Rule 3.850 Motion in Florida

Review Florida rule 3.850 motion procedures, issue-specific records, official sources, and attorney or non-attorney support options.

Identify the Rule 3.850 ground

Florida Rule 3.850 provides a collateral process for qualifying challenges to a noncapital conviction or sentence after trial or plea. Grounds include specified constitutional, jurisdictional, unlawful-sentence and involuntary-plea issues. The motion needs factual support tied to the challenged judgment; it is not an unrestricted repeat of a direct appeal. Death-sentence collateral proceedings instead require attention to Rule 3.851 and its separate framework.

What the procedure asks you to distinguish

The general Rule 3.850 period is two years after the judgment and sentence become final, with specified exceptions. A motion to vacate a sentence exceeding lawful limits has a separate at-any-time provision. The exceptions concerning newly discovered facts, retroactive constitutional rights and retained counsel’s filing neglect have their own requirements and periods. New evidence and alleged missed witness testimony require different supporting facts. The official October 1, 2026 compilation also specifies the oath, procedural history and certifications; an old form should not be assumed current.

Limits and related routes

Separate the requested relief from the evidence needed to support it. A conviction-level claim may involve testimony outside the written judgment; a sentence issue might implicate a different rule; a DNA-testing request follows 3.853. Keep prior motions, appellate orders and the sentencing record available so the history is clear. The directory identifies resources and provider roles, including PCRC’s non-attorney document support, but does not turn an allegation into an established legal violation.

Help with documents and court representation

PCRC is a non-attorney legal support and document-preparation service for pro se clients. Attorney advice and court representation are distinct services. Compare the provider type and written scope before engaging help; a featured directory listing does not establish a right to relief.

Records for this issue

  • Judgment and sentence
  • Appeal decisions and mandate
  • Prior collateral motions and orders
  • Ground-specific affidavits, transcript and exhibits

Provider roles for this issue

Type of helpTypical purposeConfirm first
Law firmLegal advice and court representationLicensing, case fit, and engagement terms
Non-attorney legal supportDocument preparation, research, organizationPermitted scope; who signs and files
Nonprofit / innocence reviewQualifying case review or legal servicesEligibility, intake, and representation status
Official resourcesForms, rules, records, and court contactsCurrent version and local requirements

Listings have no scores or ratings. Listing methodology

Non-attorney legal support / document preparation

Post-Conviction Relief Center (PCRC)

All four states · Directory owner · Non-attorney

Non-attorney legal support and document preparation for people representing themselves. PCRC operates this directory; services do not include attorney representation.

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Innocence nonprofit

Innocence Project of Florida

Florida · Innocence-focused

Provides free legal representation to qualifying innocent prisoners in Florida. Review its case requirements before requesting help.

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Court rules publication

Florida Criminal Procedure Rules

Florida · Published court rules

Current Florida criminal rules published by The Florida Bar, including Rules 3.850, 3.800, and 3.853. Check the listed revision date before using a rule or form.

View resource ↗
Trade association resource

Florida Association of Legal Document Preparers

Florida · Trade association · Non-attorney resource

Voluntary trade association publishing document-preparer information and proposed business practices. Membership does not establish a member’s post-conviction service scope or authority to provide legal advice.

View resource ↗

Related Florida guides

Sources for Rule 3.850 Motion

Common questions

What should be assembled before looking for help?

Bring judgment and sentence, appeal decisions and mandate, prior collateral motions and orders, ground-specific affidavits, transcript and exhibits. Keep previous filings and orders alongside the new materials so the procedural history stays visible.

Need help organizing and preparing your case?

PCRC offers non-attorney legal support and document preparation for pro se clients.

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Updated October 8, 2026. General information; the appropriate filing, deadline, and relief depend on the case. Provider information is based on linked public pages, not a licensing audit.