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ITEM 13C | FLORIDA RULE OF CRIMINAL PROCEDURE 3.801

A defendant seeking jail credit for time spent in a Florida jail must file a motion under rule 3.801. This rule was adopted by the Florida Supreme Court and became effective on July 1, 2013. Importantly, defendants have only 1 year from the date that their judgment and sentence become final to file a motion seeking Florida jail credit. Defendants whose sentences became final prior to July 1, 2013, had to file their motions on or before July 1, 2014. Fla. R. Crim. P. 3.801(b).

Rule 3.801 motions seeking jail credit must be made under oath. This means that defendants must sign the motion and swear that its contents are true. In addition to an oath, the motion should contain:
(1) a brief statement of the facts that support the defendant's claim for jail credit;

(2) the dates, location of incarceration, and total amount of time already awarded by the sentencing court for jail credit;

(3) the date, location of incarceration, and total amount of time that the defendant claims was not awarded;

(4) the location, case number, and resolution of any charges that were pending during the defendant's incarceration for which he/she now seeks credit; and

(5) whether the defendant waived any county jail credit at the time he/she was sentenced and if so, the number of days waived.
It is very important to include all claims for Florida jail credit in the first motion under this rule because the postconviction court will not consider any successive motions. Fla. R. Crim. P. 3.801(d).

Under rule 3.801, the defendant may file an amended motion, receive an evidentiary hearing (unless it is clear from the record and the motion that the defendant is not entitled to the jail credit), file a motion for rehearing, and seek an appeal from the denial of the motion according to the same procedures outlined in rule 3.850, which are discussed in detail below. Most importantly, defendants should remember that a notice of appeal must be filed within 30 days of the date that the order denying the motion is rendered.
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 13C from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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