FLORIDA
Two-Year Deadline for Rule 3.850 Motions
Most claims under Fla. R. Crim. P. 3.850 (e.g. ineffective counsel, newly discovered evidence) must be filed within 2 years of the final judgment or mandate
Exceptions apply for newly discovered facts, retroactive legal rulings, or attorney neglect discovered later.
No Filing Fee Required
Rule 3.987, the official motion form, explicitly states: no court filing fee is required
Avenue for New Evidence or Constitutional Claims
Rule 3.850 provides a pathway to challenge convictions even if the direct appeal is over — for example, ineffective assistance of counsel or prosecutorial misconduct
Rule 3.800(a) – Correct Illegal Sentences Anytime
This rule allows uncapped filing of motions to correct illegal sentences or overt sentencing errors evident on the record (e.g., scoresheet miscalculations, statutory max exceeded)
Rule 3.800(b) – Fix Sentencing Errors Quickly
Provides a 30-day window after sentencing (or during appeal) to file a motion correcting sentencing errors like improper gain-time or clerical—failure to file can lead to loss of appellate rights
1Clear Standard of Review
Florida courts review sentencing errors under Rule 3.800(a) de novo, meaning independently and not deferring to the trial court's reasoning
No Attorney Required for Filing
Florida allows pro se filings, meaning incarcerated individuals can file these motions themselves — no attorney is required
Anywhere, Anytime Filing for Illegal Sentences
Rule 3.800(a) allows filings at any time (even beyond the 2-year limit), provided the error is obvious from the court record
Protection for Innocent Procedural Misses
Courts may waive deadlines if the facts were unknown and not discoverable with due diligence, or if the lawyer failed to file properly despite client reliance
Success Stories Show Real Impact
Cases handled via Rule 3.850 have led to sentence reductions, vacated convictions, and evidentiary hearings, sometimes reducing sentences dramatically (e.g., from 33 years to 15 years)