West's F.S.A. 57.081 Page 1 Effective: July 1, 2009 West's Florida Statutes Annotated Currentness Title VI. Civil Practice and Procedure (Chapters 45-89) (Refs & Annos) Chapter 57. Court Costs (Refs & Annos) 57.081. Costs; right to proceed where prepayment of costs and payment of filing fees waived (1) Any indigent person, except a prisoner as defined in s. 57.085, who is a party or intervenor in any judicial or administrative agency proceeding or who initiates such proceeding shall receive the services of the courts, sheriffs, and clerks, with respect to such proceedings, despite his or her present inability to pay for these services. Such services are limited to filing fees; service of process; certified copies of orders or final judgments; a single photocopy of any court pleading, record, or instrument filed with the clerk; examining fees; mediation services and fees; private court-appointed counsel fees; subpoena fees and services; service charges for collecting and disbursing funds; and any other cost or service arising out of pending litigation. In any appeal from an administrative agency decision, for which the clerk is responsible for preparing the transcript, the clerk shall record the cost of preparing the transcripts and the cost for copies of any exhibits in the record. Prepayment of costs to any court, clerk, or sheriff is not required and payment of filing fees is not required in any action if the party has obtained in each proceeding a certification of indigence in accordance with s. 27.52 or s. 57. 082. (2) Any sheriff who, in complying with the terms of this section, expends personal funds for automotive fuel or ordinary carfare in serving the process of those qualifying under this section may requisition the board of county commissioners of the county for the actual expense, and on the submission to the board of county commissioners of appropriate proof of any such expenditure, the board of county commissioners shall pay the amount of the actual expense from the general fund of the county to the requisitioning officer. (3) If an applicant prevails in an action, costs shall be taxed in his or her favor as provided by law and, when collected, shall be applied to pay filing fees or costs that have not been paid. CREDIT(S) Laws 1937, c. 17883, 1 to 3; Comp.Gen.Laws Supp.1940, 4680(2); Laws 1955, c. 29615, 15; Laws 1957, c. 57-251, 1; Fla.St.1965, 58.09; Laws 1967, c. 67-254, 13; Laws 1973, c. 73-334, 14; Laws 1980, c. 80-348, 1. Amended by Laws 1994, c. 94-348, 18, eff. June 3, 1994; Laws 1995, c. 95-147, 1362, eff. July 10, 1995; Laws 1996, c. 96-106, 1, eff. July 1, 1996; Laws 1997, c. 97-107, 9, eff. May 24, 1997; Laws 2003, c. 2003-402, 71, eff. July 1, 2004; Laws 2005, c. 2005-236, 34, eff. July 1, 2005;
West's F.S.A. 57.081 Page 2 Laws 2009, c. 2009-61, 8, eff. July 1, 2009. HISTORICAL AND STATUTORY NOTES Amendment Notes: Laws 1967, c. 67-254, 13, renumbered the section. Laws 1973, c. 73-334, a reviser's bill, amended various sections of the statutes to conform terminology to the revision of the judiciary brought about by the adoption of revised Article 5 of the Florida Constitution, effective January 1, 1973. Laws 1980, c. 80-348, 1, rewrote subsec. (1) and substituted at the beginning of subsec. (3) If an applicant prevails in an action for If plaintiff recovers in the action. Prior to amendment, subsec. (1) provided: (1) Insolvent and poverty-stricken persons having actionable claims or demands shall receive the services of the courts, sheriffs, and clerks of the county in which they reside without charge. No prepayment of costs to any judge, clerk, or sheriff in the county is required in any action when the party has obtained a certification of insolvency from the clerk in each action, based on affidavits filed with him that the applicant is insolvent and unable to pay the charges otherwise payable by law to any of such officers. The affidavits shall be supported by a written certificate signed by a member of the bar of the county that he has made an investigation to ascertain the truth of applicant's affidavit and that he believes it to be true; that he has investigated the nature of plaintiff's claim and that in his opinion it is meritorious as a matter of law; and that he has not been paid or promised payment of any remuneration for his service and intends to act at attorney for applicant without compensation. On the failure or refusal of the clerk to issue a certificate of insolvency, applicant is entitled to a review of his application for the certificate by the court having jurisdiction of the cause of action. Laws 1980, c. 80-348, provided therein that the law take effect July 1, 1980; however, approval by the governor occurred subsequent thereto. The Florida Supreme Court in an advisory opinion to the governor of July 19, 1979 (374 So.2d 959) stated in part * * * the effective date provided in the bill is inoperative unless the bill becomes law on or before that date and concludes that under such circumstances the provision of Const. Art. 3, 9, that the law take effect on the sixtieth day after adjournment sine die of the session of the legislature in which enacted is applicable. Laws 1994, c. 94-348, 18, eff. June 3, 1994, rewrote subsec. (1). Laws 1995, c. 95-147, a reviser's bill, eliminated gender-specific references without making substantive changes in legal effect.
West's F.S.A. 57.081 Page 3 Laws 1996, c. 96-106, 1, eff. July 1, 1996, in subsec. (1), near the beginning of the first sentence, inserted the exception. Laws 1997, c. 97-107, 9, eff. May 24, 1997, inserted provision that the affidavit of indigency contain a statement that certifies that no person has been paid or promised any payment by the applicant for services performed on behalf of the applicant in connection with the action or proceeding. Laws 2003, c. 2003-402, 71, rewrote subsec. (1), which formerly read: (1) Any indigent person, except a prisoner as defined in s. 57.085, who is a party or intervenor in any judicial or administrative agency proceeding or who initiates such proceeding shall receive the services of the courts, sheriffs, and clerks, with respect to such proceedings, without charge. Such services are limited to filing fees; service of process; certified copies of orders or final judgments; a single photocopy of any court pleading, record, or instrument filed with the clerk; examining fees; mediation services and fees; court-appointed counsel fees; subpoena fees and services; service charges for collecting and disbursing funds; and any other cost or service arising out of pending litigation. In any appeal from an administrative agency decision, for which the clerk is responsible for preparing the transcript, the clerk shall waive the cost of preparing the transcripts and the cost for copies of any exhibits in the record. Prepayment of costs to any court, clerk, or sheriff is not required in any action if the party has obtained from the clerk in each proceeding a certification of indigency, based on an affidavit of the applicant claiming that the applicant is indigent and unable to pay the charges otherwise payable by law to any of such officers, providing the details of the applicant's financial condition, and containing a statement that certifies that no person has been paid or promised any payment of any remuneration by the applicant for services performed on behalf of the applicant in connection with the action or proceeding. However, when the person is represented by an attorney, the person need not file an affidavit in order to be exempt from payment of charges under this subsection. A represented person is exempt from charges under this subsection if the attorney of such person files a written certificate, signed by the attorney, certifying that the attorney has made an investigation to ascertain the financial condition of the client and has found the client to be indigent; that the attorney has investigated the nature of the applicant's position and in the attorney's opinion it is meritorious as a matter of law; and that the attorney has not been paid or promised payment of any remuneration for services and intends to act as attorney for the applicant without compensation. On the failure or refusal of the clerk to issue a certificate of indigency, the applicant is entitled to a review of the application for the certificate by the court having jurisdiction of the cause of action. Laws 2005, c. 2005-236, 34, in subsec. (1), added a reference to 57. 082. Laws 2009, c. 2009-61, 8, in the section heading, inserted and payment of filing fees ; in subsec. (1), inserted and payment of filing fees is not required in the last sentence; and in subsec. (3), substituted filing fees or costs that for costs which otherwise would have been required and which following applied to pay. CROSS REFERENCES
West's F.S.A. 57.081 Page 4 Public defenders, indigent status determination, see F.S.A. 27.52. LAW REVIEW AND JOURNAL COMMENTARIES Dissecting a decade of change in Florida in forma pauperis law. Robert R. Williams, 12 Stetson L.Rev. 363 (1983). Free divorce for the indigent. 24 U.Fla.L.Rev. 180 (1971). LIBRARY REFERENCES Costs 127. Westlaw Topic No. 102. C.J.S. Costs 87 to 93. RESEARCH REFERENCES ALR Library 70 ALR 5, Resort to Constitutional or Legislative Debates, Committee Reports, Journals, Etc., as Aid in Construction of Constitution or Statute. 39 ALR 710, Separate Domicil of Wife for Purposes of Jurisdiction Over Subject-Matter of Suit by Her for Divorce or Separation. Encyclopedias Direct Appeal; Original Proceeding, FL Jur. 2d Appellate Review 17. Procedural Access, FL Jur. 2d Constitutional Law 356. Generally; Waiver of Costs, FL Jur. 2d Costs 58. Particular Costs or Fees, FL Jur. 2d Costs 59.
West's F.S.A. 57.081 Page 5 Particular Costs or Fees--Costs of Transcript and Copies of Exhibits on Appeal from Administrative Decision, FL Jur. 2d Costs 60. Generally; Supporting Affidavit, FL Jur. 2d Costs 61. Generally; Affidavit of Indigency, FL Jur. 2d Costs 67. Prisoners Previously Authorized to Proceed as Indigent, FL Jur. 2d Costs 70. Collateral Criminal Proceedings, FL Jur. 2d Costs 71. Mandamus Relief, FL Jur. 2d Prisons & Prisoners 240. Manner of Publication, FL Jur. 2d Process 59. Petition of Indigency, FL Jur. 2d Workers' Compensation 797. Grant or Denial of Petition, FL Jur. 2d Workers' Compensation 800. Forms Florida Pleading and Practice Forms 4:8, Application for Determination of Civil Indigent Status--With Clerk's Determination on Application. Florida Pleading and Practice Forms 44:8, Procedural Guide--Indigent Parties. Florida Pleading and Practice Forms 87:159, Verified Petition--For Relief from Paying Filing Fee [OJCC Form 13]. Florida Pleading and Practice Forms 87:160, Verified Petition--For Relief from Paying Costs of Preparation of the Record [OJCC Form 14].
West's F.S.A. 57.081 Page 6 Florida Pleading and Practice Forms 87:163, Certification of Counsel for Relief from Paying Filing Fee [OJCC Form 15]. Florida Pleading and Practice Forms 87:164, Certification of Counsel for Relief from Paying Costs of Preparation of Record [OJCC Form 16]. Treatises and Practice Aids 2 Florida Practice Series 9:9, Proceedings by Indigents. 2 Florida Practice Series 24:8, The Record. 2 Florida Practice Series 25:3, Initiating an Appeal. 2 Florida Practice Series App. B, Florida Rules of Appellate Procedure. Trawick's Florida Practice and Procedure 8:20, Constructive Service; Notice. Trawick's Florida Practice and Procedure 25:12, Costs. UNITED STATES SUPREME COURT Certiorari petitions, in forma pauperis requests after multiple frivolous petitions, see Shieh v. Kakita, 1996, 116 S.Ct. 1311, 517 U.S. 343, 134 L.Ed.2d 464, reconsideration denied 116 S.Ct. 1670, 517 U.S. 1186, 134 L.Ed.2d 775. Counsel to indigents, right to recoupment under statute, see Fuller v. Oregon, 1974, 94 S.Ct. 2116, 417 U.S. 40, 40 L.Ed.2d 642. In forma pauperis, associations as persons, see Rowland v. California Men's Colony, Unit II Men's Advisory Council, U.S.Cal.1993, 113 S.Ct. 716, 506 U.S. 194, 121 L.Ed.2d 656, on remand 990 F.2d 519. In forma pauperis complaint, frivolousness, dismissal, review for abuse of discretion, see Denton v. Hernandez, U.S.Cal.1992, 112 S.Ct. 1728, 504 U.S. 25, 118 L.Ed.2d 340, on remand 966 F.2d 533.
West's F.S.A. 57.081 Page 7 In forma pauperis proceedings, multiple prior petitions, frivolous litigation, see In re Sindram, 1991, 111 S.Ct. 596, 498 U.S. 177, 112 L.Ed.2d 599, rehearing denied 111 S.Ct. 1029, 498 U.S. 1116, 112 L.Ed.2d 1110. In forma pauperis suits, repeated frivolous filings, see Zatko v. California, 1991, 112 S.Ct. 355, 502 U.S. 16, 116 L.Ed.2d 293, reconsideration denied 112 S.Ct. 864, 502 U.S. 1028, 116 L.Ed.2d 771. NOTES OF DECISIONS Administrative cases, appellate proceedings 22 Administrative cases, nature of proceedings 11 Affidavit of indigency 3 Appellate court review 28 Appellate proceedings 19-26 Appellate proceedings - In general 19 Appellate proceedings - Administrative cases 22 Appellate proceedings - Civil cases 20 Appellate proceedings - Forfeiture 21 Appellate proceedings - Motion in lower court 24 Appellate proceedings - Previous findings of insolvency 25 Appellate proceedings - Transcripts 26 Appellate proceedings - Workers' compensation 23 Attorney's affidavit or certificate 4 Certificate of indigency or insolvency 5-8 Certificate of indigency or insolvency - In general 5 Certificate of indigency or insolvency - Independent investigation 7 Certificate of indigency or insolvency - Indigency finding 6 Certificate of indigency or insolvency - Notice 8 Civil cases, appellate proceedings 20 Construction and application 2 Construction with other laws 2.5 Criminal proceedings, nature of proceedings 13.5 Discovery 9 Forfeiture, appellate proceedings 21 Habeas corpus writs, nature of proceedings 14 Independent investigation, certificate of indigency or insolvency 7 Indigency finding, certificate of indigency or insolvency 6 Mandamus, nature of proceedings 15 Motion in lower court, appellate proceedings 24 Nature of proceedings 10-15 Nature of proceedings - In general 10 Nature of proceedings - Administrative cases 11 Nature of proceedings - Criminal proceedings 13.5 Nature of proceedings - Habeas corpus writs 14 Nature of proceedings - Replevin bond 13 Nature of proceedings - Support actions 12
West's F.S.A. 57.081 Page 8 Nature of proceedings - Writs of mandamus 15 Notice, certificate of indigency or insolvency 8 Notice by posting, service of process 17 Notice by publication, service of process 16 Previous findings of insolvency, appellate proceedings 25 Purpose 2.7 Recording of judgments 18 Replevin bond, nature of proceedings 13 Review 27, 28 Review - Appellate court review 28 Review - Trial court 27 Service of process 16, 17 Service of process - Notice by posting 17 Service of process - Notice by publication 16 Support actions, nature of proceedings 12 Transcripts, appellate proceedings 26 Trial court, review 27 Validity 1 Workers' compensation, appellate proceedings 23 Writs of mandamus, nature of proceedings 15 1. Validity Statute purporting to allow clerk of court to issue its certificate of indigency on attorney's certification instead of party's affidavit, and that purportedly allows appeal of clerk's denial of certification to court having jurisdiction of the cause of action, conflicts with established rules of judicial procedure, as only Supreme Court has constitutional power to adopt rules for practice and procedure in all courts. Keene v. Nudera, App. 2 Dist., 661 So.2d 40 (1995), rehearing denied, review denied 669 So.2d 251. Costs 106; Courts 85(1) 2. Construction and application Indigency statutes apply only to those prisoner filings that are not free of cost. McNeil v. Cox, 997 So.2d 343 (2008). Costs 128 When requirements of this section are satisfied, exemption is provided from filing fee that would otherwise be necessary in any action. Miller v. Hospitality Care Center, App. 1 Dist., 431 So.2d 254 (1983). Clerks Of Courts 17 Although workers' compensation claimant's attorney may anticipate a fee award, payable from some source other than client, client is not precluded from proceeding as an indigent provided that the statutory criteria are met. Miller v. Hospitality Care Center, App. 1 Dist., 431 So.2d 254 (1983). Workers' Compensation 1980.1
West's F.S.A. 57.081 Page 9 Existence of right of indigents to proceed without payment of costs is a substantive one and is properly defined by the Legislature and formulating procedures for availing oneself of the right is exclusive province of the Supreme Court pursuant to rule-making authority vested in it by Const. Art. 5 2. Amos v. Department of Health and Rehabilitative Services, Dist. IV, Duval County, Unit 13, App. 1 Dist., 416 So.2d 841 (1982), petition for review dismissed 421 So.2d 517. Constitutional Law 2317; Constitutional Law 2322; Constitutional Law 2378; Constitutional Law 2450 Reasonable construction of this section permitting plaintiff to proceed without payment of costs under clerk's certificate of insolvency is that, although one is allowed to proceed without prepayment of costs upon clerk's initial determination, clerk's certificate of insolvency is not conclusive as to party's true financial ability and, if trial court finds that party is financially able to pay costs, court can require payment. Nation v. Nation, App. 5 Dist., 404 So.2d 394 (1981), review denied 412 So.2d 468. Costs 132(1) Amendment to this section dealing with right of indigents to proceed without prepayment of costs was not signed by the governor until July 3, two days after its contemplated effective date, so that the actual effective date of the bill was August 6, 1980, 60 days after adjournment sine die and the amendment thus did not apply to an appeal filed on July 9, 1980. McGriff v. McGriff, App. 3 Dist., 392 So.2d 914 (1980). Appeal And Error 389(1) As regards this section providing that Insolvent and poverty-stricken persons having actionable claims or demands shall receive the services of the courts, sheriffs, and clerks of the county in which they reside without charge, the term actionable claims or demands simply refers to a cause of action as that term is employed in current practice and procedure. Brinker v. Ludlow, App. 3 Dist., 379 So.2d 999 (1980), approved 403 So.2d 969. Costs 128 While the legislature, by the adoption of this section intended to obviate the payment of certain litigation costs by bona fide indigents, and while the statute should be liberally construed so as to advance the remedy, the District Court of Appeal, because of the frequent and firm application of terminology employed in the section and the consequences thereof, could not reach a construction contrary to the legislative intent. Brinker v. Ludlow, App. 3 Dist., 379 So.2d 999 (1980), approved 403 So.2d 969. Costs 128 The clerk of the circuit court is authorized and required to charge the statutorily prescribed filing fees or service charges in habeas corpus proceedings with payment due for such services at the time of filing as usual in a civil action or proceeding unless the person filing such proceeding is properly qualified under this section as an insolvent and poverty-stricken person, in which case the clerk's services are furnished without cost to such insolvent person, or unless the proceeding falls under 57.091 in which case the county initially bears such costs but is reimbursed therefor by the state. Op.Atty.Gen., 076-112, May 18, 1976. Under Boddie v. Connecticut, 91 S.Ct. 780, 401 U.S. 371, 28 L.Ed.2d 113 (1971), a sheriff is not required to collect the statutory fee for service of process upon a state prisoner at the request of an indigent plaintiff in
West's F.S.A. 57.081 Page 10 a proceeding for the dissolution of marriage instituted by her in another county. Op.Atty.Gen., 072-137, April 18, 1972. 2.5. Construction with other laws Inmate's mandamus petition, which challenged a prison disciplinary proceeding and the forfeiture of gain time and placement in disciplinary confinement that resulted from it, was a collateral criminal proceeding, and thus inmate's request for indigent status was governed by the general indigency statutes, rather than the statute governing civil claims. Jones v. Joseph, App. 4 Dist., 989 So.2d 744 (2008). Costs 302 Habeas petitioner's challenge to revocation of parole was collateral criminal proceeding, and therefore, general indigency statute applied, which did not authorize imposition of lien on petitioner's inmate trust account for costs, not statute providing for deferral of court costs for indigent prisoners in civil cases. Smith v. Florida Parole Com'n, App. 1 Dist., 964 So.2d 189 (2007). Costs 325 Proceeding on state prisoner's petition for writ of mandamus challenging his parole release date was a collateral criminal proceeding and, thus, prisoner was exempt from requirements of prisoner indigency statute, including requirement of providing copies of records of his trust account for the preceding six months, and was instead subject to requirements of general indigency statute. Thomas v. Florida Parole Com'n, App. 1 Dist., 963 So.2d 777 (2007), rehearing denied. Costs 325 Statute pertaining to civil court costs, which contained no language authorizing imposition of liens, and not statute pertaining to indigent prisoners, which contained language authorizing imposition of liens, was applicable in collateral criminal proceedings, and therefore pro se prisoner, who began collateral criminal proceeding by filing petition for writ of mandamus challenging gain-time calculations, was entitled to relief from appellate lien placed on his account by circuit court pursuant to indigent prisoner statute. Perez v. State, App. 1 Dist., 963 So.2d 337 (2007). Costs 325 Circuit court lacked authority under general indigency statute to impose lien on inmate's trust account for costs and fees incurred in proceedings on inmate's petition for certiorari review of denial of his petition for writ of mandamus and finding of indigency, and was entitled to reimbursement of any funds withdrawn from inmate's trust account in order to satisfy lien order, where inmate had challenged loss of gain time, qualifying proceeding below as collateral criminal proceeding. Parker v. McDonough, App. 1 Dist., 958 So.2d 1108 (2007). Costs 325 Both the general indigency statute and the prisoner indigency statute apply only to those filings that are not free of costs. Schmidt v. McDonough, 951 So.2d 797 (2006), rehearing denied. Costs 128 Inmate's petition for writ of mandamus, seeking review of disciplinary action taken by Department of Corrections (DOC), was a collateral criminal proceeding, and thus indigency determination was to be made
West's F.S.A. 57.081 Page 11 under statute governing court costs for indigent persons in general, not statute governing court costs for indigent prisoners, and lien on inmate's trust account was not permissible; inmate's petition challenged the disciplinary action that resulted in appellant's forfeiture of 30 days of gain-time, and as such was a collateral criminal proceeding. Collazo v. McDonough, App. 1 Dist., 943 So.2d 816 (2006), rehearing denied. Costs 325 Inmate was not subject to a lien against his inmate account for costs related to his mandamus petition, where trial court ruled that inmate's action was collateral criminal proceeding, not subject to the fee deferral provisions of the statute authorizing liens on indigent prisoners' trust funds for costs associated with judicial proceedings. Grayer v. State, App. 1 Dist., 938 So.2d 610 (2006). Costs 325 2.7. Purpose Prisoner indigency statute was intended to supplant the general indigency statute for most purposes where prisoners' civil filings are concerned. McNeil v. Cox, 997 So.2d 343 (2008). Costs 128 3. Affidavit of indigency Pro se prisoner's failure to file affidavit of indigency warranted dismissal of his writ of mandamus challenging extension of expiration of sentence date by amount of time served on conditional release, after conditional release was revoked, even though circuit court never informed him of applicability of statute requiring him to file affidavit. Perez v. State, App. 1 Dist., 963 So.2d 337 (2007). Costs 302 Compared to more detailed petition, typically filed at later time not to avoid all payment of filing fee but to secure its payment or reimbursement, with substantial record costs, from workers' compensation trust fund, affidavits of indigency merely assert grounds under this section in general terms. Miller v. Hospitality Care Center, App. 1 Dist., 431 So.2d 254 (1983). Workers' Compensation 1809 When initiating an appeal as an indigent, appealing party must file with lower tribunal a motion to be relieved of paying appellate court's prescribed filing fee and that motion must be accompanied by affidavits required of both appealing party and that party's attorney. Miller v. Hospitality Care Center, App. 1 Dist., 431 So.2d 254 (1983). Appeal And Error 389(3) 4. Attorney's affidavit or certificate Plaintiff was not entitled to reinstatement of action on basis of indigency, where motion and affidavit were not accompanied by written certificate from counsel of record representing that claim was true and meritorious, that counsel had neither been paid nor promised any remuneration, and that he intended to act as attorney for claimant without compensation. Suria v. Ruggles Const. Co., App. 3 Dist., 552 So.2d 1129 (1989). Pretrial
West's F.S.A. 57.081 Page 12 Procedure 696.1 In an attorney's affidavit accompanying an indigent's motion for permission to proceed in forma pauperis, counsel need not affirm that his or her employer, association or agency does not have funds available to pay filing fees, and it was error for department of health and rehabilitative service to deny motion to proceed in forma pauperis solely because counsel's affidavit did not include a statement indicating whether his employer, etc., had funds available to pay filing fees. Amos v. Department of Health and Rehabilitative Services, Dist. IV, Duval County, Unit 13, App. 1 Dist., 416 So.2d 841 (1982), petition for review dismissed 421 So.2d 517. Costs 132(6) Attorney representing party seeking to obtain waiver of appellate court fees should include in his affidavit of client's inability to pay fees a statement of whether or not, to best of his knowledge, his employer, association or agency has funds available to pay appellate filing fees, and lower court or agency may consider such matters in determining whether applicant is able to pay fees. Chappell v. Florida Dept. of Health and Rehabilitative Services, App. 5 Dist., 391 So.2d 358 (1980). Appeal And Error 389(2) 5. Certificate of indigency or insolvency--in general Two inmates who filed joint action contesting Department of Corrections rules regarding prison mail and raising a prison disciplinary matter on behalf of one of them were both required to comply with statute governing deferral of prepayment of court costs and fees for indigent prisoners, and could not rely on indigency affidavit submitted by only one of the prisoners; combination of inmates' individual claims into a single action could not result in one of the inmates pursuing claims without complying with the statutes governing litigation by indigents. Smith v. Florida Dept. of Corrections, App. 1 Dist., 974 So.2d 1110 (2007), rehearing denied, review denied 987 So.2d 1210. Costs 132(6) Under the general indigency statute, if a person is certified as indigent, the prepayment of costs is waived. Schmidt v. McDonough, 951 So.2d 797 (2006), rehearing denied. Costs 133 General indigency statute, which permits indigent persons to proceed with a case without payment of costs but has mechanism for future payment of filing fees, does not provide for imposition of lien on inmate accounts. Cason v. Crosby, App. 1 Dist., 892 So.2d 536 (2005). Costs 283 Failure of clerk of court to issue certificate of indigency did not preclude plaintiff who filed affidavit of indigency which was accepted by clerk of court from receiving waiver of costs to which he otherwise would have been entitled had a certificate been issued. In re Keppro, App. 1 Dist., 573 So.2d 140 (1991). Costs 132(1) In workers' compensation cases, documents allowing party to appeal as an indigent must be filed with deputy commissioner, who then, upon examining affidavits for compliance with requirements of this section may issue
West's F.S.A. 57.081 Page 13 required certificate of indigency for purposes of excusing payment of filing fee. Miller v. Hospitality Care Center, App. 1 Dist., 431 So.2d 254 (1983). Workers' Compensation 1872 Supreme Court had no authority to consider petition for writ of replevin where movant, who sought to proceed in forma pauperis, failed to comply with this section relating to certification of insolvency. Adams v. Powers, 278 So.2d 598 (1973). Costs 132(5) If clerk of circuit court was ex officio clerk of small claims court, then neither judge of small claims court nor district court of appeal should go behind certificate of clerk to ascertain on what basis clerk found his certificate of insolvency of inmate of state prison seeking replevin of personal property taken from him at time of his original confinement. Coonts v. State, App. 1 Dist., 219 So.2d 460 (1969). Prisons 132 Circuit court clerk's certificate of insolvency of state prison inmate petitioning for replevin for return of property taken from him at time of his original confinement imported verity, but, if clerk of circuit court was not also clerk of small claims court, then such certificate of clerk as required by this section setting forth requirements to obtaining certificate of insolvency should be made by clerk. Coonts v. State, App. 1 Dist., 219 So.2d 460 (1969). Prisons 132 6. ---- Indigency finding, certificate of indigency or insolvency Under the general indigency statute, if a person is certified as indigent, the prepayment of costs is waived. McNeil v. Cox, 997 So.2d 343 (2008). Costs 128 In considering application to proceed as indigent in civil matter, trial judge may look beyond bottom line figures and consider applicant's financial situation in broader context suggested by reasonable inferences drawn from facts sworn to by applicant. Eberhardt v. Eberhardt, App. 4 Dist., 590 So.2d 1134 (1992). Costs 132(5) Party is not indigent simply by declaring himself indigent. Eberhardt v. Eberhardt, App. 4 Dist., 590 So.2d 1134 (1992). Costs 128 Plaintiff was not entitled to proceed with civil action as indigent where plaintiff had skilled trade, plaintiff had cash on hand or in banks, and plaintiff owned automobiles, business equipment, inventory, and other personal property with substantial value, even though plaintiff's financial affidavit showed negative cash flow and net worth. Eberhardt v. Eberhardt, App. 4 Dist., 590 So.2d 1134 (1992). Costs 128 7. ---- Independent investigation, certificate of indigency or insolvency If documents filed to qualify workers' compensation claimant as an indigent on appeal are facially sufficient,
West's F.S.A. 57.081 Page 14 deputy commissioner's certificate should issue, stating that it is based solely on documents filed and without prejudice to more detailed examination of claimant's indigency that may become necessary in any future proceedings. Miller v. Hospitality Care Center, App. 1 Dist., 431 So.2d 254 (1983). Workers' Compensation 1809 When an applicant for a certificate of indigency under this section is not represented by an attorney, the clerk of the court is not charged with any responsibility for investigating the accuracy of the factual information alleged in support of the application and should issue the certificate provided the applicant's affidavit shows on the face thereof that the applicant is indigent and unable to pay the charges described in this section. Op.Atty.Gen., 081-52, July 9, 1981. A suit for divorce may be filed by a plaintiff without paying the circuit court clerk's filing fee, provided a certificate of insolvency has been obtained from the circuit court clerk as authorized by this section. The certificate of insolvency is based on the affidavit of plaintiff, verified by an attorney; and the clerk is not required to make an independent investigation of the plaintiff's insolvency. Op.Atty.Gen., 071-383, Dec. 3, 1971. 8. ---- Notice, certificate of indigency or insolvency There is no requirement that county, which will be compelled to pay costs if motion is granted, be given notice of an indigent's motion for an order or certificate of indigency so as to allow appeal without payment of costs. Hunter v. Chrysler Corp., App. 5 Dist., 565 So.2d 391 (1990). Appeal And Error 389(1) Deputy commissioner in workers' compensation case may properly issue a certificate for claimant to appeal as an indigent upon being satisfied of facial sufficiency of his motion and affidavits, without notice to other parties and without further inquiry through evidentiary hearing or otherwise. Miller v. Hospitality Care Center, App. 1 Dist., 431 So.2d 254 (1983). Workers' Compensation 1809 Insofar as this section relieved sheriff from duty of serving summons without fee in action for dissolution of marriage if indigent petitioner resided in another county, it denied petitioner due process of law, and in such case this section was to be given effect without regard to limitation. State ex rel. Shellman v. Norvell, App. 4 Dist., 270 So.2d 417 (1972). Constitutional Law 4020; Divorce 4 9. Discovery Plaintiff in civil action, who elected to be certified as insolvent so as to be entitled to waiver of court costs and fees, did not have privacy interest under State Constitution in his financial records for preceding three years which outweighed public interest in assuring that only those persons qualified were given benefits of waiver statute and thus plaintiff was required to comply with defendant's discovery request to produce records as relevant to issue of plaintiff's insolvency. Meyer v. Burgess, App. 1 Dist., 635 So.2d 82 (1994). Constitutional
West's F.S.A. 57.081 Page 15 Law 1229; Costs 132(5) Under statute for waiver of court costs and fees due to insolvency, requirement that applicant be unable to pay the charges otherwise payable by law, is a sufficiently definite standard and permits an inquiry as to whether affidavit and any other evidence available to court discloses assets or funds from which litigant can pay his costs. Meyer v. Burgess, App. 1 Dist., 635 So.2d 82 (1994). Costs 132(5) 10. Nature of proceedings--in general Indigency determinations in collateral criminal proceedings are to be made under statute pertaining to civil court costs. Perez v. State, App. 1 Dist., 963 So.2d 337 (2007). Costs 302 Indigent persons are not required to pay costs of pursuing legal actions in judicial and administrative proceedings, including appellate courts. Chappell v. Florida Dept. of Health and Rehabilitative Services, 419 So.2d 1051 (1982). Appeal And Error 389(1); Costs 128 11. ---- Administrative cases, nature of proceedings The District Court of Appeal does not have statutory authority to require an administrative agency to furnish a transcript of agency proceedings at its own expense, even though the petitioner for judicial review qualifies under statute as an insolvent or poverty stricken person for purpose of avoiding prepayment of court costs, filing fees and service of process fees. Harrell v. State, Dept. of Health and Rehabilitative Services, Division of Social and Economic Services, App. 4 Dist., 361 So.2d 715 (1978). Administrative Law And Procedure 726 12. ---- Support actions, nature of proceedings Provision of this section relative to the waiver of court costs, as amended in 1957, is the only law which permits the waiver of court costs in support actions instituted in this state when both parties reside in this state. 1959 Op.Atty.Gen. 059-102, June 3, 1959. Section 88.151(2), as amended in 1957 (a part of the Reciprocal Enforcement of Support Law), relative to the waiver of court costs and fees, applies only where a support action is maintained under the Reciprocal Enforcement of Support Law by a plaintiff residing in one state against a defendant residing in another state. 1959 Op.Atty.Gen. 059-102, June 3, 1959. 13. ---- Replevin bond, nature of proceedings
West's F.S.A. 57.081 Page 16 Small claims court was justified in refusing to consider state prison inmate's petition for writ of replevin for return of personal property taken from him at time of his original confinement, where prisoner failed to provide bond as required by statute in replevin action. Coonts v. State, App. 1 Dist., 219 So.2d 460 (1969). Replevin 33(1) 13.5. ---- Criminal proceedings, nature of proceedings Mandamus petitioner's challenge to loss of gain time amounted to collateral criminal proceeding, for purposes of determining propriety of appellate fee lien imposed by circuit court following petitioner's filing of petition for certiorari review of denial of mandamus relief. Parker v. McDonough, App. 1 Dist., 958 So.2d 1108 (2007). Costs 325 14. ---- Habeas corpus writs, nature of proceedings Trial court which issued writ of habeas corpus ad testificandum requiring sheriff to transport inmate from correctional facility to court house was not authorized to condition issuance of writ upon inmate's prepayment of reasonable costs incurred in transporting him. In re Keppro, App. 1 Dist., 573 So.2d 140 (1991). Witnesses 18 15. ---- Writs of mandamus, nature of proceeding Inmate's petition for writ of mandamus, which challenged constitutionality of statute precluding him from receiving basic gain time, was a collateral criminal proceeding, to which statute governing deferral of court costs in civil actions brought by indigent prisoners did not apply, and thus trial court that denied inmate's petition could not impose lien on inmate's trust account to recover the filing fees for inmate's appeal; inmate's petition, if successful, would directly affect the amount of time he spent in prison, in that he would be entitled to five years of additional gain time. Cox v. Crosby, App. 1 Dist., 27 So.3d 45 (2006), review granted 924 So.2d 809, rehearing denied, approved 997 So.2d 343. Costs 325 Prisoner's mandamus petition challenging disciplinary actions taken by the Department of Corrections (DOC) was a collateral criminal proceeding specifically exempted from statute authorizing imposition of liens on inmate trust accounts for costs incurred in prisoner's actions. Gaines v. McDonough, App. 1 Dist., 968 So.2d 95 (2007), review denied 983 So.2d 1154. Costs 325; Mandamus 190 Defendant's petition for writ of mandamus challenging disciplinary proceeding that resulted in loss of gain time was a collateral criminal proceeding, and thus lien on defendant's prison inmate trust account for satisfaction of court costs was not authorized. Woehrle v. McDonough, App. 1 Dist., 961 So.2d 1023 (2007). Costs 325
West's F.S.A. 57.081 Page 17 General indigency statutes did not authorize placement of lien on prisoner's trust account to satisfy court costs arising from his petition for writ of mandamus, seeking relief from disciplinary action; the proceeding challenged Department of Corrections (DOC) action causing a loss of gain-time and, hence, affected petitioner's sentence, and clerk of the circuit court certified that appellant was indigent. Walton v. McDonough, App. 1 Dist., 957 So.2d 69 (2007). Costs 325 Inmate's mandamus action, seeking to compel Department of Corrections to address merits of inmate's administrative grievance appeal, which Department had deemed untimely, was not a collateral criminal proceeding, and thus trial court was statutorily authorized to impose liens and partial prepayment obligations on inmate's trust account; if successful, inmate would obtain right to have his appeal heard by Department on the merits, but mandamus proceeding could not, in any way, directly affect inmate's time in prison. Scott v. McDonough, App. 1 Dist., 946 So.2d 1161 (2006), rehearing denied. Costs 325 Generally applicable provisions of indigency statute did not authorize mandamus court to place lien on indigent petitioner's inmate trust account to collect filing fees, where such authority was specifically afforded elsewhere in statute and legislature did not amend generally applicable provisions to authorize placement of liens on inmate trust accounts. Lopez v. McDonough, App. 1 Dist., 935 So.2d 47 (2006). Costs 283 Petition for writ of mandamus was collateral criminal proceeding, within exception to statutory grant of authority to trial court to place liens on inmate trust accounts for payment of court costs and fees, where petition challenged calculation of petitioner's tentative release date. Lopez v. McDonough, App. 1 Dist., 935 So.2d 47 (2006). Costs 325 Statute governing court costs for indigent persons in general, not statute governing court costs for indigent prisoners, applied to prisoner's mandamus action challenging prison disciplinary action, since it was collateral criminal proceeding, and therefore circuit court was not permitted to impose a lien on prisoner's trust account for court costs; statutory language of general indigency statute did not authorize imposition of a lien, and recent amendments to other court costs statutes permitting payment plans did not support state's theory that general indigency statute authorized liens, since payment plan was distinguishable from lien. Wagner v. McDonough, App. 1 Dist., 927 So.2d 216 (2006). Costs 128; Costs 283 Dismissal, by circuit court after transfer from District Court of Appeal, of inmate's petition for writ of mandamus, based on inmate's failure to comply with case management order by filing with circuit court a copy of the complaint for service upon each defendant, was not warranted, where District Court of Appeal had issued a certificate of indigency permitting inmate to proceed without prepayment of costs, and there was no evidence inmate's indigent status had changed. Esquivel v. Florida Dept. of Corrections, App. 1 Dist., 866 So.2d 156 (2004). Mandamus 169 State prisoner's double jeopardy claim in pro se habeas petition, that he was first acquitted after a disciplinary hearing of committing computer lab policy violation, but was later convicted of the alleged violation based on the same evidence at a second disciplinary hearing, was not procedurally defaulted, as would bar habeas review, based on Florida Supreme Court's dismissal of prisoner's petition for writ of mandamus challenging
West's F.S.A. 57.081 Page 18 same disciplinary proceeding; in denying mandamus relief, the Florida Supreme Court determined that the petition was barred because of prisoner's failure to comply with Florida's General Indigency Statute, but the Florida Supreme Court applied the General Indigency Statute to a prisoner's mandamus petition for the first time in prisoner's case, so that it was not a well-established state rule, and did not qualify as an adequate state procedural bar. Schmidt v. McNeil, C.A.11 (Fla.)2009, 354 Fed.Appx. 391, 2009 WL 3929577, Unreported. Habeas Corpus 403; Habeas Corpus 422 16. Service of process--notice by publication Application to indigents of statutes requiring that person seeking to adopt a child where the natural mother's whereabouts are unknown publish notice of the suit and bear the cost thereof unconstitutionally denies such persons access to the courts in matters where fundamental rights are involved and where no other means for securing those rights are available. Grissom v. Dade County, 293 So.2d 59 (1974), conformed to 294 So.2d 718. Adoption 3; Constitutional Law 1204 Fundamental right to have children, either through procreation or adoption, is so basic as to be inseparable from the right to enjoy and defend life and liberty and to pursue happiness and state may not deny access to courts to protect that right solely because of indigency. Grissom v. Dade County, 293 So.2d 59 (1974), conformed to 294 So.2d 718. Adoption 13; Constitutional Law 1094; Parent And Child 1 County was not required to pay cost of publication for indigent parent who wished to change names of minor children and could not obtain personal service of process on the missing parent. Dade County v. Womack, App. 3 Dist., 285 So.2d 441 (1973). Costs 128 17. ---- Notice by posting, service of process Section 49.10 authorizing service of process through posting rather than publication in marriage dissolution and certain other cases brought by indigents provides procedure reasonably calculated to provide actual notice of suit and is constitutional. Sheppard v. Sheppard, 329 So.2d 1 (1976). Divorce 4; Process 85 18. Recording of judgments An indigent may not utilize this section which allows insolvent and poverty-stricken persons having actionable claims or demands to receive services of the courts, sheriffs, and clerks of the county in which they reside without charge to record without charge a certified copy of a postjudgment order taxing costs, in that an indigent has no actionable claim or demand after judgment, and this section provides an indigent only with the essential services from the court, sheriffs and clerks in prosecution of the steps in a cause of action as opposed to steps beyond the cause of action. Ludlow v. Brinker, 403 So.2d 969 (1981). Costs 128
West's F.S.A. 57.081 Page 19 Under this section indigent persons holding certificates of insolvency are entitled to receive, without cost, the essential services from the courts, sheriffs and clerks in the prosecution of the steps in the cause of action as opposed to steps beyond the cause of action, i.e., after entry of judgment; therefore, the cost judgment procured by a person holding a certificate of insolvency is not recordable without prepayment of the prescribed filing fee. Brinker v. Ludlow, App. 3 Dist., 379 So.2d 999 (1980), approved 403 So.2d 969. Costs 128 19. Appellate proceedings--in general Trial court lacked statutory authority to impose lien on inmate trust account for payment of court costs and fees incurred on appeal from dismissal of inmate's petition for writ of mandamus challenging withholding of unearned gain time. Wheeler v. McDonough, App. 1 Dist., 957 So.2d 94 (2007). Costs 325 Counties do not have mandatory duty to disburse funds to pay appellate filing fees on behalf of indigent criminal defendants. Milligan v. Palm Beach County Bd. of County Com'rs, 704 So.2d 1050 (1998). Counties 139 Statute governing waiver of appellate fees for indigent person provides that when indigent person is represented by attorney person is not required to file affidavit, and that certificate of indigency filed by person's attorney is sufficient; statute differs from earlier version which required indigent person to file affidavit supported by certificate from person's attorney, but does not affect where such determination must be made or Chappell rule that order of insolvency from lower tribunal is required for waiver of appellate fees. Schwab v. Brevard County School Bd., App. 5 Dist., 650 So.2d 1099 (1995). Appeal And Error 389(3) Trial court was authorized to determine if defendant, who had been declared insolvent for purposes of appeal, had requested that appeal be filed; if defendant did not wish to appeal and appeal had been filed without his knowledge and consent, appeal was to be dismissed. Daniels v. State, App. 5 Dist., 441 So.2d 186 (1983). Criminal Law 1131(4) 20. ---- Civil cases, appellate proceedings Statute providing that indigent party shall receive enumerated services and any other cost of service arising out of pending litigation required court clerk to prepare record and furnish copy of index to indigent party. Alexander v. Bamash, App. 4 Dist., 814 So.2d 1211 (2002), review denied 842 So.2d 842. Costs 133 Fact that Supreme Court allowed an indigent petitioner to proceed in forma pauperis in that court upon compliance with this section providing for waiver of filing fees for indigent persons supported interpretation of the statute to include civil appeals within its scope, despite conflicting precedents and lack of any definite pronouncement on the issue by the Supreme Court. (Per Hersey, J., with two Justices concurring specially.) Fields v. Zinman, App. 4 Dist., 394 So.2d 1133 (1981), petition for review dismissed 417 So.2d 329. Appeal And Error 389(1)
West's F.S.A. 57.081 Page 20 Affidavits by members of the legislature as to what their subjective intent was in amending this section providing for waiver of filing fees of indigent persons did not enable District Court of Appeal to interpret that section, as amended, to include civil appeals within its scope, as even assuming such intent to include civil appeals was communicated to other members of the legislature, it did not rise to the level of evidence and had little probative force in the absence of ambiguity or conflict, which was not demonstrably present in that section. (Per Hersey, J., with two Justices concurring specially.) Fields v. Zinman, App. 4 Dist., 394 So.2d 1133 (1981), petition for review dismissed 417 So.2d 329. Statutes 216 Fact that Judicial Administration Rule 2.040 provided that a filing fee could not be exacted in advance where the party had been adjudicated insolvent for the purposes of an appeal supported conclusion that Supreme Court did not interpret this section providing for waiver of filing fees for indigent persons as limited to criminal appeals, as the phrase in appeals contained in the rule of judicial administration was not, though it could have been, phrased in criminal appeals. (Per Hersey, J., with two Justices concurring specially.) Fields v. Zinman, App. 4 Dist., 394 So.2d 1133 (1981), petition for review dismissed 417 So.2d 329. Appeal And Error 389(1) Where amendment to this section providing for waiver of filing fees for indigent persons, which amendment provided that such fees are waived for Any indigent person who is a party or intervenor in any judicial or administrative agency proceeding or who initiates such proceeding, does not include a specific reference to civil appeals, and where an earlier section of the committee report explicitly stated that the legislative intent would seem to have been to extend the scope of the statute horizontally, to bring in all types of actions, rather than vertically to include appellate proceedings, the amendment, by itself, did not extend the scope of the statute to include civil appeals. (Per Hersey, J., with two Justices concurring specially.) Fields v. Zinman, App. 4 Dist., 394 So.2d 1133 (1981), petition for review dismissed 417 So.2d 329. Appeal And Error 389(1) This section dealing with the right of indigents to proceed without prepayment of costs does not excuse an indigent from filing $50 appellate filing fee. McGriff v. McGriff, App. 3 Dist., 392 So.2d 914 (1980). Appeal And Error 389(1) Equal protection clause of U.S.C.A. Const. Amend. 14 does not require appellate court to waive all filing fees to indigents in appellate cases. McGriff v. McGriff, App. 3 Dist., 392 So.2d 914 (1980). Constitutional Law 3228 Authority existed under this section to permit indigent person to file an appeal without payment of fees or costs. Kleinschmidt v. Kleinschmidt's Estate, App. 3 Dist., 392 So.2d 66 (1981). Appeal And Error 389(1) This section governing right to proceed where prepayment of costs is waived encompasses appellate court proceedings. Chappell v. Florida Dept. of Health and Rehabilitative Services, App. 5 Dist., 391 So.2d 358 (1980). Appeal And Error 389(1)