RULE 3.986. FORMS RELATED TO JUDGMENT AND SENTENCE

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