Computation of Time Criminal Procedure

RULE 3.040. COMPUTATION OF TIME
In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable
statute, the day of the act or event from which the designated period of time begins to run is not to be included. The
last day of the period so computed shall be counted, unless it is a Saturday, Sunday, or legal holiday, in which event
the period shall run until the end of the next day that is neither a Saturday, Sunday, nor legal holiday. When the
period of time prescribed or allowed shall be less than 7 days, intermediate Saturdays, Sundays, and legal holidays
shall be excluded in the computation, except for the periods of time of less than 7 days contained in rules 3.130,
3.132(a) and (c), and 3.133(a).
Committee Notes
1968 Adoption. Taken from the Florida Rules of Civil Procedure.
1972 Amendment. Same as prior rule.
1988 Amendment. The 1983 amendments resulted in the reallocation of the time periods in rule 3.131 to rule 3.133, and also added an
important 5-day period in the new rule regarding pretrial detention in rule 3.132.
Court Commentary
1975 Amendment. Underlined portion is the only change. The effect is to remove the 72-hour provision of proposed rule 3.131 from the
Saturday, Sunday, and legal holiday exception.

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