(b) Appeals from Postconviction Proceedings Under Florida Rules of Criminal Procedure 3.800(a), 3.801, 3.802, 3.850, or 3.853.
(2) Summary Grant or Denial of All Claims Raised in a Motion Without Evidentiary Hearing.
(B) Index. The clerk of the lower tribunal must index and paginate the record and send copies of the index and record to the parties.
(C) Briefs or Responses.
(ii) The court may request a response from the appellee before ruling, regardless of whether the appellant filed an initial brief. The appellant may serve a reply within 30 days after service of the response. The response and reply must comply with the word count (if computer-generated) or page limits (if handwritten or typewritten) set forth in rule 9.210 for answer briefs and reply briefs.
(B) Record.
(ii) Within 10 days of filing the notice of appeal, the appellant may direct the clerk of the lower tribunal to include in the record any other documents that were before the lower tribunal at the hearing.
(iii) The clerk of the lower tribunal must serve copies of the record on the attorney general, all counsel appointed to represent indigent defendants on appeal, and any pro se indigent defendant. The clerk of the lower tribunal must simultaneously serve copies of the index on all nonindigent defendants and, at their request, copies of the record or portions of it at the cost prescribed by law.
(2) Treatment as Original Proceedings. Review proceedings under this subdivision will be treated as original proceedings under rule 9.100, except as modified by this rule.
(3) Forum. Petitions seeking belated review must be filed in the court to which the appeal or discretionary review should have been taken.
(4) Contents. The petition must be in the form prescribed by rule 9.100, may include supporting documents, and must recite in the statement of facts:
(B) the name of the lower tribunal rendering the order;
(C) the nature, disposition, and dates of all previous court proceedings;
(D) if a previous petition was filed, the reason the claim in the present petition was not raised previously;
(E) the nature of the relief sought;
(F) the specific acts sworn to by the petitioner or petitioner’s counsel that constitute the basis for entitlement to belated appeal or belated discretionary review, as outlined below:
(ii) a petition seeking belated appeal or belated discretionary review must identify the circumstances, including names of individuals involved and date(s) of the occurrence(s), that were beyond the petitioner’s control and otherwise interfered with the petitioner’s ability to file a timely appeal or notice to invoke, as applicable; and
(B) A petition for belated discretionary review must not be filed more than 2 years after the expiration of time for filing the notice to invoke discretionary review from a final order, unless it alleges under oath with a specific factual basis that the petitioner was unaware such notice had not been timely filed or was not advised of the results of the appeal, or was otherwise prevented from timely filing the notice due to circumstances beyond the petitioner’s control, and that the petitioner could not have ascertained such facts by the exercise of reasonable diligence. In no case may a petition for belated discretionary review be filed more than 4 years after the expiration of time for filing the notice to invoke discretionary review from a final order.
(B) The court may by order identify any provision of this rule that the petition fails to satisfy and, under rule 9.040(d), allow the petitioner a specified time to serve an amended petition.
(C) The court may dismiss a second or successive petition if it does not allege new grounds and the prior determination was on the merits, or if a failure to assert the grounds was an abuse of procedure.
(D) An order granting a petition for belated appeal must be filed with the lower tribunal and treated as the notice of appeal, if no previous notice has been filed. An order granting a petition for belated discretionary review or belated appeal of a decision of a district court of appeal must be filed with the district court of appeal and treated as a notice to invoke discretionary jurisdiction or notice of appeal, if no previous notice has been filed.
(2) Treatment as Original Proceedings. Review proceedings under this subdivision will be treated as original proceedings under rule 9.100, except as modified by this rule.
(3) Forum. Petitions alleging ineffective assistance of appellate counsel must be filed in the court to which the appeal was taken.
(4) Contents. The petition must be in the form prescribed by rule 9.100, may include supporting documents, and must recite in the statement of facts:
(B) the name of the lower tribunal rendering the order;
(C) the nature, disposition, and dates of all previous court proceedings;
(D) if a previous petition was filed, the reason the claim in the present petition was not raised previously;
(E) the nature of the relief sought; and
(F) the specific acts sworn to by the petitioner or petitioner’s counsel that constitute the alleged ineffective assistance of counsel.
(6) Procedure.
(B) The court may by order identify any provision of this rule that the petition fails to satisfy and, under rule 9.040(d), allow the petitioner a specified time to serve an amended petition.
(C) The court may dismiss a second or successive petition if it does not allege new grounds and the prior determination was on the merits, or if a failure to assert the grounds was an abuse of procedure.
