(1) APPLICATION TO THE CLERK.—A person seeking appointment of an attorney in a civil case eligible for court-appointed counsel, or seeking relief from payment of filing fees and prepayment of costs under s. 57.081, based upon an inability to pay must apply to the clerk of the court for a determination of civil indigent status using an application form developed by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court.
(a) The application must include, at a minimum, the following financial information:
1. Net income, consisting of total salary and wages, minus deductions required by law, including court-ordered support payments.
2. Other income, including, but not limited to, social security benefits, union funds, veterans’ benefits, workers’ compensation, other regular support from absent family members, public or private employee pensions, reemployment assistance or unemployment compensation, dividends, interest, rent, trusts, and gifts.
3. Assets, including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in a boat or a motor vehicle or in other tangible property.
4. All liabilities and debts.
The application must include a signature by the applicant which attests to the truthfulness of the information provided. The application form developed by the corporation must include notice that the applicant may seek court review of a clerk’s determination that the applicant is not indigent, as provided in this section.
(b) The clerk shall assist a person who appears before the clerk and requests assistance in completing the application, and the clerk shall notify the court if a person is unable to complete the application after the clerk has provided assistance.
(c) The clerk shall accept an application that is signed by the applicant and submitted on his or her behalf by a private attorney who is representing the applicant in the applicable matter.
(d) A person who seeks appointment of an attorney in a proceeding under chapter 39, at shelter hearings or during the adjudicatory process, during the judicial review process, upon the filing of a petition to terminate parental rights, or upon the filing of any appeal, or if the person seeks appointment of an attorney in a reopened proceeding, for which an indigent person is eligible for court-appointed representation must pay a $50 application fee to the clerk for each application filed. A person is not required to pay more than one application fee per case. However, an appeal or the reopening of a proceeding shall be deemed to be a distinct case. The applicant must pay the fee within 7 days after submitting the application. If the applicant has not paid the fee within 7 days, the court shall enter an order requiring payment, and the clerk shall pursue collection under s. 28.246. The clerk shall transfer monthly all application fees collected under this paragraph to the Department of Revenue for deposit into the Indigent Civil Defense Trust Fund, to be used as appropriated by the Legislature. The clerk may retain 10 percent of application fees collected monthly for administrative costs prior to remitting the remainder to the Department of Revenue. If the person cannot pay the application fee, the clerk shall enroll the person in a payment plan pursuant to s. 28.246.
(2) DETERMINATION BY THE CLERK.—The clerk of the court shall determine whether an applicant seeking such designation is indigent based upon the information provided in the application and the criteria prescribed in this subsection.
(a)1. An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant’s income is equal to or below 200 percent of the then-current federal poverty guidelines prescribed for the size of the household of the applicant by the United States Department of Health and Human Services.
2. There is a presumption that the applicant is not indigent if the applicant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more, excluding the value of the person’s homestead and one vehicle having a net value not exceeding $5,000.
3. Notwithstanding the information provided by the applicant, the clerk may conduct a review of the property records for the county in which the applicant resides and the motor vehicle title records of this state to identify any property interests of the applicant under this paragraph. The clerk may evaluate and consider the results of the review in making a determination under this subsection. If a review is conducted, the clerk must maintain the results of the review in a file with the application and provide the file to the court if an applicant seeks review under subsection (4) of the clerk’s determination of indigent status.
(b) Based upon its review, the clerk shall make one of the following determinations:
1. The applicant is not indigent.
2. The applicant is indigent.
(c) If the clerk determines that the applicant is indigent, the clerk shall immediately file the determination in the case record.
(d) The duty of the clerk in determining whether an applicant is indigent is limited to receiving the application, conducting a review of records under subparagraph (a)3., and comparing the information provided in the application and identified in the review of records to the criteria prescribed in this subsection. The determination of indigent status is a ministerial act of the clerk and not a decision based on further investigation or the exercise of independent judgment by the clerk. The clerk may contract with third parties to perform functions assigned to the clerk under this section.
(e) The applicant may seek review of the clerk’s determination that the applicant is not indigent in the court having jurisdiction over the matter by filing a petition to review the clerk’s determination of nonindigent status, for which a filing fee may not be charged. If the applicant seeks review of the clerk’s determination of indigent status, the court shall make a final determination as provided in subsection (4).
(3) APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.—If the clerk of the court has not made a determination of indigent status at the time a person requests appointment of an attorney in a civil case eligible for court-appointed counsel, the court shall make a preliminary determination of indigent status, pending further review by the clerk, and may, by court order, appoint counsel on an interim basis.
(4) REVIEW OF THE CLERK’S DETERMINATION.—
(a) If the clerk of the court determines that the applicant is not indigent and the applicant seeks review of the clerk’s determination, the court shall make a final determination of indigent status by reviewing the information provided in the application against the criteria prescribed in subsection (2) and by considering the following additional factors:
1. Whether paying for private counsel or other fees and costs creates a substantial hardship for the applicant or the applicant’s family.
2. Whether the applicant is proceeding pro se or is represented by a private attorney for a fee or on a pro bono basis.
3. When the applicant retained private counsel.
4. The amount of any attorney’s fees and who is paying the fees.
5. Any other relevant financial circumstances of the applicant or the applicant’s family.
(b) Based upon its review, the court shall make one of the following determinations and shall, if appropriate, appoint counsel:
1. The applicant is not indigent.
2. The applicant is indigent.
(5) APPOINTMENT OF COUNSEL.—In appointing counsel after a determination that a person is indigent under this section, the court shall first appoint the office of criminal conflict and civil regional counsel, as provided in s. 27.511, unless specific provision is made in law for the appointment of the public defender in the particular civil proceeding. The court shall also order the person to pay the application fee under subsection (1), or enroll in a payment plan if he or she is unable to pay the fee, if the fee remains unpaid or if the person has not enrolled in a payment plan at the time the court appoints counsel. However, a person who is found to be indigent may not be refused counsel.
(6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the clerk or the court determines is indigent for civil proceedings under this section shall be enrolled in a payment plan under s. 28.246 and shall be charged a one-time administrative processing charge under s. 28.24(27)(c). A monthly payment amount, calculated based upon all fees and all anticipated costs, is presumed to correspond to the person’s ability to pay if it does not exceed 2 percent of the person’s annual net income, as defined in subsection (1), divided by 12. The person may seek review of the clerk’s decisions regarding a payment plan established under s. 28.246 in the court having jurisdiction over the matter. A case may not be impeded in any way, delayed in filing, or delayed in its progress, including the final hearing and order, due to nonpayment of any fees or costs by an indigent person. Filing fees waived from payment under s. 57.081 may not be included in the calculation related to a payment plan established under this section.
(a) If the court learns of discrepancies between the application and the actual financial status of the person found to be indigent, the court shall determine whether the status and any relief provided as a result of that status shall be revoked. The person may be heard regarding the information learned by the court. If the court, based on the information, determines that the person is not indigent, the court shall revoke the provision of any relief under this section.
(b) If the court has reason to believe that any applicant, through fraud or misrepresentation, was improperly determined to be indigent, the matter shall be referred to the state attorney. Twenty-five percent of any amount recovered by the state attorney as reasonable value of the services rendered, including fees, charges, and costs paid by the state on the person’s behalf, shall be remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund of the applicable state attorney. Seventy-five percent of any amount recovered shall be remitted to the Department of Revenue for deposit into the General Revenue Fund.
(c) A person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
...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)....
...counsel under "the Federal or State Constitution or as authorized by general law"). Neither of the fathers in these two cases appeared at any stage of the proceedings below. Thus, no determination of indigency was possible as to either of them. See § 57.082, Fla....
...Section 57.011 does not provide the non-resident plaintiff with an alternative to filing the cost bond. In its order granting Appellee's motion to dismiss, the trial court appears to offer an alternative to filing the cost bond. The trial court instructed Appellants to either post the bond or proceed under section 57.082. Section 57.082, however, is not an option for Appellants because it does not apply to cost bonds....
...d the court to enter an order “adjudging him insolvent.” Appellee’s primary argument asserted against appellant’s appeal is that appellant’s filing of a “mere motion attaching indigency forms,” without specifically seeking relief under section 57.082(4), Florida Statutes, was insufficient to preserve the issue because it failed to apprise the lower court that appellant was seeking review of the clerk’s determination....
...2d DCA 1992) (observing that the pleadings of pro se inmates should be viewed with leniency)). Indeed, applying leniency in appellant’s case is made all the more compelling because appellant’s right to seek review of the clerk’s determination of indi-gency does not derive from section 57.082(4), which applies only to “[a] person seeking ... relief from payment of filing fees under s. 57.081 .... ” § 57.082(1), Florida Statutes....
...The petition for writ of mandamus in Walker challenged the loss of gain time and, accordingly, was considered to be a collateral criminal proceeding. Id. at 1135 . Consequently, the issue of Walker's indigent status was controlled by sections 57.081 and 57.082, Florida *383 Statutes. The clerk of court found Walker not to be indigent, but instead of seeking judicial review under section 57.082(2)(e) and (4), he sought a final judgment of dismissal and appealed same to the Second District Court of Appeal....
...The Florida Clerks of Court Operations Corporation has submitted for the Court’s approval a revised Application for Criminal Indigent Status form. We have jurisdiction. Art. V, §§ 2(a), 15, Fla. Const.; R. Regulating Fla. Bar 10-2.1(a). Sections 27.52 and 57.082, Florida Statutes (2008), require a person seeking to be declared indigent in a criminal or civil proceeding to apply to the clerk of court for determination of indigent status using an application form “developed by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court.” § 27.52(1), Fla. Stat. (2008); § 57.082(1), Fla....
Cited 1 times | Published | Supreme Court of Florida | 2005 WL 1530359
...onform Rules to 2004 Legislation, 900 So.2d 528 (Fla.2005), the Court adopted the affidavit of indigent status form as Florida Rule of Criminal Procedure 3.984. During the 2005 regular session, the Legislature again amended section 27.52 and created section 57.082, Florida Statutes, which require a person seeking to be declared indigent in a criminal or civil proceeding to apply to the clerk of court for determination of indigent status using an application form "developed by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court." See ch. 2005-236, § 3, Laws of Fla. (amending § 27.52, Fla. Stat.); ch. 2005-236, § 35, Laws of Fla. (creating § 57.082, Fla....
...In accordance with the 2005 legislation, the Court hereby approves the attached Application for Determination of Civil Indigent Status form and Application for Criminal Indigent Status form for use by the clerks of court in conjunction with sections 57.081 and 57.082, Florida Statutes....
...I have a total amount of liabilities and debts in the amount of $________, 6. I have a private lawyer in this case ............... Yes No A person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under s. 57.082, F.S....
...ed by the clerk to be Not Indigent, you may seek judicial review by filing a petition with the court. CLERK'S DETERMINATION Based on the information in this Application, I have determined the applicant to be () Indigent () Not Indigent, according to s. 57.082, F.S....
...uthorize his effective parole release date. If a prisoner is not required to proceed under section 57.085, Florida Statutes, he may be permitted to proceed as an indigent pursuant to section 57.081, Florida Statutes, the "general indigency statute." Section 57.082 details the information that a petitioner is required to supply to the clerk of the court as part of his affidavit of indigency under the general indigency statute....
Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 678, 2007 Fla. LEXIS 1956
...See In re Approval of Application for Determination of Indigent Status Forms, 910 So.2d 194 (Fla.2005). The forms were developed by the Clerks Corporation and submitted to the Court for “final approval”, pursuant to chapter 2005-236, sections 3 and 35, Laws of Florida (now codified as sections 27.52 and 57.082, Florida Statutes (2006), respectively)....
...approved by this Court; however, we remind users of the form that only clerks of court and third parties with whom the clerk has contracted to perform functions assigned by the clerk are authorized to assist individuals in completing this form. See § 57.082(1)(b), Fla....
Published | Florida 1st District Court of Appeal | 2007 WL 4105385
...We have held that section 57.081 does not contain specific language authorizing imposition of a lien on a prisoner's trust account. See Cason v. Crosby, 892 So.2d 536, 537 (Fla. 1st DCA 2005). The circuit court determined that a lien on Petitioner's prison trust account was authorized under section 57.082, Florida Statutes....
...Rather than seek judicial review of the clerk’s determination, Walker sought a petition for certiorari from this court and then moved the trial court to enter final judgment, which the court did on September 5, 2006, for failure to pay the filing fee. Section 57.082(2)(e), Florida Statutes (2006), specifically provides: The applicant may seek review of the clerk’s determination that the applicant is not indigent ......
...In addition to the statute, the application for determination of civil indigency also explicitly advised Walker of his right to seek judicial review. However, Walker never sought such judicial review, and there is no indication that the trial court ever undertook the review envisioned by section 57.082(4)....
Published | Florida 2nd District Court of Appeal | 2014 WL 1227172
...Spaziano, 48 So.3d 714, 717 (Fla.2010) (interpreting the 2009 version of the statute, which is substantially similar to the 2012 version at issue). Section 57.081(1) provides in pertinent part that “[a] party who has obtained a certification of indigence pursuant to s. 27.52 or s. 57.082 with respect to a proceeding is not required to prepay costs to a court, clerk, or sheriff and is not required to pay filing fees or charges for issuance of a summons.” (Emphasis added.) Thus, under section 57.081, an individual who is found to be indigent will not be required to pay the filing fee and such a fee may not be included in the calculation related to a payment plan. See § 57.082(6) (“A person who the clerk or the court determines is indigent for civil proceedings under this section shall be enrolled in a payment plan under s....
...The court
also stated that because Whited’s challenge was a collateral criminal proceeding:
The Clerk of Court erroneously processed the petitioner’s indigency
paperwork under Section 57.085, Florida Statutes, when it should
have been processed under Section 57.082, Florida Statutes.
The court notes that, although collateral criminal proceedings
are exempt from the lien requirements of Section 57.085, Florida
Statutes, such cases are “not free from costs.” Schmidt v.
McDonough, 951 So....
...this case, and the circuit court’s order attempts to circumvent this court’s mandate
which clearly stated that appellant was exempt from filing fees. As discussed
below, the trial court correctly held that appellant was still subject to a payment
plan for court costs under section 57.082, and potentially a payment plan under
section 28.246; however, the court erred in finding a lien could again be placed on
the inmate trust account and that appellant incurred a filing fee....
...1
The general indigency statute, section 57.081(1), Florida Statutes, states that
“[a]ny indigent person, except a prisoner as defined in section 57.085 . . . . is not
required to prepay costs” and “is not required to pay filing fees.” (Emphasis
added). In order to pay costs for which prepayment was waived, section 57.082(6),
Florida Statutes, states that indigent persons shall be entered into a payment plan as
provided in section 28.246....
...proceeding, from which the Legislature has exempted the lien provision of section
57.085. Id. at 724.
Pursuant to Schmidt and Spaziano, the trial court here did not err in finding
that appellant’s filing “should have been processed under Section 57.082,” which
could result in a payment plan under section 28.246. Schmidt clearly held that if
“‘(section 57.085) does not apply . . . the general indigency statute (section 57.081)
does.’” Schmidt, 951 So. 2d at 802 (quoting Crusoe, 878 So. 2d at 367 n.7).
Further, section 57.082(6) imposes a payment plan to recover the costs for which
prepayment is waived under section 57.081.
However, the circuit court erred in concluding that the payment plan
required by section 28.246 “might result in a lien impo...
...circuit] court’s filing fee by initiating these proceedings.” Section 57.081 waives
the filing fee. See § 57.081(1), Fla. Stat. (“Any indigent person, . . . . is not
required to prepay costs . . . and is not required to pay filing fees . . . .”). Section
57.082 specifies that “[f]iling fees waived from payment under s. 57.081 may not
be included in the calculation related to a payment plan . . . .” § 57.082(6), Fla.
Stat....
