The Florida Supreme Court's Criminal Court Steering Committee has filed a petition proposing amendments to Florida Rules of Criminal Procedure 3.800 (Correction, Reduction, and Modification of Sentences), 3.801 (Correction of Jail Credit), and 3.9875 (Motion for Jail Credit). The proposed amendments are intended to clarify that a defendant can litigate a jail credit issue under rule 3.800(b) (Motion to Correct Sentencing Error). The court invites all interested persons to comment on the proposed amendments, which are reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. All comments must be filed with the court on or before June 14, with a certificate of service verifying that a copy has been served on the Committee Chair, Judge Jay P. Cohen, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach 32114-5002, email@example.com, and on Bart Schneider, staff to the committee, Office of the State Courts Administrator, General Counsel's Office, 500 S. Duval Street, Tallahassee 32399, firstname.lastname@example.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The chair has until July 5 to file a response to any comments filed with the court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. A0SC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee 32399-1927; no additional copies are required or will be accepted.
IN THE SUPREME COURT OF FLORIDA
IN RE: AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, CASE NO. SC16-640 RULE 3.800. CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES
(a) [No Change]
(b) Motion to Correct Sentencing Error. A motion to correct any...