Florida

Criminal Procedure

Criminal Procedure

Rule 3.801 – CORRECTION OF JAIL CREDIT

(a)Correction of Jail Credit. A court may correct a final sentence that fails to allow a defendant credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161, Florida Statutes.
(b)Time Limitations. No motion shall be filed or considered pursuant to this rule if filed more than 1 year after the sentence becomes final.
(c)Contents of Motion. The motion shall be under oath and include:

(1) a brief statement of the facts relied on in support of the motion;
(2) the dates, location of incarceration, and total time for credit already provided;
(3) the dates, location of incarceration, and total time for credit the defendant contends was not properly awarded;
(4) whether any other criminal charges were pending at the time of the incarceration noted in subdivision (c)(3), and if so, the location, case number, and resolution of the charges; and
(5) whether the defendant waived any county jail credit at the time of sentencing, and if so, the number of days waived.
(d)Successive Motions. No successive motions for jail credit will be considered.
(e)Incorporation of Portions of Florida Rule of Criminal Procedure 3.850. The following subdivisions of Florida Rule of Criminal Procedure 3.850 apply to proceedings under this rule: 3.850(e), (f), (j), (k), and (n).

FL. R. Crim. P. 3.801

Amended by 204 So.3d 944, effective 11/23/2016; amended by 132 So.3d 734, effective 7/1/2013

Court Commentary.

2013 Adoption. All jail credit issues must be handled pursuant to this rule. The rule is intended to require that jail credit issues be dealt with promptly, within 1 year of the sentence becoming final. No successive motions for jail credit will be allowed.

2016 Amendment. The 2016 amendment clarifies that rule 3.801 applies to final sentences. Prior to the sentence being final, defendants may avail themselves of all appropriate proceedings to litigate a jail credit issue, including direct appeal if properly preserved, a motion for rehearing, or a motion pursuant to rule 3.800(b).