Florida Rules of Criminal Procedure
Section 13
Judgment
RULE 3.650 | JUDGMENT DEFINED
Committee Notes
1972 Amendment. Same as prior rule.
RULE 3.670 | RENDITION OF JUDGMENT
(b) If the defendant is found guilty, a judgment of guilty must be rendered in open court and in writing, signed by the judge, filed, and recorded. However, where allowed by law, the judge may withhold an adjudication of guilt. In the case of a felony, the judge may withhold an adjudication of guilty only if the judge places the defendant on probation.
(c) When a judge renders a final judgment of conviction, withholds adjudication of guilt after a verdict of guilty, imposes a sentence, grants probation, or revokes probation, the judge must forthwith inform the defendant concerning the rights of appeal therefrom, including the time allowed by law for taking an appeal.
(d) Within 15 days after the signed written judgment and sentence is filed with the clerk of court, the clerk of the court must serve on counsel for the defendant and counsel for the state a copy of the judgment of conviction and sentence entered, noting thereon the date of service by a certificate of service. If it is the practice of the trial court or the clerk of court to hand deliver copies of the judgment and sentence at the time of sentencing and copies are in fact hand delivered at that time, hand delivery must be noted in the court file, but no further service is required and the certificate of service need not be included on the hand-delivered copy.
Committee Notes
The Florida law forming the basis of this proposal is found in article V, sections 4 and 5, Constitution of Florida, concerning the right of appeal from a judgment of conviction; section 924.06, Florida Statutes, specifying when a defendant may take an appeal; section 924.09, Florida Statutes, and Florida Criminal Appellate Rule 6.2 concerning the time for taking appeals by a defendant in criminal cases; and section 948.011, Florida Statutes, providing for a sentence of a fine and probation as to imprisonment.
The purpose of the proposed rule is to provide assurance that a defendant, represented or unrepresented by counsel, will have authoritative and timely notice of the right to appeal.
1972 Amendment. Same as prior rule [but some terminology has been changed].
2005 Amendment. Amended to conform with section 775.08435, Florida Statutes (2004), effective July 1, 2004 (ch. 2004-60, Laws of Fla.).
RULE 3.680 | JUDGMENT ON INFORMAL VERDICT
Committee Notes
1972 Amendment. Same as prior rule.
RULE 3.690 | JUDGMENT OF NOT GUILTY; DEFENDANT DISCHARGED AND SURETIES EXONERATED
Committee Notes
1972 Amendment. Same as prior rule.
RULE 3.691 | POST-TRIAL RELEASE
(b) Written Findings. In any case in which the court has the discretion to release the defendant pending review of the conviction and, after the defendant’s conviction, denies release, it shall state in writing its reasons for the denial.
(c) Review of Denial. An order by a trial court denying bail to a defendant pursuant to the provisions of subdivision (a) may be reviewed by motion to the appellate court and the motion shall be advanced on the calendar of the appellate court for expeditious review.
(d) Conditions of Release. If the defendant is released after conviction and pending appeal, the conditions shall be:
(2) the defendant will surrender himself or herself in execution of the judgment or sentence on its being affirmed or modified or on the appeal being dismissed; or
in case the judgment is reversed and the cause remanded for a new trial, the defendant will appear in the court to which the cause may be remanded for a new trial, that the defendant will appear in the court to which the cause may be remanded and submit to the orders and process thereof and will not depart the jurisdiction of the court without leave.
Committee Notes
RULE 3.692 | PETITION TO SEAL OR EXPUNGE
(B) a sworn statement by the petitioner attesting that the petitioner:
(ii) is eligible for an expunction to the best of the petitioner’s knowledge; and
(iii) does not have any other petition to seal or expunge a criminal history record pending before any court.
(2) All relief sought pursuant to section 943.059, Florida Statutes, shall be by written petition, filed with the clerk. The petition must be accompanied by:
(B) a sworn statement by the petitioner attesting that the petitioner:
(ii) is eligible for a sealing to best of the petitioner’s knowledge; and
(iii) does not have any other petition to seal or expunge a criminal history record pending before the court.
(c) Written Order. If the petition is granted, the court shall enter its written order so stating and further setting forth the records and agencies or departments to which it is directed. Any request for expunging or sealing of a criminal history record may be denied at the sole discretion of the court. The court may not order a criminal justice agency to expunge or seal a criminal history record until the petitioner has applied for and received a certificate of eligibility.
(d) Clerk’s Duties.
(B) certify copies of the order to the appropriate state attorney, or statewide prosecutor, and the arresting agency; and
(C) certify a copy of the order to any other agency that the records of the court reflect has received the criminal history record from the court.
(B) seal the entries and records, or certified copies thereof, together with the court file and retain the same in a nonpublic index, subject to further order of the court (see Johnson v. State, 336 So. 2d 93 (Fla. 1976)); and
(C) in multi-defendant cases, make a certified copy of the contents of the court file that shall be sealed under subdivision (d)(2)(B). Thereafter, all references to the petitioner shall be expunged from the original court file.
Committee Notes
2000 Amendment. Substantially the same as the former rule, but references to certificate of eligibility for obtaining nonjudicial criminal history records were added pursuant to State v. D.H.W., 686 So. 2d 1331 (Fla. 1996).
2019 Amendment. Subdivisions addressing human trafficking were moved to rule 3.693.
RULE 3.693 | PETITION TO SEAL OR EXPUNGE; HUMAN TRAFFICKING
(B) official documentation of the petitioner’s status as a victim of human trafficking, if any exists.
(c) Written Order. If the petition is granted, the court shall enter its written order so stating and further setting forth the records and agencies or departments to which it is directed.
(d) Clerk’s Duties.
(B) certify copies of the order to the appropriate prosecuting attorney and the arresting agency; and
(C) certify a copy of the order to any other agency which the records of the court reflect has received the criminal history record from the court.
(B) seal the entries and records, or certified copies thereof, together with the court file and retain the same in a nonpublic index, subject to further order of the court (see Johnson v. State, 336 So. 2d 93 (Fla. 1976)); and
(C) in multi-defendant cases, make a certified copy of the contents of the court file that shall be sealed under subdivision (d)(2)(B). Thereafter, all references to the petitioner shall be expunged from the original court file.
Committee Notes
RULE 3.694 | PETITION TO SEAL OR EXPUNGE; LAWFUL SELF-DEFENSE EXPUNCTION
(2) the petitioner’s sworn statement attesting that the petitioner is eligible for such an expunction to the best of his or her knowledge or belief.
(b) State’s Response. The appropriate state attorney or the statewide prosecutor and the arresting agency may respond to the court regarding the completed petition to expunge.
(c) Written Order. If the petition is granted, the court shall enter its written order so stating and further setting forth the records and agencies or departments to which it is directed. Any request for expunging or sealing of a criminal history record may be denied at the sole discretion of the court. The court may not order a criminal justice agency to expunge or seal a criminal history record until the petitioner has applied for and received a certificate of eligibility.
(d) Clerk’s Duties.
(B) certify copies of the order to the appropriate prosecuting attorney and the arresting agency; and
(C) certify a copy of the order to any other agency which the records of the court reflect has received the criminal history record from the court.
(B) seal the entries and records, or certified copies thereof, together with the court file and retain the same in a nonpublic index, subject to further order of the court (see Johnson v. State, 336 So. 2d 93 (Fla. 1976)); and
(C) in multi-defendant cases, make a certified copy of the contents of the court file that shall be sealed under subdivision (d)(2)(B). Thereafter, all references to the petitioner shall be expunged from the original court file.
Committee Notes
You'll probably need to reference it during your pursuit of justice.
For instance, you might need to invoke certain rules to seek justice from judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
As always, please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
