Fla. R. Crim. P. 3.986
__ 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)
Count | Crime | Offense Statute Number(s) | Degree of Crime | Case Number | OBTS 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
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 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).....
_______________________________
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
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
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
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_______________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
______ 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.
______ 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.
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:
Certified Copies:
Clerk of the Court
Probationer
Florida Department of
Corrections, Probation and Parole Service
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________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______ 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.
_______ 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.
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:
Certified Copies:
Clerk of the Court
Community Controlee
Florida Department of
Corrections, Probation
and Parole Service
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
FL. R. Crim. P. 3.986
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).