements of law.

DONE AND ORDERED, on .....(date)......


Judge

I acknowledge receipt of a certified copy of this order. The
conditions have been explained to me and I agree to abide by them.

.....(date)..... Probationer

Instructed by
Original: Clerk of the Court
Certified Copies: Probationer
Florida Department of
Corrections, Probation and
Parole Service
(f) Form for Community Control.

In the
Court,
of County, Florida
Case Number


State of Florida

v.


Defendant

ORDER OF COMMUNITY CONTROL

This cause coming on this day to be heard before me, and you,
the defendant, , being now present before me, and you having

(check one)

entered a plea of guilty to

entered a plea of nolo contendere to

been found guilty by jury verdict of

been found guilty by the court trying the case
without a jury of the offense(s) of




SECTION 1: Judgment of Guilt

The court hereby adjudges you to be guilty of the above
offense(s).
Now, therefore, it is ordered and adjudged that you be placed
on community control for a period of under the supervision
of the Department of Corrections, subject to Florida law.

SECTION 2: Order Withholding Adjudication

Now, therefore, it is ordered and adjudged that the
adjudication of guilt is hereby withheld and that you be placed on
Community Control for a period of under the supervision of
the Department of Corrections, subject to Florida law.

SECTION 3: Community Control During Portion Of Sentence

It is hereby ordered and adjudged that you be

committed to the Department of Corrections

confined in the County Jail

for a term of with credit for jail time. After you have
served of the term, you shall be placed on community control for
a period of under the supervision of the Department of
Corrections, subject to Florida law.

confined in the County Jail

for a term of with credit for jail time, as a special
condition of community control.

It is further ordered that you shall comply with the following
conditions of community control during the community control
period:

GENERAL CONDITIONS: [List the general conditions of
community control pursuant to section 948.101, Florida Statutes.]

SPECIAL CONDITIONS: [List the special conditions of
community control as orally pronounced and authorized by law.]

The court may rescind or modify at any time the terms and
conditions imposed by it upon the community controlee.
It is further ordered that when you have reported to your
officer and have been instructed as to the conditions of community
control, you shall be released from custody if you are in custody,
and if you are at liberty on bond, the sureties thereon shall stand
discharged from liability.

It is further ordered that the clerk of this court file this order
in the clerk’s office, and forthwith provide certified copies of same to
the officer for use in compliance with the requirements of law.

DONE AND ORDERED, on .....(date)......


Judge

I acknowledge receipt of a certified copy of this order. The
conditions have been explained to me and I agree to abide by them.

.....(date)..... Community controller


Instructed by
Original: Clerk of the Court
Certified Copies: Community Controlee
Florida Department of
Corrections, Probation
and Parole Service
(g) Form for Restitution Order.

In the Circuit Court,
Judicial Circuit, in and
for
County, Florida
Division
Case Number


State of Florida

v.


Defendant

RESTITUTION ORDER

By appropriate notation, the following provisions apply to the
sentence imposed in this section:

Restitution is not ordered as it is not applicable.

Restitution is not ordered due to the financial resources
of the defendant.

Restitution is not ordered due to
.

Due to the financial resources of the defendant,
restitution of a portion of the damages is ordered as
prescribed below.

Restitution is ordered as prescribed below.

Restitution is ordered for the following victim. (Victim
refers to the aggrieved party, aggrieved party’s estate,
or aggrieved party’s next of kin if the aggrieved party is
deceased as a result of the offense. In lieu of the victim’s address,
the address and phone number of the prosecuting
attorney, victim’s attorney, or victim advocate may be
used.)


Name of victim Name of attorney or advocate if
applicable

Address

City, State, and Zip Code

Phone Number (of prosecuting attorney, victim’s attorney, or victim
advocate)

[Include all restitution and findings, as authorized by law and
pronounced at sentencing.]

DONE AND ORDERED at County, Florida, on
.....(date)......


Judge
Original: Clerk of the Court
Certified Copy: Victim

Committee Note

1980 Amendment. The proposed changes to rule 3.986 are
housekeeping in nature. References to the Department of Offender
Rehabilitation have been changed to Department of Corrections to
reflect a legislative change. See section 20.315, Florida Statutes
(Supp. 1978). The reference to “hard labor” has been stricken as the
courts have consistently held such a condition of sentence is not
authorized by statute. See, e.g., McDonald v. State, 321 So. 2d 453,
458 (Fla. 4th DCA 1975).