Florida Criminal Procedure

Rules, Statutes, and Cases on Florida Criminal Procedure by Joe Bodiford, J.D., LL.M.

3.181. Notice to Seek Death Penalty

criminal defense

RULE 3.181.  NOTICE TO SEEK DEATH PENALTY

In a prosecution for a capital offense, if the prosecutor intends to seek thedeath penalty, the prosecutor must give notice to the defendant of the state’s intentto seek the death penalty. The notice must be filed with the court within 45 days of arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause.

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