STATE OF FLORIDA
PLEA AGREEMENT
(Guilty / Nolo Contendere)
[COURT LOGO/STYLE, IF APPLICABLE]
Case No.: [CASE NUMBER]
Circuit/County: [___] Judicial Circuit, in and for [COUNTY] County, Florida
Division: [CRIMINAL / FELONY / MISDEMEANOR]
Parties:
1. The State of Florida, by and through the Office of the State Attorney for the [___] Judicial Circuit (“State” or “Prosecution”); and
2. [DEFENDANT LEGAL NAME], a natural person (“Defendant”).
Effective Date: [DATE OF EXECUTION]
TABLE OF CONTENTS
- Recitals
- Definitions
- Operative Provisions
3.1 Charges and Plea
3.2 Factual Basis
3.3 Rights Waived by Defendant
3.4 Sentencing Agreement
3.5 Restitution, Costs, and Fees
3.6 Cooperation and Special Conditions - Representations & Warranties
- Covenants & Restrictions
- Default; Remedies; Effect of Breach
- Risk Allocation
- Governing Law; Forum; Appeal Waiver
- General Provisions
- Acknowledgments & Voluntariness
- Execution Block
1. RECITALS
A. Plea Negotiations in Florida are governed by Fla. R. Crim. P. 3.171.
B. Defendant is charged by [Information / Indictment] dated [DATE] with:
• Count [__]: [OFFENSE], a [FELONY/MISDEMEANOR] of the [FIRST/SECOND/THIRD] degree, in violation of Fla. Stat. § [STATUTE SECTION].
C. Pursuant to Fla. R. Crim. P. 3.170, the Parties have engaged in plea discussions and have reached the following agreement, which is subject to Court approval.
D. In consideration of the mutual promises herein, the sufficiency of which is acknowledged, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement:
“Agreement” means this Plea Agreement, including all exhibits and schedules.
“Court” means the Circuit Court for [COUNTY] County, Florida.
“CPC” means Florida’s Criminal Punishment Code, Fla. Stat. § 921.002 (2023).
“Defendant” has the meaning provided in the header.
“Material Breach” has the meaning provided in § 6.1.
“Score Sheet” means the sentencing guideline worksheet prepared under the CPC.
“State” means the State of Florida as represented by the Office of the State Attorney.
[// GUIDANCE: Add any additional defined terms unique to the matter.]
3. OPERATIVE PROVISIONS
3.1 Charges and Plea
3.1.1 Defendant shall enter a [GUILTY / NOLO CONTENDERE] plea to Count(s) [].
3.1.2 The State agrees to [nolle prosequi / dismiss] Count(s) [] upon successful acceptance of this Agreement by the Court.
3.2 Factual Basis
Defendant stipulates that a factual basis exists for the plea as summarized in Exhibit A and as may be developed during the plea colloquy.
3.3 Rights Waived by Defendant
Upon entry of the plea and acceptance by the Court, Defendant knowingly, intelligently, and voluntarily waives:
a. The right to a jury trial;
b. The right to confront and cross-examine witnesses;
c. The right to compulsory process;
d. The privilege against self-incrimination as to the offense(s) pled;
e. The right to direct appeal, except as set forth in § 8.2.
[// GUIDANCE: Fla. R. App. P. 9.140(b)(2) governs permissible appeals after a plea.]
3.4 Sentencing Agreement
3.4.1 Score Sheet: The Parties stipulate to a total sentence points score of [POINTS] under the CPC.
3.4.2 Agreed Sentence (“Liability Cap”):
a. Incarceration: [] months/years [STATE CUSTODY / COUNTY JAIL] with credit for [] days.
b. Probation: [] months/years, standard conditions plus special conditions set forth in § 3.6.
c. Alternative Sanctions: [HOUSE ARREST / COMMUNITY CONTROL] for [] months.
3.4.3 Minimum Mandatory: If applicable, Defendant shall serve the statutory minimum mandatory term of [] years.
3.4.4 Concurrent/Consecutive: The sentence shall run [concurrently / consecutively] to Case No. [].
3.4.5 Court Discretion: Nothing herein limits the Court’s duty to reject a plea it finds contrary to law or public policy.
3.5 Restitution, Costs, and Fees
a. Restitution: Defendant shall pay $[AMOUNT] to [VICTIM] in accordance with a payment schedule to be set by the Court.
b. Court Costs: Statutory costs and surcharges as assessed by the Clerk.
c. Cost of Investigation: $[AMOUNT] payable to [LAW-ENFORCEMENT AGENCY], if applicable.
3.6 Cooperation and Special Conditions
a. Full and truthful cooperation with any ongoing investigation/prosecution arising from the conduct described in Exhibit A.
b. Substance-abuse evaluation and successful completion of recommended treatment.
c. No contact with [VICTIM / WITNESSES] except through counsel or as authorized by Court order.
d. Immigration Advisory: Defendant acknowledges potential immigration consequences.
[// GUIDANCE: Tailor special conditions to the offense and sentencing judge’s customary requirements.]
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant
a. Is not under the influence of drugs, alcohol, or medication impairing judgment.
b. Has discussed the plea fully with counsel and understands all consequences.
c. Is a U.S. citizen / non-citizen [SELECT ONE] and is aware of potential deportation or denial of naturalization.
4.2 Defense Counsel represents that counsel has advised Defendant of all constitutional and statutory rights and believes the plea is voluntary and in Defendant’s best interest.
4.3 State represents that the plea offer complies with the CPC and the Victim Rights Act, and that victims, if any, have been consulted pursuant to Fla. Const. art. I, § 16(b).
5. COVENANTS & RESTRICTIONS
5.1 Defendant shall refrain from committing any new law violations between the Effective Date and sentencing, and shall appear at all Court-ordered hearings.
5.2 The State shall not pursue additional charges arising out of the conduct in Exhibit A unless Defendant commits a Material Breach.
5.3 Both Parties shall execute any further documents reasonably necessary to effectuate this Agreement.
6. DEFAULT; REMEDIES; EFFECT OF BREACH
6.1 Material Breach Defined. A “Material Breach” includes:
a. Failure to appear;
b. Commission of a new criminal offense;
c. Providing materially false information;
d. Failure to comply with § 3.6 special conditions.
6.2 State’s Remedies upon Breach
i. Declare the Agreement null and void;
ii. Reinstate or file any original or additional charges;
iii. Use Defendant’s admissions herein against Defendant in subsequent proceedings.
6.3 Defendant’s Remedies upon State Breach
i. Specific performance (entry of agreed sentence); or
ii. Withdrawal of plea with restoration of pre-plea posture.
[// GUIDANCE: Fla. R. Crim. P. 3.170(l) addresses withdrawal of plea for good cause.]
6.4 Attorney’s Fees & Costs. Each Party bears its own fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable in criminal matters.
7.2 Limitation of Liability. Defendant’s criminal exposure is capped at the sentencing parameters in § 3.4 unless the Agreement is voided under § 6.2.
7.3 Force Majeure. Not applicable.
8. GOVERNING LAW; FORUM; APPEAL WAIVER
8.1 Governing Law. This Agreement is governed by the laws of the State of Florida, including Fla. R. Crim. P. 3.170 and the CPC.
8.2 Appeal Waiver. Pursuant to Fla. R. App. P. 9.140(b)(2) (2023), Defendant waives the right to direct appeal except for:
a. Lack of subject-matter jurisdiction;
b. Illegality of sentence;
c. Errors preserved by written motion to withdraw plea within thirty (30) days after sentencing.
8.3 Forum Selection. Any dispute shall be resolved by the sentencing Court. Arbitration is unavailable.
9. GENERAL PROVISIONS
9.1 Entire Agreement; Integration. This is the complete agreement; no prior promises survive.
9.2 Amendments & Waivers. Must be in writing, signed by both Parties, and approved by the Court.
9.3 Severability. If any provision is invalid, the remainder survives.
9.4 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, including by electronic signature, each of which is deemed an original.
9.5 Headings. For convenience only and not to affect interpretation.
10. ACKNOWLEDGMENTS & VOLUNTARINESS
Defendant affirms under oath that Defendant:
a. Has read (or had read and explained) this Agreement;
b. Understands the nature of the charge(s) and maximum possible penalties;
c. Is satisfied with counsel’s representation;
d. Is entering the plea freely and voluntarily and not as a result of force, threats, or undisclosed promises;
e. Understands that violation of any term may subject Defendant to the remedies in § 6.
11. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties set their hands on the dates indicated.
11.1 Defendant
[DEFENDANT LEGAL NAME]
Date: _______
11.2 Defense Counsel
[DEFENSE COUNSEL NAME], Esq.
Florida Bar No. [_]
Date: ____
11.3 State Attorney
[STATE ATTORNEY NAME], Esq.
Assistant State Attorney, [] Judicial Circuit
Date: ____
11.4 Approved and Ordered
The foregoing Plea Agreement is hereby ACCEPTED and APPROVED this _ day of __, 20___.
Hon. [JUDGE NAME]
Circuit Judge, [___] Judicial Circuit
NOTARY/WITNESS (IF REQUIRED)
[Insert jurat or witness lines if local practice requires notarization.]
[// GUIDANCE: Florida generally conducts plea colloquies in open court under oath; notarization is rarely required but local administrative orders may vary.]
EXHIBIT A
(Factual Basis for Plea)
[Provide concise statement of facts establishing each element of the offense(s).]
Prepared for professional use. Counsel must verify all statutory cites, local administrative orders, and clerk requirements before filing.