The Ken Turner Law Firm Blog

How to compute time

for deadlines

in Florida Courts: 2.514

By Kenneth R. Turner, Jr., Esq.
Posted February 5, 2019

The Rules for calculating time for court deadlines has been updated 2019.

Fla. R. Jud. Admin. 2.514 sets forth how time is calculated in various situations.

(1) When computing time periods in any Florida rule of procedure, local rule, court order, or statute (that does not specify a method of computing time) the following apply:

(A) If the time period is stated in days or a longer unit of time begin counting from the next day that is not a Saturday, Sunday, or legal holiday;

(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and

(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, or falls within any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice.

(2) When the time period is stated in hours:

(A) begin counting immediately on the occurrence of the event that triggers the period;

(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and

(C) if the period would end on a Saturday, Sunday, or legal holiday, or during any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice.

(3) When the time period is stated in days less than seven days.

When the period stated in days is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

(4) The "Last Day" Defined.

Unless a different time is set by a statute, local rule, or court order, the last day ends

(A) for electronic filing or for service by any means, at midnight; and

(B) for filing by other means, when the clerk's office is scheduled to close.

(5) The "Next Day" Defined.

The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.

(6) A "Legal Holiday" Defined. --"Legal holiday" means:

(A) the day set aside by section 110.117, Florida Statutes, for observing New Year's Day, Martin Luther King, Jr.'s Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, or Christmas Day, and

(B) any day observed as a holiday by the clerk's office or as designated by the chief judge.

(7) Additional Time after Service by Mail. --When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).

Fla. R. Jud. Admin. 2.514