A Rule 3.800(a) motion should be initiated by filing a motion in the court that issued the judgment and sentence from which the defendant seeks relief. Generally, a court may at any time correct (1) an illegal sentence (a sentence that is longer than that allowed by law), or (2) a sentencing scoresheet error. To succeed on a Rule 3.800(a) motion, however, a defendant must be able to show that the court records demonstrate on their face that the defendant is entitled to relief. Florida Rule of Criminal Procedure 3.800.The model form for a motion for postconviction relief under Rule 3.850 is found at Rule 3.987, Florida Rules of Criminal Procedure. The Florida Supreme Court created a model form for postconviction relief motions filed pursuant to Rule 3.850, but there is no model form for Rule 3.800 or 3.801 motions. The new rule only applies to motions seeking in-state jail credit motions seeking out-of-state jail credit should still be filed in a Rule 3.850 motion.
In 2013, the Florida Supreme Court adopted Rule 3.801, which governs motions seeking jail credit.
Generally, there are two different types of postconviction relief motions: (1) a motion to correct, reduce, or modify a sentence pursuant to Florida Rule of Criminal Procedure 3.800 and (2) a motion to vacate, set aside, or correct a sentence pursuant to Florida Rule of Criminal Procedure 3.850 or 3.851 (for death penalty cases). Although the rules for postconviction motions under Rules 3.850 and 3.851 are similar, a defendant should be careful to consult the rule that applies to the type of sentence imposed in his/her case.