RULE 9.430. PROCEEDINGS BY INDIGENTS

(a) Appeals. A party who has the right to seek review by
appeal without payment of costs must, unless the court directs
otherwise, file a signed application for determination of indigent
status with the clerk of the lower tribunal, using an application
form approved by the supreme court for use by clerks of the lower
tribunal. The clerk of the lower tribunal’s reasons for denying the
application must be stated in writing and are reviewable by the
lower tribunal. Review of decisions by the lower tribunal will be by
motion filed in the court.

(b) Appeals and Discretionary Reviews in the Supreme
Court. The supreme court may, in its discretion, presume that any
party who has been declared indigent for purposes of proceedings
by the lower tribunal remains indigent, in the absence of evidence
to the contrary. Any party not previously declared indigent who
seeks review by appeal or discretionary review without the payment
of costs may, unless the supreme court directs otherwise, file with
the supreme court a motion to proceed in forma pauperis. If the
motion is granted, the party may proceed without further
application to the supreme court.

(c) Original Proceedings. A party who seeks review by an
original proceeding under rule 9.100 without the payment of costs
must, unless the court directs otherwise, file with the court a
motion to proceed in forma pauperis. If the motion is granted, the
party may proceed without further application to the court.

(d) Incarcerated Parties.
(1) Presumptions. In the absence of evidence to the
contrary, a court may, in its discretion, presume that:

(A) assertions in an application for determination
of indigent status filed by an incarcerated party under this rule are
true; and

(B) in cases involving criminal or collateral
criminal proceedings, an incarcerated party who has been declared
indigent for purposes of proceedings in the lower tribunal remains
indigent.

(2) Non-Criminal Proceedings. Except in cases involving
criminal or collateral proceedings, an application for determination
of indigent status filed under this rule by a person who has been
convicted of a crime and is incarcerated for that crime or who is
being held in custody pending extradition or sentencing must
contain substantially the same information as required by an
application form approved by the supreme court for use by clerks of
the lower tribunal. The determination of whether the case involves
an appeal from an original criminal or collateral proceeding depends
on the substance of the issues raised and not on the form or title of
the petition or complaint. In these non-criminal cases, the clerk of
the lower tribunal must, to the extent required by general law,
require the party to make a partial prepayment of court costs or
fees and to make continued partial payments until the full amount
is paid.

(e) Parties in Juvenile Dependency and Termination of
Parental Rights Cases; Presumption. In cases involving
dependency or termination of parental rights, a court may, in its
discretion, presume that any party who has been declared indigent
for purposes of proceedings by the lower tribunal remains indigent,
in the absence of evidence to the contrary.

Committee Notes

1977 Adoption. This rule governs the manner in which an
indigent may proceed with an appeal without payment of fees or
costs and without bond. Adverse rulings by the lower tribunal must
state in writing the reasons for denial. Provision is made for review
by motion. Such motion may be made without the filing of fees as
long as a notice has been filed, the filing of fees not being
jurisdictional. This rule is not intended to expand the rights of
indigents to proceed with an appeal without payment of fees or
costs. The existence of such rights is a matter governed by
substantive law.

2008 Amendment. Subdivision (b) was created to differentiate
the treatment of original proceedings from appeals under this rule.
Each subdivision was further amended to comply with statutory
amendments to section 27.52, Florida Statutes, the legislature’s
enactment of section 57.082, Florida Statutes, and the Florida
Supreme Court’s opinion in In re Approval of Application for
Determination of Indigent Status Forms for Use by Clerks, 910 So. 2d
194 (Fla. 2005).