Florida/Georgia Personal Injury & Workers Compensation

...e itself, is limited to that context. [12] As drafted, there is only one exception to the prepayment and lien requirements of the prisoner indigency statute: "This section does not apply to a criminal proceeding or a collateral criminal proceeding." § 57.085(10), Fla....

...sentence. Schmidt filed a mandamus petition in the circuit court contesting the forfeiture. The circuit court sought a filing fee or an affidavit of indigency and a printout of Schmidt's inmate account pursuant to the Prisoner Indigency Statute. See § 57.085, Fla. Stat. (2002). Schmidt responded that he was not subject to these requirements because his petition was not a civil lawsuit, but rather was a "collateral criminal proceeding" exempted under the statute. See § 57.085(10), Fla....

...of cases it covers continue to arise. The fact that we may need to examine and interpret the statute in order to determine whether there is such a right does not make the right any more or less "clear." II. The Merits The Prisoner Indigency Statute, section 57.085, Florida Statutes (2002), was enacted as part of an act which created or amended several statutory provisions for the purpose of reducing unnecessary or frivolous prisoner filings. See ch. 96-106, Laws of Fla. [2] Before the enactment of the Prisoner Indigency Statute, indigent prisoners, like all other indigent persons, could file civil lawsuits without the payment of a filing fee and other court costs. However, section 57.085, Florida Statutes (2002), the *364 Prisoner Indigency Statute, now provides that while an indigent inmate may still initiate a civil lawsuit without first paying a filing fee, a lien may be placed on the inmate's account, and if any money is deposited in the account, a portion of the filing fee is deducted each month until the filing fee is paid in full. The statute specifically excludes "criminal" and "collateral criminal proceedings," see § 57.085(10), Fla....

...Keane, 90 F.3d 676, 678 (2d Cir.1996) (same with respect to habeas corpus actions). A review of Florida's legislative history shows that our Legislature had an intent almost identical to that of Congress when enacting its version of the Prisoner Indigency Statute. Section 57.085 was created pursuant to chapter 96-106, Laws of Florida....

...The defendant in this proceeding is not contesting his actual loss of gain time — he is contesting whether a court filing fee should be paid. This case involves an issue of statutory interpretation, as is plainly seen in the majority opinion's analysis of what section 57.085, Florida Statutes, includes and what it does not include....

...28, 1996, at D6 (reporting that "enough is enough" and that legislators had authorized new law deterring frivolous lawsuits such as the one where an inmate sued because his dinner was served on paper plates instead of fine china). [7] Because the Prisoner Indigency Statute (section 57.085) does not apply herein, the general indigency statute (section 57.081) does....

...Squire and Charlie McCoy, Assistant Attorneys General, Tallahassee, FL, for Respondent. PER CURIAM. Marshall Mitchell petitions this Court for writ of mandamus. We have jurisdiction. Art. V, § 3(b)(8), Fla. Const. While we recently struck down the copy requirement portion of section 57.085, Florida Statutes (1999) (hereinafter the Prisoner Indigency Statute), in Jackson v....

...as required to preserve the issue for appellate review. [9] Inmates will have to pay a portion of the filing fee in advance if able and make installment payments toward the full filing fee if and when any funds are deposited into their accounts. See § 57.085(4)—(5), Fla.Stat....

...he appellate filing fee ($130.00) assessed by the circuit court. We grant appellant's motion and vacate the circuit court's order of indigency to the extent that it imposes a lien on appellant's inmate trust account. In 1996, the legislature enacted section 57.085, the prisoner indigency statute, in order to reduce unnecessary or frivolous prisoner filings. See Geffken v. Strickler, 778 So.2d 975 (Fla.2001); ch. 96-106, Laws of Fla. Section 57.085 provides that an indigent prisoner may initiate civil lawsuits without prepayment of filing fees but specifically provides that a lien may be placed on the prisoner's trust account until the fee is paid in full....

...However, the statute specifically exempts "collateral criminal proceedings" from its provisions. Recently, the supreme court in Schmidt held that cases such as the instant one, where the prisoner challenges the loss of gain-time, are collateral criminal proceedings and are exempt from section 57.085. Schmidt, 878 So.2d at 367. Therefore, the general indigency statute, section 57.081, applies. Id. at 367 n. 7. Prior to the 1996 enactment of section 57.085, prisoners asserting indigency fell under the general indigency statute, section 57.081....

...urt services. Section 57.081(3) states that, if the indigent person prevails, "costs shall be taxed in his or her favor and, when collected, shall be applied to pay costs which otherwise would have been required and which have not been paid." Unlike section 57.085, section 57.081 does not specifically state that a lien may be placed on a prisoner's trust account to collect the filing fees....

...It is a general canon of statutory construction that, when the legislature includes particular language in one section of a statute but not in another section of the same statute, the omitted language is presumed to have been excluded intentionally. Beach v. Great Western Bank, 692 So.2d 146 (Fla.1997). At the time section 57.085 was enacted and collateral criminal proceedings were exempted from its reach, the legislature could have amended section 57.081 to provide for collection of filing fees upon appellant's future ability to pay....

...As a lien may only be imposed by contract or by operation of law, the trial court erred in placing a lien on appellant's account. Furthermore, as noted by the supreme court in Geffken, collateral criminal proceedings are exempted even from the partial payment provisions of section 57.085....

...proceed. We write now to address this Court's jurisdiction to review these orders. In the underlying mandamus action, in which the appellant challenged a quasi-judicial administrative disciplinary action, the circuit court imposed a lien pursuant to section 57.085, Florida Statutes, on the appellant's inmate trust account to recover court costs and fees....

...The appellant's mandamus petition was denied by the circuit court on September 12, 2006. Rather than seeking review of the lien order before this Court following the disposition of the mandamus action, the appellant filed a Motion Seeking Relief from an Order Imposing a Lien on Petitioner Trust Account Pursuant to Section 57.085, Florida Statutes....

...nt as a vehicle to challenge the interlocutory lien order. Hampton v. McDonough, 967 So.2d 317 (Fla. 1st DCA 2007). The relief sought by the appellant in his Motion Seeking Relief from an Order Imposing a Lien on Petitioner Trust Account Pursuant to Section 57.085, Florida Statutes, was in the nature of rehearing of the circuit court's order denying mandamus relief, as well as all prior rulings....

...red on motions filed under Florida Rule of Civil Procedure 1.540. Henceforth, where an appellant has sought review of an order denying a motion seeking post-appellate rehearing of an interlocutory ruling, such as the imposition of a lien pursuant to section 57.085, Florida Statutes, the Court will treat the appeals as seeking review of an order denying a motion for rehearing filed pursuant to Florida Rule of Appellate Procedure 9.330....

...See Kalway v. State, 730 So.2d 861, 862 (Fla. 1st DCA 1999) (holding that when a statute has procedural elements, the court must then decide whether those elements impermissibly intrude upon the procedural practice of the courts). At issue in Kalway was section 57.085, Florida Statutes (1997), which required Kalway to file information showing activity in his prisoner bank account pursuant to his request for indigency status....

...The minimal procedural aspect of the statute was proper in order to implement the substantive law, and the procedural aspect did not conflict with any existing court rule nor did it bar the Supreme Court from adopting specific rules designed to carry out the substantive goal of section 57.085. Although we found in Kalway that section 57.085 did intrude on the practice and procedure of the courts, it did not "impermissibly" do so....

...ns ("the Department"). On April 23, 1998, this Court granted Jackson's motion for leave to proceed in forma pauperis. However, upon further review, it came to this Court's attention that Jackson had not complied with the requirements of section *383 57.085(7), Florida Statutes (1997) [1] (Prisoner Indigency Statute), which provides in full: A prisoner who has twice in the preceding 3 years been adjudicated indigent under this section, certified indigent under s....

...Accordingly, on September 18, 1998, this Court vacated its earlier order granting Jackson's motion to proceed in forma pauperis and denied the motion. This Court instructed Jackson that the denial was without prejudice to his filing another motion for leave to proceed in forma pauperis which complied with the requirements of section 57.085(7)....

...We also noted that the right could be properly limited by the Legislature, including a requirement that inmates contribute toward the costs of their lawsuits and ultimately pay for the lawsuits in full if they subsequently become able to do so. See § 57.085(5), Fla.Stat....

...clare *386 the copy requirement portion of the Prisoner Indigency Statute void and state that the judiciary will not comply with it or require that inmates comply with it. Accordingly, we find the copy requirement portion (only) of subsection (7) of section 57.085 to be unconstitutional as a violation of separation of powers and as a usurpation of our exclusive rulemaking authority....

...[2] The statute also provides for circumstances under which a court may determine that an inmate is only partially indigent. In such circumstances, the court may require the inmate to pay a reduced payment at the time of filing and then make periodic payments toward the full payment of the filing fee. See § 57.085(4), Fla....

...Thus, it is a collateral criminal proceeding in which indigency determinations are to be made in accordance with section 57.081, Florida Statutes. Schmidt v. Crusoe, 878 So.2d 361 (Fla. 2003). In Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005), this court noted that section 57.081, unlike section 57.085, does not contain statutory language authorizing imposition of a lien and found that a lien in this circumstance was not permissible....

...A payment plan is to be distinguished from a lien, which is a qualified right or proprietary interest which may be exercised over the property of another. City of Sanford v. McClelland, 121 Fla. 253, 163 So. 513 (1935). The Florida Legislature has demonstrated in section 57.085(5) its awareness of the language necessary to authorize imposition of a lien, and such language does not appear in section 57.081 or the other statutes relied upon by appellee in opposing appellant's motion for review....

...June 23, 2005. Donald S. Baldwin, petitioner, pro se. No appearance for respondent. *251 PER CURIAM. By petition for writ of mandamus, Donald S. Baldwin seeks an order compelling the circuit court to remove a lien placed on his inmate trust account pursuant to section 57.085, Florida Statutes, and the restoration of all funds collected pursuant to that lien....

...See § 944.28(2)(a), Fla. Stat. (1999); ch. 96-106, § 6, Laws of Fla. In addition, the same act amended the statute that regulates pleadings filed by indigents to exclude prisoners, and created a new indigency statute for prisoner filings. See §§ 57.081, 57.085, Fla....

...96-106, § 1, 2, at 93-95. Quite importantly, these amendments, except the disciplinary forfeiture provision of section 944.28(2)(a), provide that the restrictions do not apply to a "criminal proceeding or a collateral criminal proceeding." See §§ 944.279(2), 57.085(10), Fla....

...5th DCA 1997), where it found that the new prisoner statute (which was part of the same act) does not apply to 3.850 motions because they are collateral criminal proceedings, and are specifically excluded from the new prisoner indigency statute. [4] Id.; see also § 57.085(10), Fla....

...to a sentence in a criminal proceeding because the end result is the same—the inmate's time in prison is directly affected" (emphasis added). Id. at 369. The bulk of the analysis section in Schmidt focuses on the Florida Prisoner Indigency Statute, section 57.085, Florida Statutes (2002), and the similar federal Prison Litigation Reform Act of 1995....

...[1] We have jurisdiction to consider such petitions pursuant to article V, section 3(b)(8) of the Florida Constitution. Before we proceed to the merits of the petition, we must determine whether petitioner is subject to the partial payment provisions of section 57.085, Florida Statutes (1999) (hereinafter the Prisoner Indigency Statute)....

...ANALYSIS The Prisoner Indigency Statute provides, inter alia, that inmates who do not have sufficient funds to pay for certain types of lawsuits in full upon filing must pay for their lawsuits in installments if and when any funds are deposited into their inmate accounts. See § 57.085, Fla. Stat. (1999). [3] The statute, however, specifically exempts "collateral criminal proceedings" from its provisions. See § 57.085(10), Fla....

...5th DCA 1997), that the Prisoner Indigency Statute does not apply to postconviction motions because they are collateral criminal proceedings. Like the sanction statutes, the Prisoner Indigency Statute provides that it does not apply to a "criminal proceeding or a collateral criminal proceeding." See § 57.085(10), Fla....

...(statutory authority for the Department of Corrections to subject a prisoner to gain time forfeiture when court finds that an inmate filed an improper lawsuit), it amended the statute that regulates pleadings filed by indigents to exclude prisoners, and created a new indigency statute for prisoner filings. See §§ 57.081, 57.085, Fla....

...entire filing fee has been paid. The statute also provides for a partial payment "up front" if the court determines that the inmate is unable to pay the entire filing fee at the time of filing but is able to pay some portion of it at that time. See § 57.085(4), Fla....

...er concerning the use of a computer in his computer class. He sought return of sixty days gain time and reinstatement into the class. After the court issued an order requiring him to pay a filing fee or to comply with the prisoner indigency statute, section 57.085, Florida Statutes (2001), *799 he filed a motion to exempt his petition from the filing fee requirement....

...The district court dismissed his prohibition petition after he failed to respond to the court's order to pay a filing fee for the district court proceeding, and the circuit court dismissed his mandamus petition after he failed to comply with that court's order to pay a filing fee or to comply with section 57.085. Schmidt appealed the circuit court ruling, and the district court issued an order requiring him to pay an appellate filing fee or to comply with either section 57.081, Florida Statutes (2001), or section 57.085....

...chmidt's mandamus petition in a different case, wherein the Court ultimately ruled that a prisoner's mandamus petition challenging the loss of gain time is a "collateral criminal proceeding" and is exempt from the prepayment and lien requirements of section 57.085....

...After Schmidt was decided, the Court issued an order in the present case asking the State to respond to Schmidt's current petition. The State now has responded, and Schmidt has replied. Schmidt claims he is not required to comply with the certification requirements of section 57.081 or the prepayment and lien requirements of section 57.085....

...erally may be filed free of filing fees and other court costs, many prisoner filings are subject to such costs. See, e.g., §§ 34.041, 35.22, Fla. Stat. (2005). Both the general indigency statute, section 57.081, and the prisoner indigency statute, section 57.085, apply only to those filings that are not free of costs....

...Florida's general indigency statute, section 57.081, was enacted in 1937 and contains a certification requirement for indigents: 57.081. Costs; right to proceed where prepayment of costs 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 ....

...ation of indigence in accordance with s. 27.52 or s. 57.082. [1] *800 § 57.081, Fla. Stat. (2005) (emphasis added). Thus, under this statute, if a person is certified as indigent, the prepayment of costs is "waived." The prisoner indigency statute, section 57.085, on the other hand, was enacted in 1996 and was intended to supplant the general indigency statute for most purposes where prisoners' civil filings are concerned, see ch. 96-106, at 92-93, Laws of Fla. The statute provides as follows in relevant part: 57.085....

...rd the money, when the balance exceeds $10, to the appropriate clerk of the court until the *801 prisoner's court costs and fees are paid in full. . . . . (10) This section does not apply to a criminal proceeding or a collateral criminal proceeding. § 57.085, Fla....

...sentence. Schmidt filed a mandamus petition in the circuit court contesting the forfeiture. The circuit court sought a filing fee or an affidavit of indigency and a printout of Schmidt's inmate account pursuant to the Prisoner Indigency Statute. See § 57.085, Fla. State. (2002). Schmidt responded that he was not subject to these requirements because his petition was not a civil lawsuit, but rather was a "collateral criminal proceeding" exempted under the statute. See § 57.085(10), Fla....

...THE PRESENT CASE In the present case, Schmidt asks the Court to compel the district court to reinstate his appeal. First, he claims that he is not required to comply with the *802 certification requirements of section 57.081 or the prepayment and lien requirements of section 57.085 because his underlying mandamus petition is a "collateral criminal proceeding" and is in the nature of a habeas petition. We agree, but only in part. As for this claim with respect to section 57.085, Schmidt is correct concerning the gain time issue. As noted above, the Court in Schmidt held that a mandamus petition challenging the revocation of gain time is a "collateral criminal proceeding" and is exempt from the prepayment and lien requirements of section 57.085....

...ute. Schmidt, 878 So.2d at 361-62 (emphasis added). In fact, the Court in footnote 7 specifically stated that the general indigency statute, section 57.081, is applicable to gain time claims such as Schmidt's: Because the Prisoner Indigency Statute (section 57.085) does not apply herein, the general indigency statute (section 57.081) does....

...Schmidt's argument that footnote 7 conflicts with the plain language of section 57.081, which excepts prisoners' filings from its scope, also lacks merit. The language in section 57.081 excepting prisoners' filings applies only to those filings that are otherwise subject to the prepayment and lien requirements of section 57.085, which is not the situation in the present case: (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 ....

...to be reinstated into the prison computer class, which are unrelated to the length of time an inmate serves in prison. Also, exempting "mixed" *803 petitions from the requirements of the prisoner indigency statute would violate the plain language of section 57.085, which provides for a single exception to its prepayment and lien requirements: "This section does not apply to a criminal proceeding or a collateral criminal proceeding." § 57.085(10), Fla. Stat. (2005). The statute makes no exception for prisoners' civil claims, whether standing alone or piggy-backed onto gain time claims. Further, the original purpose of section 57.085 was to discourage the filing of frivolous civil claims by prisoners, see ch. 96-106, preamble, at 92-93, Laws of Fla. If the Court were to hold that "mixed" petitions are exempt from the prepayment and lien requirements of section 57.085, such a ruling would undermine that purpose by inviting the filing of frivolous civil claims that are piggy-backed onto gain time claims....

...CONCLUSION Based on the foregoing, we hold that the filing of a mandamus petition raising a gain time claim is not free of costs, and that although such petitions are exempt from the prepayment and lien requirements of the prisoner indigency statute, section 57.085, they continue to be subject to the certification requirements of the general indigency statute, section 57.081....

...Bill McCollum, Attorney General, and Chris Korn, Assistant Attorney General, Tallahassee, for Appellee. ROBERTS, J. Petitioner Charles Kemp, a state prisoner, seeks a writ of certiorari overturning the circuit court's denial of a petition for writ of mandamus and the imposition of a lien on his prisoner account under section 57.085, Florida Statutes (2006)....

...t responded to petitioner with a "Clerk's Response to Action Filed Without Prepayment of Filing Fee." In that response, the clerk recited that petitioner "has requested to proceed in this action without prepayment of court costs and fees pursuant to section 57.085, Florida Statutes," and required petitioner to provide a "Prisoner Affidavit of Indigency." Petitioner filed the required affidavit on March 9, 2006. [1] On March 23, 2006, the clerk filed a Certificate of Indigence "pursuant to 57.085, Florida Statutes." Based on this certificate, the circuit court found petitioner to be indigent under section 57.085 and ordered the Department to place a lien on petitioner's account in the amount of $280.00....

...andamus. In that petition, he seeks to quash the order to impose the lien and the reimbursement of funds removed from his trust account pursuant to the lien. The challenge to computation of his gain time was abandoned. Prior to the 1996 enactment of section 57.085, prisoners asserting indigency fell under the general indigency statute, section 57.081, Florida Statutes....

...The general *637 indigency statute provides that persons meeting the indigency requirements are permitted to have their cases heard without payment of the filing fee. See Geffken v. Strickler, 778 So.2d 975 (Fla.2001). In 1996, the legislature enacted section 57.085 to provide that indigent prisoners who file suits will have a lien placed on their prisoner trust accounts to satisfy the filing fee. A provision in section 57.085 provides that the section does not apply to "criminal or collateral criminal" proceedings....

...hat "he was not subject to those requirements because his petition was not a civil lawsuit, but rather was a `collateral criminal proceeding.'" Id. at 362. This court recognized the need for a motion requesting relief from the lower tribunal where a section 57.085 lien was erroneously placed on a prisoner trust account in Baldwin v. Crosby, 905 So.2d 250 (Fla. 1st DCA 2005). This court, subsequent to Baldwin, reiterated the need for a proper motion to put the erroneous entry of a section 57.085 lien before the lower tribunal. Lopez v. McDonough, 935 So.2d 47 (Fla. 1st DCA 2006). PETITION DENIED. HAWKES and THOMAS, JJ., concur. NOTES [1] The affidavit was entitled " Prisoner Affidavit of Indigency (Civil Proceedings F.S. 57.085)."

...This case is before the Court for review of the decision of the First District Court of Appeal in Spaziano v. Florida Parole Commission, 46 So.3d 576 (1st DCA 2006). In its decision, the district court certified a question of great public importance, which we have rephrased as follows: DOES THE EXEMPTION IN SECTION 57.085(10), FLORIDA STATUTES, APPLY TO ANY INMATE ACTIONS CHALLENGING THE FLORIDA PAROLE COMMISSION'S DETERMINATION OF THE INMATE'S PRESUMPTIVE PAROLE RELEASE DATE, THEREBY PRECLUDING IMPOSITION OF A LIEN ON THE INMATE'S TRUST ACCOUNT TO RECOVER APPLICABLE COURT FILING FEES? See 46 So.3d at 582....

...We answer the certified question in the affirmative and approve the decision of the district court. As we explain below, an action challenging the Florida Parole Commission's determination of an inmate's presumptive parole release date is a collateral criminal proceeding for the purposes of section 57.085(10), Florida Statutes (2009), *716 which exempts such proceedings from the fee and lien provisions of section 57.085....

...[2] Spaziano filed his mandamus petition in the circuit court, alleging errors in the factors upon which his PPRD was based, but the circuit court denied the writ. [3] After determining that Spaziano was indigent and could not prepay court fees, the circuit court entered an order pursuant to section 57.085, Florida Statutes (2004), requiring that a lien be placed upon Spaziano's inmate trust account to provide payment for the court filing fee and partial setup fee. Spaziano filed a motion in the circuit court to vacate that order, citing the exemption provided in section 57.085(10), Florida Statutes, for collateral criminal proceedings. The circuit court denied the motion, concluding that an action challenging the Commission's determination of an inmate's PPRD is not a collateral criminal proceeding for the purposes of section 57.085(10), Florida Statutes, and is therefore not exempt from the payment and lien provisions of that statute....

...In its decision, the district court affirmed the denial of the writ, but reversed the circuit court's order imposing a lien on Spaziano's inmate trust account. The district court explained its reasoning for concluding that a challenge to an inmate's PPRD was exempt from the inmate lien requirements of section 57.085 in part as follows: We do, however, agree that the lower court departed from the essential requirements of law by denying petitioner's motion for relief from the order imposing a lien on his prison trust account *717 for the purpose of covering his appellate costs....

...of time an inmate will spend in prison. Accordingly, we conclude the trial court departed from the essential requirements of law in denying petitioner's motion to vacate the lien on his inmate trust account. 46 So.3d at 582. The question of whether section 57.085(10) exempts judicial challenges to the Commission's determination of an inmate's PPRD is a pure question of law; thus, our review is de novo....

...See, e.g., Knowles v. Beverly Enterprises-Florida, Inc., 898 So.2d 1, 5 (Fla.2004). In determining the Legislature's intent in enacting the statute, we look first to the text of the provision. See id. Thus, we turn next to an examination of the pertinent provisions of section 57.085. We also review other pertinent provisions of the Florida statutes, as well as our judicial precedent, all of which inform our analysis of the question presented in this case. THE APPLICABLE LAW A. Section 57.085, Florida Statutes, the Prisoner Indigency Statute Prison inmates are not completely exempt from the payment of court costs and fees for certain legal actions in Florida....

...The general indigency statute, section 57.081, Florida Statutes (2009), provides a general waiver of prepayment of court costs and fees for persons who are determined to be indigent, but expressly does not apply to prisoners who file or intervene in civil proceedings. See § 57.081(1), Fla. Stat. (2009). Under section 57.085, known as the "Prisoner Indigency Statute," prepayment of court costs is deferred rather than waived, meaning that an indigent prisoner, if he or she is able, must make an initial partial payment of court costs and fees. A lien is then placed on that inmate's trust account for payment of the remaining costs and fees in monthly installments. See § 57.085(4)-(5), Fla. Stat. Importantly, the act expressly exempts criminal proceedings and collateral criminal proceedings from application of the payment and lien provisions of the *718 statute. See § 57.085(10), Fla. Stat. (2009). [4] Section 57.085 was enacted in 1996 in an effort to discourage frivolous civil suits by prison inmates....

...EAS, under current law frivolous inmate lawsuits are dismissable by the courts only after considerable expenditure of precious taxpayer and judicial resources.... Ch. 96-106, preamble, Laws of Fla. To effectuate the intent set forth in the preamble, section 57.085 calls upon the circuit court to screen inmate court filings to determine whether the prisoner's action is "frivolous" or falls within the category of civil litigation that the Legislature seeks to discourage by implementation of this law. See § 57.085(9), Fla. Stat. (2009). Those inmate actions found by the circuit court to be frivolous, malicious, or intended to harass may be dismissed. See § 57.085(6), Fla....

...Actions not found to be frivolous or malicious or otherwise subject to dismissal under the act will proceed, but with the requirement that the prisoner prepay filing fees and related costs or be subject to a lien on his or her inmate trust account. *719 However, the Legislature has expressly determined in section 57.085(10) that any criminal proceeding or collateral criminal proceeding brought by a prisoner is exempt from section 57.085. Thus, when a prisoner files or intervenes in any judicial proceeding, the question arises as to whether the action is one intended to be exempt from the payment and lien requirements of section 57.085. It is instructive to our analysis to review the manner in which section 57.085 has been applied in our judicial precedent....

...teral criminal proceeding or whether it is a civil proceeding subject to the payment and lien provisions of the Prisoner Indigency Statute. We concluded that a gain time challenge was analogous to a collateral criminal proceeding for the purposes of section 57.085(10) and was therefore exempt from the fee and lien provisions of section 57.085. In so holding, we recognized that section 57.085 was enacted as part of a Legislative effort intended to reduce unnecessary or frivolous prisoner filings....

...ns in which inmates assert an entitlement to *720 gain time and an accelerated release from prison but were not contesting their conditions of confinement." Schmidt, 878 So.2d at 364. We similarly concluded that Florida's Prisoner Indigency Statute, section 57.085, was intended only "to discourage the filing of frivolous inmate lawsuits, but not to prevent the filing of claims contesting the computation of criminal sentences." Id. at 366. In holding that prisoners' gain time challenges are collateral criminal proceedings for purposes of section 57.085(10), we explained: Long ago, [the United States Supreme Court] made clear that "[a] prisoner's eligibility for reduced imprisonment is a significant factor entering into both the defendant's decision to plea bargain and the judge's calculation of the sentence to be imposed." Weaver v....

...In Cox, the First District had for consideration the question of whether Cox's petition for writ of mandamus challenging the constitutionality of a 1993 amendment to section 944.275, Florida Statutes, was exempt from the fee and lien requirements under section 57.085(10). Section 944.275, as amended, precluded Cox from receiving basic gain time. The trial court in Cox held that the action was not exempt from the payment and lien provisions of section 57.085....

...d. at 345. We also concluded that "the prisoner indigency statute was intended to `discourage the filing of frivolous civil lawsuits' with respect to prison conditions." Id. at 348 (quoting Schmidt, 878 So.2d at 366). Based on the text and intent of section 57.085 and on our decision in Schmidt, we held in Cox that all gain time actions, including actions challenging a gain time statute, are "collateral criminal proceedings" for the purposes of section 57.085(10), and thus exempt from the payment and lien requirements of the act....

...parole release date. We have never addressed the question now before us concerning whether an action challenging the Commission's determination of an inmate's PPRD is a collateral criminal proceeding intended to be exempt from the lien provisions of section 57.085....

...The Statutory and Administrative Framework for Determination of PPRD and its Role in a Final Parole Decision The Commission contends that PPRD decisions are so different from gain time challenges that they cannot fall within the exemption set forth in section 57.085(10), and that the rationale of Cox is not applicable to the determination of an inmate's PPRD because that calculation does not alter the stated term of the inmate's original sentence....

...ions are discretionary determinations that are separate and apart from the sentence and from calculation of the length of the sentence. We have considered each of these contentions and find that none of them supports the Commission's contention that section 57.085(10) is inapplicable to actions challenging an inmate's PPRD calculation....

...tion can directly affect the length of time that an inmate will spend in prison. Accordingly, challenges to the PPRD do not fall into the category of frivolous or malicious civil actions which the Legislature sought to discourage by the enactment of section 57.085, but are instead analogous to collateral criminal proceedings intended by the Legislature to be exempt from the fee and lien provisions of the act. Such actions fall within the exception expressly set forth by the Legislature in section 57.085(10) for "collateral criminal proceedings." Further, similar to the concern we voiced in Schmidt, to hold otherwise would effectively result in an unlawful "chilling" of a prisoner's right to seek review of the Commission's determination of his presumptive parole release *724 date....

...te. Because these dates are critical to the calculation of an inmate's parole release date for those inmates who are ultimately granted parole, we conclude that Spaziano's challenge to the PPRD is a collateral criminal proceeding for the purposes of section 57.085(10). The Legislature has specifically exempted collateral criminal proceedings from the fee and lien provisions of section 57.085, and we are not at liberty to ignore this express legislative directive....

...ecision of the district court. We hold that inmate challenges, regardless of their nature, to the Florida Parole Commission's determination of an inmate's presumptive parole release date constitute collateral criminal proceedings for the purposes of section 57.085(10). Accordingly, when such an action is brought, section 57.085(10) precludes imposition of a lien on the inmate's trust account to recover applicable filing fees....

...Because a proceeding to challenge the Florida Parole Commission's determination of a presumptive parole release date (PPRD) is not a collateral criminal proceeding, I dissent. The requirements of the Prisoner Indigency Statute apply generally to any "prisoner who is intervening in or initiating a judicial proceeding." § 57.085(2), Fla. Stat. (2004). The only exceptions from the operation of the statutory requirements are for "a criminal proceeding or a collateral criminal proceeding." § 57.085(10), Fla....

...State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)). *725 The majority here concludes, however, that because "challenges to the PPRD" are " analogous to collateral criminal proceedings" they "fall within the exception expressly set forth by the Legislature in section 57.085(10) for `collateral criminal proceedings.'" 48 So.3d at 723 (emphasis added)....

...Failing to do so results in "an abrogation of legislative power." Holly, 450 So.2d at 219 (quoting Am. Bankers *726 Life Assurance Co. of Fla. v. Williams, 212 So.2d 777, 778 (Fla. 1st DCA 1968)). The rewriting of the unambiguous statutory exception in section 57.085(10) is not justified by the majority's assertion that applying the requirements of the Prisoner Indigency Statute to Spaziano would "effectively result in an unlawful `chilling' of a prisoner's right to seek review of the Commission's determination of his presumptive parole release date." 48 So.3d at 723-24....

...He contended in his petition that if the erroneous factors were eliminated, the correct matrix time range under the applicable parole laws would be 228 months rather than the 1020 months determined by the Commission, and that he had already served 354 months. [4] The provisions of section 57.085(10), Florida Statutes (2009), are identical to section 57.085(10), Florida Statutes (2004), in effect when Spaziano filed his petition. [5] Section 57.085 also provides that the court may dismiss all or part of an indigent prisoner's claims if it finds that the action fails to state a cause of action, seeks monetary relief from a defendant immune from suit, or seeks relief for mental or emotional injury where there is no allegation of physical injury. See § 57.085(6)(a)-(c), Fla....

...The statute further provides that in any judicial proceeding in which a certificate of indigence has been issued to a prisoner, the court may dismiss the action in whole or in part on a finding that the prisoner's claim of indigence is false or if the action is frivolous or malicious. See § 57.085(8)(a), (d), Fla....

...An action is frivolous under the statute if it has no arguable basis in law or fact, is similar to a previous claim involving the same parties or arises from the same operative facts as a previous claim, has little likelihood of success on its merits, or is based on allegations that are fanciful or not credible. See § 57.085(9)(a)-(e), Fla....

...May 13, 1998. *170 Louis Reed, Jr., in proper person. Rex B. Guthrie, Miami, for appellees. Before JORGENSON, COPE and SORONDO, JJ. COPE, Judge. Louis Reed, Jr., an indigent prisoner, appeals an order dismissing his civil action as legally insufficient under section 57.085, Florida Statutes (Supp.1996). We affirm in part and reverse in part. I. In 1996, the Legislature enacted section 57.085, Florida Statutes, which was designed to address a perceived problem of frivolous lawsuits filed by indigent prison inmates....

...court before it is accepted for filing. It is evident that the Florida Statute is patterned after similarly worded 28 U.S.C. § 1915. See generally Denton v. Hernandez, 504 U.S. 25, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992). Insofar as pertinent here, section 57.085 provides: (6) Before an indigent prisoner may intervene in or initiate any judicial proceeding, the court must review the prisoner's claim to determine whether it is legally sufficient to state a cause of action for which the court has jurisdiction and may grant relief....

...mmune from such relief; (c) Seeks relief for mental or emotional injury where there has been no related allegation of a physical injury; or (d) Is frivolous, malicious, or reasonably appears to be intended to harass one or more named defendants. Id. § 57.085(6) (emphasis added). [2] The statute applies to civil actions, not to criminal or collateral criminal proceedings. Id. § 57.085(10). In 1996, plaintiff Reed filed a civil complaint against Sharon Mims and AeroThrust Corporation. The civil suit was referred to the trial court for review under section 57.085(6)....

...The correspondence is not appended to the complaint and Ms. Mims position with AeroThrust is not identified. We agree with the trial court that the plaintiff has not yet clearly indicated what his theory of liability is as to AeroThrust. Because Florida Statute § 57.085 is patterned after federal law, federal precedent is persuasive....

...complaint can be remedied through more specific pleading, then the plaintiff should be afforded that opportunity. See Denton v. Hernandez, 504 U.S. at 34, 112 S.Ct. at 1734; see also Mitchell v. Farcass, 112 F.3d 1483, 1490 (11th Cir.1997). Although section 57.085 must be interpreted so as to accomplish its intended purpose, it must also be applied flexibly so as to allow access to courts for those with legitimate claims....

...be allowed. While we affirm the trial court's dismissal without prejudice of count II as to AeroThrust, plaintiff shall be given leave to file an amended complaint with respect to AeroThrust which, as we understand the statute, will trigger another section 57.085 review with respect to AeroThrust....

...nd has been granted a full or partial waiver of court costs and fees, the court may at any time dismiss the prisoner's action in whole or in part, upon a finding that ... [t]he prisoner's action or a portion of the action is frivolous or malicious." § 57.085(8)(d), Fla. Stat. (Supp.1996). [4] Even after an indigent inmate lawsuit has been screened and filed, the statute requires early lawsuit termination should it turn out that the plaintiff's claim has no reasonable factual basis. Id. § 57.085(9)(a)....

...The order under review is affirmed in part, reversed in part, and remanded for further proceedings consistent herewith. NOTES [1] The statute calls for the inmate to make partial payments of no less than twenty percent of the average monthly balance of the prisoner's trust account. See § 57.085(4)-(5), Fla....

...rved the essential requirements of law. Id. Petitioner also challenges the imposition of a lien on his inmate trust account for payment of court costs and fees. Because the underlying action constitutes a "collateral criminal proceeding" pursuant to section 57.085(10), Florida Statutes (2005), there is no statutory authority for the circuit court to impose a lien to recover costs and fees....

...FULMER, Judge. Solomon Drayton, a state prisoner, appeals the dismissal of a petition for writ of mandamus in which he raised a due process challenge to his prison disciplinary proceeding. [1] The trial court disposed of Drayton's mandamus petition pursuant to section 57.085, Florida Statutes (1999), the prisoner indigency statute. We reverse because the trial court improperly applied the statute and also utilized procedures that foreclose appellate review. As noted in Reed v. Mims, 711 So.2d 169, 170 (Fla. 3d DCA 1998), the enactment of section 57.085 was intended to address a perceived problem of frivolous lawsuits filed by indigent prisoners who had abused the cost-waiver provisions of existing law. Subsections 57.085(2), (4), and (5) allow prisoners who qualify to be granted a full or partial waiver of prepayment of court costs and fees and to thereafter make payment in installments if and when funds are deposited into their inmate accounts....

...igent and requires that their civil claims and appeals be prescreened for a determination of whether the claim is legally sufficient to state a cause of action. [2] However, the statute does not apply to a criminal or collateral criminal proceeding. § 57.085(10), Fla....

...ency status. The form concludes by providing for the signature of a circuit judge on a date to be specified. The format of this combined memorandum/order and the procedures followed by the trial court in this case reflect an incorrect application of section 57.085. We conclude that in ruling on Drayton's petition the trial court committed two errors. The trial court determined that Drayton was "NOT adjudicated indigent," and in doing so committed procedural error. Section 57.085(7) provides: A prisoner who has twice in the preceding 3 years been adjudicated indigent under this section, certified indigent under s....

...e prisoner or intervened in by the prisoner in any court or other adjudicatory forum in the preceding 5 years.[ [5] ] The documents Drayton submitted in response to this court's order contain his affidavit of indigency in which he lists, pursuant to section 57.085(7), only one prior adjudication of indigency....

...denial are stated. We presume that the trial court denied indigency status because the top portion of the memorandum/order contained the assertion by a deputy clerk that Drayton has twice in the preceding three years been adjudicated indigent under section 57.085 or 57.081....

...igency status, we must *823 reverse and remand for reconsideration of Drayton's indigency status. [6] The trial court also erred by prescreening Drayton's claim and dismissing it for failure to state a cause of action. The prescreening provisions of section 57.085(6) only apply to actions filed by "indigent" prisoners....

...commend that the trial court detail the deficiencies in the petition that justify dismissal, which are not readily apparent to us. [7] This case has brought to our attention the need to set forth guidelines for the trial courts to follow in applying section 57.085. With respect to application of the substantive provisions of the statute, we remind trial courts that the prescreening mandate in section 57.085(6) applies only to civil actions filed by prisoners who have been adjudicated indigent....

...If a prisoner is denied leave of court to obtain indigency status because of prior qualifying adjudications of indigency, the trial court should attach documentation to support this factual determination together with its written reasons for denying leave of court. When a trial court dismisses a case under section 57.085, it must retain all original pleadings necessary to effectuate appellate review....

...Reversed and remanded with directions. ALTENBERND and SILBERMAN, JJ., concur. *824 JED PITTMAN CLERK OF CIRCUIT COURT MEMORANDUM TO: Honorable Maynard F. Swanson, Jr. FROM: Jean Castle, Deputy Clerk DATE: January 14, 2000 SUBJ: Proposed Insolvent Claim By Prisoner, F.S. 57.085 ___________________________________________________________________________ The attached Petition/Complaint for Mandamus submitted by Solomon Anthony Drayton , an inmate, is respectfully submitted to the court for review....

...The Petitioner has been convicted of a crime and is incarcerated for that crime, or he/she is being held in custody pending extradition or sentencing. 2. Our records reflect that the prisoner xxx has ___ has not twice in the preceding three years been adjudicated indigent under F.S. 57.085 or certified indigent under F.S....

...CIRCUIT JUDGE NOTES [1] If we were reviewing a trial court ruling on the merits of Drayton's petition, we would treat the notice of appeal as a petition for certiorari review. Sheley v. Fla. Parole Comm'n, 720 So.2d 216 (Fla.1998). However, a dismissal pursuant to section 57.085, Florida Statutes (1999), is reviewable pursuant to Florida Rule of Appellate Procedure 9.030(b)(1)(A). [2] Section 57.085(6) provides in pertinent part: Before an indigent prisoner may intervene in or initiate any judicial proceeding, the court must review the prisoner's claim to determine whether it is legally sufficient to state a cause of action for which the court has jurisdiction and may grant relief....

...[5] The remaining provision of subsection (7) pertaining to required attachments was declared unconstitutional by the Florida Supreme Court in Jackson v. Department of Corrections, 790 So.2d 381 (Fla.2000). [6] We agree with the Fourth District that a denial of indigency status under section 57.085 is reviewable by petition for writ of certiorari....

..., and clean clothing for some four and a half months, causing him injury and illness. The trial court reviewed the original complaint, dismissed it without prejudice, then dismissed appellant's first amended complaint with prejudice, all pursuant to section 57.085(6), Florida Statutes (2006)....

...g reasons, that decision will be upheld on appeal if there is any basis which would support the judgment in the record"). But the trial court itself "intercepted" the complaint before service could be accomplished, and did so in full conformity with section 57.085(6), Florida Statutes (2006), which provides: (6) Before an indigent prisoner may intervene in or initiate any judicial proceeding, the court must review the prisoner's claim to determine whether it is legally sufficient to state a cause of action for which the court has jurisdiction and may grant relief. The court shall dismiss all or part of an indigent prisoner's claim which: (a) Fails to state a claim for which relief may be granted; (b) Seeks monetary relief from a defendant who is immune from such relief[.] § 57.085(6)(a) & (b), Fla....

...iew before authorizing any service of process. This circumstance ought not and does not insulate the trial court's decision that the indigent prisoner's claim does not pass muster from appellate review. In screening appellant's complaint pursuant to section 57.085(6), the trial court reached a partially erroneous conclusion on account of which it did not order service of process to which the indigent plaintiff is presumably entitled....

...orpus petition in the Circuit Court for Leon County. That court entered an order which determined that mandamus, not habeas corpus, was the proper remedy. A filing fee was therefore assessed and a lien imposed on Kendrick's trust account pursuant to section 57.085(5), Florida Statutes, when it was made to appear that Kendrick was indigent....

...Since Petitioner had not submitted the requisite filing fee, this Court's Clerk's Office sent Petitioner its general form to be used in filing a Motion For Leave To Proceed In Forma Pauperis, including an affidavit form. The form solicits information required for an indigency determination under section 57.085, Florida Statutes (1997). Section 57.085 governs the waiver of prepayment of court costs and fees for prisoners....

...his petition for failure to comply with subsection (7). On December 15, 1998, Petitioner filed an "Objection to Show Cause Order," which this Court has construed to be a response. In that response, Petitioner claims that this Court's application of section 57.085, including subsection (7), to him violates state and federal ex post facto prohibitions because his criminal offense was committed prior to July 1, 1996, the effective date of the statute....

...Petitioner, who committed his offense on May 6, 1989, argues that determination of his indigency status must be made under section 57.081, Florida Statutes (1987), which governed the granting of indigency to all indigent persons, both prisoner and non-prisoner, before section 57.085 became effective. [2] With his response, Petitioner submitted another Motion For Leave To Proceed In Forma Pauperis and affidavit which were prepared pursuant to section 57.081, not section 57.085. This Court hereby finds that Petitioner's December 15, 1998, Motion For Leave To Proceed In Forma Pauperis and accompanying affidavit do not correct his previous failure to comply with section 57.085(7) because Petitioner fails to list each case he has filed in the last five years and attach a copy of the requisite documents from each of those cases. This Court also finds that Petitioner has not provided sufficient justification for his failure to comply with the statute. Although the requirements of section 57.085(7) present prisoners with some procedural hurdles in seeking indigency status, they do not violate the Ex Post Facto Clause because they do not directly increase an inmate's sentence....

...Wainwright, 393 So.2d 542, 544 (Fla. 1980), appeal dismissed, 454 U.S. 806, 102 S.Ct. 79, 70 L.Ed.2d 75 (1981); De Veau v. Braisted, 363 U.S. 144, 160, 80 S.Ct. 1146, 4 L.Ed.2d 1109 (1960); Flemming v. Nestor, 363 U.S. 603, 613-14, 80 S.Ct. 1367, 4 L.Ed.2d 1435 (1960). Section 57.085 was enacted to alleviate the problems caused by the vast number of *378 frivolous lawsuits filed by indigent prisoners. [3] In particular, the legislature made express findings regarding the financial and administrative burden frivolous indigent inmate lawsuits place on the state judicial system. See Ch. 96-106, preamble, at 92-93, Laws of Fla. With respect to section 57.085(7), the statute carries out its purpose of reducing these lawsuits by providing courts with a mechanism to review a prisoner's recent litigation history and determine whether to allow the prisoner the opportunity to again seek a waiver...

...While this Court could completely deny Petitioner indigency status altogether as the Supreme Court has done *379 in some cases, that option is not necessary at this time. Instead, this Court has decided to take a less extreme measure— Petitioner Vickson must now strictly comply with the disclosure provisions of section 57.085(7)....

...ition along with the appropriate filing fee or a proper Motion To Proceed In Forma Pauperis that includes a list of all legal actions he has filed in the preceding five years and a copy of the documents commencing and disposing of those actions. See § 57.085(7), Fla. Stat. (1997). This case will not be reopened. Furthermore, if Petitioner wishes to proceed as an indigent in any additional petitions, cases or other legal actions covered by section 57.085, he must either submit a Motion For Leave To Proceed In Forma Pauperis in strict compliance with section 57.085(7), or submit the requisite filing fee....

...Bronson, 652 So.2d 819 (Fla.1995)(No. 85,191); Vickson v. Folk, 652 So.2d 819 (Fla.1995)(No. 85,144); Vickson v. Bronson, 652 So.2d 819 (Fla.1995)(No. 85,145). [2] Effective July 1, 1996, the legislature amended section 57.081 to exclude prisoners and created section 57.085 to apply exclusively to prisoners. See Ch. 96-106, §§ 1, 2, 7, at 93-95, 97, Laws of Fla. (amending § 57.081, creating § 57.085, and providing effective date). [3] The legislative preamble which sets forth the basis for the act creating section 57.085 provides, in pertinent part: WHEREAS, frivolous inmate lawsuits congest civil court dockets and delay the administration of justice for all litigants, and WHEREAS, each year self-represented indigent inmates in Florida's jails and pris...

...PRISONER'S MOTION AND AFFIDAVIT TO PROCEED WITHOUT PREPAYMENT OF COURT COSTS AND FEES I, am a plaintiff/petitioner/appellant in the above-styled action. I have been convicted of a crime and am currently incarcerated for that crime, or I am being held in custody pending extradition or sentencing. Pursuant to § 57.085, Fla....

...During the past three years, have you been permitted two or more times to proceed without prepayment of court costs or fees in Florida or federal courts or adjudicatory forums, or to intervene in actions in these courts or adjudicatory forums without prepayment of court costs or fees, pursuant to Sections 57.081 or 57.085, Florida Statutes, or 28 U.S.C....

...$____. Petitioner (Plaintiff) appears to be incarcerated for conviction of a crime or pending extradition or sentencing. The documents filed by Petitioner (Plaintiff) are insufficient to determine whether the Petitioner (Plaintiff) is indigent under Section 57.085, Florida Statutes....

...Petitioner (Plaintiff) must either pay the filing fee stated above or file the following items (as marked) with this tribunal within 45 days of the date of this order: ____ 1. Affidavit of indigency containing Petitioner's (Plaintiff's) identity and the financial information required by Section 57.085(2), Florida Statutes. ____ 2. Statement in the affidavit regarding whether the Petitioner (Plaintiff) has been determined to be indigent under Sections 57.081 or 57.085, Florida Statutes, or 28 U.S.C....

...parate documents must be supplied for each action and the case number must appear on each submission. ORDER ON PRISONER'S INDIGENCY Based on a claim of indigency, Petitioner (Plaintiff) seeks waiver of prepayment of court costs and fees, pursuant to Section 57.085, Florida Statutes. Having reviewed the documents filed by Petitioner (Plaintiff), this tribunal finds that Petitioner (Plaintiff) is a prisoner as defined by Section 57.085(1), Florida Statutes, and orders as follows: I....

...case management order. The case management order required Kalway to file information showing activity in his prisoner bank/trust account pursuant to his request for indigency status. Kalway asserts, inter alia, that the requirement made necessary by section 57.085, Florida Statutes, is procedural and thus unconstitutional, because it violates the Florida constitutional requirement of strict separation of powers....

...Kalway further asserts that subjecting the funds in his prisoner trust account to be used for payment of court costs and fees violates his homestead exemption rights under Article X, section 4, of the Florida Constitution. We affirm. The thrust of section 57.085 is undoubtedly substantive....

...1st DCA), review dismissed, 421 So.2d 517 (Fla.1982). A decision whether to subject a prisoner's trust account to payment of court costs and fees is clearly a subjective determination appropriately made by the legislature. Nevertheless, we do find that section 57.085 contains directives, which are not binding on the supreme court, concerning the manner in which the substantive objectives are to be reached....

...The procedural aspects of the law under examination in this case are minimal and do not void the statute, because they are intended to implement the substantive provisions of the law. See Smith v. Department of Insurance, 507 So.2d 1080, 1092 (Fla.1987). That is, the procedural portions of section 57.085 do not appear to conflict with any existing court rule or procedure, and most especially they do not conflict with rule 2.030(b)(3) of the Florida Rules of Judicial Administration, or rule 9.430 of the Florida Rules of Appellate Procedure, as urged by appellant....

...courts, the legislative provisions would have to give way to the court rules and procedures. Further, the legislative provisions do not bar the Florida Supreme Court's future adoption of specific rules designed to carry out the substantive goals of section 57.085....

...Butterworth, Attorney General, Tallahassee, for Appellee. PER CURIAM. In these consolidated cases, appellant seeks review of orders dismissing two petitions for writs of mandamus (which challenged prison disciplinary proceedings) for failure to comply with section 57.085, Florida Statutes (1997)....

...Petitioner, Jose Lopez, seeks certiorari review of the trial court's order of indigency, which ordered the Department of Corrections ("Department") to place a lien on his inmate trust account for the full amount of his court costs and fees and to withdraw and forward any money maintained in the account as provided in section 57.085, Florida Statutes. He argues that, pursuant to Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003), his mandamus proceeding was a collateral criminal proceeding to which section 57.085 was inapplicable and, thus, that neither the lien nor the Department's withdrawal and forwarding of money towards payment of the lien was statutorily authorized....

...'s final order dismissing his mandamus petition, reverse the order of indigency to the extent that it orders the Department to impose a lien on petitioner's inmate trust account and to withdraw and forward money maintained in the account pursuant to section 57.085, and remand for further proceedings....

...aw and forward money maintained in the account towards payment of the lien. Petitioner filed a Motion for Reconsideration of Order of Indigency and for Return of Court Costs and Fees, requesting that the trial court reconsider its determination that section 57.085 applied to the proceeding and seeking the return of all costs and fees collected from him and that the lien be removed from his inmate trust account....

...R.App. P. 9.040(c), and the instant petition was filed within thirty days after the entry of the trial court's order dismissing petitioner's mandamus petition, see Fla. R.App. P. 9.110(b), we sua sponte treat the petition as an appeal from that order. Section 57.085(5), Florida Statutes (2004), provides that when a prisoner is found to be indigent, the court shall order the prisoner to make monthly payments of at least twenty percent of the balance of the prisoner's trust account as payment of cou...

...ust account for the full amount of court costs and fees and withdraw money maintained in the account and forward it, when the balance exceeds $10, to the appropriate clerk of court until the prisoner's court costs and fees are paid in full. However, section 57.085(10), Florida Statutes (2004), exempts "collateral criminal proceedings" from the scope of section 57.085....

...In Schmidt, the supreme court held that an action challenging the forfeiture of a portion of a prisoner's previously earned gain time constitutes a collateral criminal proceeding because the end result is the same: the inmate's time in prison is directly affected. 878 So.2d at 367. Thus, the supreme court concluded that section 57.085 was inapplicable to such proceedings, which are instead governed by the general indigency statute, section 57.081....

...s mandamus petition and its order of indigency finding the appellant unable to pay the appellate filing fee but placing a lien on his inmate trust account. 892 So.2d at 537. Because the action was a collateral criminal proceeding, it was exempt from section 57.085 and instead governed by section 57.081. Id. We noted that unlike section 57.085, section 57.081 does not specifically state that a lien may be placed on a prisoner's trust account to collect filing fees, that where the Legislature includes particular language in one section of a statute but not in another section...

...the same statute, the omitted language is presumed to have been excluded intentionally, and that although the Legislature could have amended section 57.081 to provide for collection of filing fees upon an indigent person's future ability to pay when section 57.085 was enacted and collateral criminal proceedings were exempted from its reach, it had not done so....

...ause it challenged the Department's calculation of his sentences as consecutive rather than concurrent, which resulted in an erroneous tentative release date and, thus, directly *51 affected his time in prison. Therefore, section 57.081, rather than section 57.085, was applicable in petitioner's mandamus proceeding....

...to be paid towards the lien. Accordingly, we REVERSE the order of indigency to the extent that it orders the Department to impose a lien on petitioner's inmate trust account and to withdraw and forward money maintained in the account as provided in section 57.085 and REMAND the cause for further proceedings consistent with this opinion....

...neral Counsel, Department of Corrections, Tallahassee, for Appellee. PER CURIAM. In the underlying mandamus proceeding filed in the trial court challenging an adverse result in a prison disciplinary action, the trial court imposed a lien pursuant to section 57.085, Florida Statutes (2006), on appellant's inmate trust account to recover court costs and fees....

...Corey Stanley, pro se, appellant. *1161 Robert A. Butterworth, Attorney General, Tallahassee, for appellee. PER CURIAM. Appellant appeals from an order dismissing his petition for a writ of mandamus because he failed to comply with the provisions of section 57.085, Florida Statutes (1997), which governs determinations of indigency for prisoners in civil actions....

...Crusoe, 878 So.2d 361 (Fla.2003), the Florida Supreme Court held that a challenge, such as the one in this case, to a disciplinary report which results in the loss of gain time is a "collateral criminal proceeding" excluded from the prisoner indigency statute (section 57.085, Florida Statutes)....

...The circuit court, in the order here on appeal, expressed concern that the matter was still in doubt after Burgess in light of certain language in Schmidt v. Crusoe, 878 So.2d 361 (2003). In Burgess, however, this court explained that the Supreme Court's holding in Schmidt was limited to the question of the applicability of section 57.085, Florida Statutes, in determining a complainant's indigency in this type of case....

...mandamus which challenged a prison disciplinary proceeding. The trial court dismissed appellant's petition because appellant failed to comply with a case management order mandating the filing of the indigency affidavit and related papers required by section 57.085, Florida Statutes (Supp.1996)....

...everse. In February 1998, appellant filed in this court an "Emergency Petition for Writ of Mandamus or, in the Alternative, Petition for Writ of Habeas Corpus." Appellant subsequently filed an "affidavit of indigency" and other documents required by section 57.085, Florida Statutes (1997)....

...lorida Rule of Appellate Procedure 9.040(b). Shortly after it had received the case from this court, the circuit court issued a form "Case Management Order." That order directed appellant to provide a number of documents, including those required by section 57.085....

...The circuit court subsequently dismissed the case, stating that appellant "ha[d] failed to file any of the documents required per this Court's Case Management Order." That was error. As already noted, this court had concluded that appellant had complied with section 57.085 before it transferred the case to the circuit court....

...Marquart appeals an order denying his request for leave to proceed as an indigent and dismissing his petition for writ of mandamus with prejudice. Although the trial court's order does not expressly so recite, we infer that it based its action on appellant's failure to comply with the requirements of section 57.085, Florida Statutes (1996), which took effect shortly before appellant filed his petition below....

..." Washington v. State, 982 So.2d 1207, 1208 (Fla. 5th DCA 2008); see also, State v. Schopp, 653 So.2d 1016 (Fla.1995). In this case, we decline to dismiss the appeal. This appeal is frivolous because it has no arguable basis in law or fact. See *743 § 57.085(9)(a), Fla....

...Specifically, the trial court stated: The Court concludes the defendant may be indigent, but his appeal is frivolous, without foundation in law or fact, and the application to the County to fund his appeal is denied. In denying the motion to proceed in forma pauperis, the trial court apparently relied on section 57.085(8), Florida Statutes (1995), which authorizes the trial court to dismiss a frivolous proceeding initiated by an indigent prisoner under certain circumstances at any time. However, subsection (10) of the statute provides that section 57.085 "does not apply to a criminal proceeding or a collateral criminal proceeding." Accordingly, the denial of the defendant's motion was improper....

...capture, . . . shaving a half-inch beard likely cannot"). Turning to the second issue, the lower court declared Muhammad indigent and placed a $280 lien on his prison account to cover the court's filing fee, pursuant to the Prison Indigency Statute, section 57.085(5), Florida Statutes (2004). This was error. Section 57.085(10) specifically provides that the statute "does not apply to a criminal proceeding or a collateral criminal proceeding." The supreme court held in Schmidt v....

...sed at the Hamilton County Correctional Facility relating to the delivery of inmate mail. The trial court denied relief prior to service of the complaint on the appellees, defendants below, pursuant to the pre-trial screening procedures set forth in section 57.085(6), Florida Statutes (2001). Because the trial court determined that the complaint was legally insufficient prior to adjudicating appellant indigent, contrary to the requirements of section 57.085(6), we reverse and remand for further proceedings. See Drayton v. Moore, 807 So.2d 819 (Fla. 2d DCA 2002). Section 57.085(6) provides: (6) Before an indigent prisoner may intervene in or initiate any judicial proceeding, the court must review the prisoner's claim to determine whether it is legally sufficient to state a cause of action for which the court has jurisdiction and may grant relief....

...motional injury where there has been no related allegation of a physical injury; (d) Is frivolous, malicious, or reasonably appears to be intended to harass one or more named defendants. As the Drayton court explained: The prescreening provisions of section 57.085(6) only apply to actions filed by "indigent" prisoners....

...e recommend that the trial court detail the deficiencies in the petition that justify dismissal, which are not readily apparent to us. This case has brought to our attention the need to set forth guidelines for the trial courts to follow in applying section 57.085. With respect to application of the substantive provisions of the statute, we remind trial courts that the prescreening mandate in section 57.085(6) applies only to civil actions filed by prisoners who have been adjudicated indigent....

...If a prisoner is denied leave of court to obtain indigency status because of prior qualifying adjudications of indigency, the trial court should attach documentation to support this factual determination together with its written reasons for denying leave of court. When a trial court dismisses a case under section 57.085, it must retain all original pleadings necessary to effectuate appellate review....

ROBERTS, CJ. The plaintiff/appellant, inmate Harold Toney, filed this pro se appeal challenging the circuit court’s dismissal with prejudice under section 57.085(6), Florida Statutes (2014), of his first-amended' civil tort complaint against defeñdants/appellees C....

...case considered the loss of earned gain-time, whereas Jackson had not lost any earned gain-time as a result of the disciplinary action taken against him. The trial court did not address Cason. *63 Pursuant to the Florida Prisoner Indigency Statute, section 57.085, Florida Statutes (2005), an inmate who brings a civil action may be subject to the placement of a lien on his or her trust account for the court costs accrued by the filing of the action....

...eral criminal" proceedings from its provisions. The term "collateral criminal proceedings" is not defined in the statute. In Schmidt, the Florida Supreme Court examined the legislative history of the statute and determined that, while the purpose of section 57.085 is to discourage the filing of frivolous civil lawsuits, the statute is not intended to prevent the filing of claims contesting a criminal sentence....

...The prisoner in Schmidt had challenged a disciplinary action by the DOC which resulted in the loss of gain time thereby lengthening the prisoner's sentence. Therefore, the court concluded that the proceeding challenging such a disciplinary action was a "collateral criminal proceeding" for the purposes of section 57.085....

...Weekly D310, 2006 WL 176681 (Fla. 1st DCA Jan. 26, 2006), an inmate challenged, by a petition for a writ of mandamus, a statute which precluded the inmate from earning basic gain-time. The inmate was denied mandamus relief and was assessed court costs pursuant to section 57.085....

...een "directly affected" had he been successful in his challenge of the work evaluation. As in Cox, this court held that a mandamus petition was a collateral criminal proceeding which was not subject to the imposition of a lien for filing costs under section 57.085....

...rmination. However, he asserts that his claim constituted a "collateral criminal proceeding" and that the circuit court therefore erred when it declared him indigent but placed a lien on his prison account to cover the court's filing fee pursuant to section 57.085(5), Florida Statutes (2005). See § 57.085(10), Fla....

...opinion filed on June 11, 2014, and substitute this opinion in its place.  Factual Background Appellee initially filed a petition for a writ of mandamus in the Lafayette County Circuit Court. That mandamus petition asserted that section 57.085(5), Florida Statutes, allows DOC to withdraw money from an inmate’s trust account to pay a lien only when the balance of the trust account exceeds $10 and, because Appellee only had $10 in his account, DOC was without statutory authority when, on January 19, 2011, it removed $9.50 and imposed a 50¢ processing fee. The Lafayette County Circuit Court denied Appellee’s mandamus petition, finding that Appellee misread section 57.085(5) and DOC was correct in its interpretation of the statute....

...Approximately six months later, Appellee filed another petition for writ of mandamus in Lafayette County, which was transferred to Leon County. This second mandamus petition, the basis for this appeal, again asserted that DOC 2 violated section 57.085(5) by removing the $10 balance in Appellee’s inmate trust account after he received another $10 deposit on December 12, 2011....

...n should be dismissed as frivolous and sanctions should be imposed for his attempt to re- litigate the issue. DOC’s motion did not reference the doctrine of res judicata, but argued that the petition should be dismissed as frivolous pursuant to section 57.085(9)(c), (d). The Leon County Circuit Court entered an order granting mandamus relief, agreeing with Appellee’s interpretation of section 57.085(5)....

...processing fee from DOC. 3  Analysis Before addressing the statutory interpretation issue, this court will address DOC’s argument that the lower court erred in interpreting section 57.085, as the doctrine of res judicata barred Appellee from re-litigating the issue after being denied relief in another court....

...“Matters of statutory interpretation are subject to de novo review.” State v. Joseph, 94 So. 3d 672, 673 (Fla. 1st DCA 2012) (citing State v. Burris, 875 So. 2d 408, 410 (Fla. 2004)). Here, we have reconsidered our prior interpretation of section 57.085(5) and find that the lower court’s interpretation of the statute is erroneous. Section 57.085, Florida Statutes (2012), states in pertinent part: (5) When the clerk has found the prisoner to be indigent, the court shall order the prisoner to make monthly payments of no less than 20 percent of the balance of the prisoner's trust account as payment of court costs and fees....

...$10 in the account, the funds are withdrawn and forwarded to the appropriate clerk of court. DOC also bolstered its interpretation of the meaning of the phrase “when the balance exceeds $10” by directing this Court’s attention to the first sentence of section 57.085(5), which provides that a court, in assessing court costs and fees, enters an order for DOC to place a lien for the “prisoner to make monthly payment of no less than 20 percent of the balance of the prisoner’s trust account as pa...

...As such, we conclude that the full balance of an inmate’s trust account may be withdrawn by DOC and forwarded to the applicable clerk of court when the balance exceeds $10. With these clarifications of DOC’s argument in mind, we agree with DOC’s argument from its briefs that when section 57.085(5) is read in pari materia with section 945.215(1)(f), Florida Statutes, that the legislature authorized DOC to prevent an inmate from accessing his or her trust account to spend personal funds on items from the prison canteens when that inmate still has a lien against his individual account....

...ainst the inmate’s account are not satisfied by placing a hold on the balance of the inmate’s account. 7  Here, as Appellee still has an unsatisfied debt, i.e. a lien on his account pursuant to section 57.085, DOC may place a hold on his inmate trust account. Read in accordance with section 57.085(5), DOC may hold the funds in Appellee’s account, withdrawing and forwarding to the applicable clerk of court the balance of Appellee’s inmate trust account when it exceeds $10....

...ent to the circuit court. The circuit court properly denied the petition. To recover the cost of Petitioner's filing fee for his mandamus petition, the circuit court issued an order placing a lien on Petitioner's inmate trust account pursuant *61 to section 57.085, Florida Statutes (2004)....

...Petitioner filed a motion arguing his petition was exempt from the lien, because it qualified as a "collateral criminal proceeding" under the logic of Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003) (holding cases "where a prisoner challenges the loss of gain-time, are collateral criminal proceedings and exempt from section 57.085")....

...The circuit court denied the motion finding Petitioner's claim was not a "collateral criminal proceeding." The court observed, unlike the claim in Schmidt, which challenged DOC's forfeiture of already-earned gain-time, Petitioner's claim was merely challenging DOC's failure to award unearned, incentive gain-time. Section 57.085 enables the trial court to place a lien on an inmate's trust account for civil filing fees. However, the statute does not apply to "collateral criminal proceedings." See § 57.085(10), Fla....

...uant to Schmidt. See Cox v. Crosby, 27 So.2d 45 (Fla. 1st DCA 2006) (holding an inmate's challenge of the constitutionality of the statute precluding him from receiving basic gain-time was a "collateral criminal proceeding," and thus exempt from the section 57.085 filing fee lien)....

...Arnold, Judge. Glenn Spradley, pro se. No appearance for Appellees, Derrick Spradley, James Spradley, and The Estate of Ruby Lee Fuller/Waters. WALLACE, Judge. Glenn Spradley, an indigent prisoner, appeals an order dismissing his civil action as legally insufficient under section 57.085(6), Florida Statutes (2015)....

...Spradley demanded the return of the documents from his brothers and his mother's estate, they purportedly failed or refused to do so and, thereby, converted his property. The trial court dismissed the complaint for failure "to state a claim for which relief may be granted" under section 57.085(6).3 1 The original complaint was not a part of the record but was included in the appendix to Mr. Spradley's initial brief. We remind the trial court that it "must retain all original pleadings necessary to effectuate appellate review" before dismissing a case under section 57.085....

...4th DCA 1993) ("Conversion is an appropriate cause of action even if the specific property 'converted' has no actual value."); see also Palm Beach Golf Ctr.-Boca, Inc. v. John G. Sarris, D.D.S., P.A., 781 F.3d 1245, 1259 (11th Cir. 2015) (applying Florida law). 3 Section 57.085(6) allows the trial court to dismiss all or part of an indigent prisoner's claims if it finds that the action fails to state a cause of action, seeks monetary relief from a defendant immune fro...

...District Court of Appeal of Florida, Fourth District. March 5, 2008. *621 Jimmy Craft, Doral, pro se. Sarah Clark Holloway, Esquire, St. Petersburg, pro se. SHAHOOD, C.J. Jimmy Craft ("appellant") appeals from the circuit court's dismissal of his complaint pursuant to section 57.085, Florida Statutes....

...We hold that it was error to dismiss the case without first finding appellant indigent. Appellant attempted to file his complaint against appellee after the circuit court dismissed appellant's earlier complaint against appellee's client. The trial court rendered an order pursuant to section 57.085, Florida Statutes, finding insufficient legal grounds for a cause of action and directing the Clerk of Court not to file the case. Appellant was later determined to be indigent. Appellant argues in this appeal that the trial court erred in refusing to file his case. Section 57.085 attempts to solve the problem of frivolous civil suits by indigent prison inmates by requiring that lawsuits brought by indigent inmates be screened by the court before being accepted for filing. See Reed v. Mims, 711 So.2d 169, 170-71 (Fla. 3d DCA 1998). "The prescreening provisions of section 57.085(6) only apply to actions filed by `indigent' prisoners." Drayton v....

...1st DCA 2003) (reversing and remanding where trial court determined appellant's complaint legally insufficient prior to adjudicating appellant indigent). The Drayton court described the correct procedure under the statute: [I]ndigency status must be determined first. . . . When a trial court dismisses a case under section 57.085, it must retain all original pleadings necessary to effectuate appellate review....

...Once indigency status is granted, we presume that a case file with an assigned case number will be opened in which the original pleadings and any resulting court orders will be maintained. Drayton, 807 So.2d at 823. The circuit court's dismissal of appellant's complaint under section 57.085 in the present case was premature because he had not yet been adjudicated indigent....

...indigency status. Quigley is serving a life sentence in a state prison. On May 24, 1996, he filed a declaratory judgment action in the Leon County Circuit Court challenging the constitutionality of chapter 96-106, Laws of Florida, and in particular, section 57.085, Florida Statutes (1997)....

...The district court transferred the motion to the circuit court for a determination of Quigley's indigency status under section 57.081(1), Florida Statutes (1995), [1] and Florida Rule of Appellate Procedure 9.430. The circuit court denied Quigley's motion for failure to meet the requirements of section 57.085, which requires a prisoner who seeks waiver of prepayment of court costs and fees because of *271 indigency to file an affidavit of indigency with the court. The statute sets forth specific requirements for the affidavit, including detailed financial information of the prisoner and a certification on whether the prisoner has previously been found indigent under section 57.085, section 57.081, or 28 U.S.C....

...he district court for consideration of the denial of indigency status. Rule 9.040 requires this result. It is so ordered. KOGAN, C.J., and SHAW, HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur. NOTES [1] Prior to its amendment and the enactment of section 57.085, section 57.081 applied to determinations of indigency for all persons. Section 57.085 was enacted to guide determinations of indigency only for prisoners.

...Green, Jr., P.A., Ocala, for Appellees. COHEN, J. Randy James filed a complaint asserting claims for medical malpractice and negligence against individual employees of the Lake County jail due to injuries he sustained there when he fell down the stairs. Pursuant to section 57.085(6), Florida Statutes (2009), the trial court reviewed the complaint to determine whether it stated a cause of action....

...5th DCA 2006). Because James may be able to correct these defects, we reverse the dismissal of his complaint with prejudice and remand to allow him to file an amended complaint. The amended complaint will also be subject to preliminary review under section 57.085(6)....

...The petitioner's argument that the trial court departed from the essential requirements of law by denying his petition for writ of mandamus is without merit and is rejected. But because the underlying action constitutes a "collateral criminal proceeding" pursuant to section 57.085(10), Florida Statutes, the trial court improperly imposed liens upon the petitioner's inmate trust account for payment of court costs and fees....

...If successful, Cox would have been entitled to more than five years of additional gain time. The petition was denied and Cox has appealed to this court. The circuit court issued an order which found Cox to be indigent for the appeal in accordance with section 57.085, Florida Statutes, and imposed a lien on his inmate trust account to recover the applicable filing fees....

...1st DCA 2005). In Cason, the inmate challenged a disciplinary action of the Department of Corrections. This court recognized Schmidt held cases "where the prisoner challenges the loss of gain-time, are collateral criminal proceedings and are exempt from section 57.085." Id....

...a similar case. These factors are not true here. The majority's holding here dramatically expands Schmidt. Contrary to the opinion's *48 implication, no logical analysis can limit the holding to cases involving gain-time. For example, why would the section 57.085 lien be applicable to a prisoner, who, a decade after he was sentenced, alleges a procedural defect by the legislature in the passage of a habitual offender statute, and argues he would serve less time in prison if the statute is stric...

...In civil cases, prisoners are required to pay a filing fee. The instant case is civil. Consequently, Appellant is required to pay a filing fee. Since he is indigent, the filing fee should be taken from a lien on his inmate trust account pursuant to section 57.085, Florida Statutes, as the legislature intended....

...On March 26, 2008, after a hearing, the trial court denied Appellant's motion for partial summary judgment and entered a civil restitution lien against Appellant in the amount of $250,000. The trial court also sua sponte dismissed Appellant's complaint as frivolous under section 57.085(8)(d). This timely appeal followed. We find no error in the trial court's dismissal of Appellant's complaint under section 57.085(8)(d), and affirm that issue without discussion....

...by inmates" and "result in increased collection of [incarceration] costs"). Although we certainly do not condone frivolous prisoner lawsuits, there are a myriad of other statutes that are more appropriately used to address that problem. See, e.g., §§ 57.085(8), 944.279(1), 944.28(2)(a), Fla....

...account. We grant certiorari, quash the order imposing a lien and remand the cause. First, the trial court erred in denying petitioner's motion to vacate the order placing a lien on his prison trust account. The lien was imposed on the authority of section 57.085, Florida Statutes, after petitioner filed his petition in the trial court challenging a disciplinary proceeding which resulted in disciplinary confinement and the loss of gain-time....

...We issued our mandate on November 19, 2004. On November 14, 2006, Ghent filed a pro se "Motion for Enlargement of Time" to file a rule 3.850 motion, in which Ghent requested a ten-day extension so that he could obtain a printout of his inmate trust account pursuant to section 57.085, Florida Statutes (2006)....

...ting In re Estate of Goldman, 79 So.2d 846 (Fla.1955)) (internal brackets omitted). We conclude that Ghent failed to show good cause. Ghent sought an extension because he claimed that he was waiting for a printout of his inmate trust account, citing section 57.085. Presumably Ghent sought this printout under the mistaken belief that he must establish his indigence before he could file a rule 3.850 motion. Section 57.085, however, applies to prisoner civil suits, not criminal or collateral criminal proceedings. § 57.085(10), Fla....

...king both declaratory relief (with respect to the single-subject claim) and mandamus relief (with respect to the gain time claim). The court found Cox to be indigent and applied the prepayment and lien requirements of the prisoner indigency statute, section 57.085, Florida Statutes (2005)....

...(2005). Florida's indigency statutes apply only to those filings that are not free of cost. The present case implicates two indigency statutes: the general indigency statute, section 57.081, Florida Statutes (2005), and the prisoner indigency statute, section 57.085....

...d to be indigent, the prepayment of costs is "deferred," i.e., the prisoner is required to make an initial prepayment, if able to do so, and then a lien is placed on his or her prison account for payment of the remainder in monthly installments. See § 57.085, Fla....

...The prisoner indigency statute was intended to supplant the general indigency statute for most purposes where prisoners' civil filings are concerned, see ch. 96-106, at 92-93, Laws of Fla., and the statute provides as follows: "This section does not apply to a criminal proceeding or a collateral criminal proceeding. " See § 57.085(10), Fla....

...sentence. Schmidt filed a mandamus petition in the circuit court contesting the forfeiture. The circuit court sought a filing fee or an affidavit of indigency and a printout of Schmidt's inmate account pursuant to the Prisoner Indigency Statute. See § 57.085, Fla. State. (2002). Schmidt responded that he was not subject to these requirements because his petition was not a civil lawsuit, but rather was a "collateral *346 criminal proceeding" exempted under the statute. See § 57.085(10), Fla....

...he prisoner indigency statute, i.e., "mixed" petitions must comply with the prisoner indigency statute. See Schmidt II, 951 So.2d at 803. And second, the Court in Bush noted the special meaning given the phrase "collateral criminal proceeding" under section 57.085: Although the Court in Schmidt did state that "an inmate's petition for writ of mandamus challenging a loss of gain time is a collateral criminal proceeding and not a civil lawsuit," 878 So.2d at 361, the Court did so in the context of...

...e itself, is limited to that context. As drafted, there is only one exception to the prepayment *347 and lien requirements of the prisoner indigency statute: "This section does not apply to a criminal proceeding or a collateral criminal proceeding." § 57.085(10), Fla....

...milar actions, is fundamentally unfair. Based on the analysis in Schmidt I, however, we conclude that each of the Department's arguments misses the mark. First, the procedural posture of the prisoners in Schmidt I and Cox is sufficiently similar for section 57.085 purposes....

...at no cost while requiring private citizens to pay filing fees and court costs for other statutory validity claims, this argument overlooks the plain language of the general indigency statute: (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 ......

...Crusoe, 878 So.2d 361 (Fla.2003), is applicable to all claims that, if successful, will directly affect "the length of time the inmate will actually spend in prison." Id. at 366. Such claims constitute "collateral criminal proceedings" for purposes of section 57.085, Florida Statutes (2005), as explained in Bush v....

..., Attorney General, and Sherry Anita Toothman, Assistant Attorney General, Tallahassee, for Appellee. ALLEN, J. The appellants challenge an order by which their complaint was dismissed, upon their failure to comply with filing fee requirements under section 57.085, Florida Statutes....

...ent of Corrections rules regarding prison mail. Both appellants sought a declaratory judgment, and one of them also raised an issue regarding a prison disciplinary matter. However, only one of the appellants submitted the necessary information under section 57.085 for the deferral of prepayment as to the filing fee and costs, while asserting that only that one appellant should be held responsible for the filing fee and costs in connection with the joint action. The circuit court rejected that assertion, and ruled that the appellants could not maintain their joint action as this approach would subvert the legislative intent underlying section 57.085. In Schmidt v. McDonough, 951 So.2d 797 (Fla.2006), the supreme court established that when a prison inmate files a civil action combining a claim which is subject to the section 57.085 procedure with a claim for which prepayment of the filing fee might be waived under section 57.081, Florida Statutes, the entire action is subject to section 57.085 without a prepayment waiver under section 57.081, Florida Statutes. The court indicated that to exempt such a "mixed" action from section 57.085 would undermine the statutory purpose and invite the filing of frivolous piggy-backed claims. The reasoning in Schmidt likewise applies in the present case, where the appellants are attempting to combine their individual claims in a way which would partly avoid the section 57.085 requirements and allow one of the appellants to pursue claims without being subject to either section 57.081 or section 57.085. The circuit court thus properly ruled that this type of mixed action cannot be maintained in the manner it was presented by the appellants, as they must both be subject to the section 57.085 procedure. The appellants question the constitutionality of section 57.085, and suggest that it violates their right of access to the courts. However, the supreme court has recognized that the legislature may address the prepayment of fees and costs as *1112 provided in section 57.085....

...priate clerk of the court. . . . (3) Before a prisoner may receive a deferral of prepayment of any court costs and fees for an action brought under this section, the clerk of court must review the affidavit and determine the prisoner to be indigent. § 57.085, Fla....

...y judgment and each sought to defer the prepayment of court costs and fees, the statute applies to each. Every "prisoner who is . . . initiating a judicial proceeding [who] seeks to defer the prepayment of court costs and fees because of indigence," § 57.085(2), Fla....

...comply with the circuit court's order requiring him to prepay $9.00 in circuit court fees and costs. We find no error in the circuit court's decision to impose liens and partial prepayment obligations on appellant's inmate trust account, pursuant to section 57.085, Florida Statutes....

...he Department of Corrections. This mandamus proceeding could not, in any way, directly affect appellant's time in prison. Therefore, it does not qualify as a collateral criminal proceeding and the imposition of liens and prepayment obligations under section 57.085(4) and (5), Florida Statutes, was appropriate....

...After Harper had received the court's order of December 12, 1997, requiring him to make a prepayment of costs, however, this did not occur. Harper made no withdrawals; instead, the DOC made all the withdrawals from the account as of January 8, 1998. Section 57.085(5), Florida Statutes (1997), authorizes DOC to place a lien on an indigent inmate's trust account to pay court costs and fees....

...There, the challenged statute regulated the substantive right of indigents to proceed without payment of certain court costs. The statute also contained a procedural component requiring inmates to file copies of documents relating to their prior legal actions before the court could make an indigency determination. See § 57.085(7), Fla....

...iciary will not comply with it or require that inmates comply with it." Jackson, 790 So.2d at 385-86. The court left undisturbed the substantive rights the statute created. Id. at 386. The First District Court of Appeal considered a similar statute, § 57.085, Fla. Stat. (Supp.1996), in Kalway v. State, 730 So.2d 861, 862 (Fla. 1st DCA 1999). Section 57.085 provided indigents the right to proceed in certain cases without the payment of court costs and other fees....

...Garcia, Assistant Attorney General, Tallahassee, for Respondents. PER CURIAM. The petitioner seeks a writ of certiorari to review a trial court order by which his petition for a writ of mandamus was dismissed for his failure to comply with the indigency requirements of section 57.085(7), Florida Statutes. We grant the writ and quash the trial court's order because the trial court did not afford the petitioner a reasonable opportunity to comply with section 57.085 before dismissing his petition....

...See Gonzalez v. Moore, 743 So.2d 158 (Fla. 1st DCA 1999); Masiello v. Moore, 739 So.2d 1196 (Fla. 1st DCA 1999); compare Jackson v. Department of Corrections, 24 Fla. L. Weekly S549 (Fla. Nov. 18, 1999) (dismissing petition because petitioner did not comply with section 57.085(7) requirements after having been given more than one chance to do so)....

...y v. Florida Parole Commission, 703 So.2d 1202 (Fla. 1st DCA 1997), approved, 720 So.2d 216 (Fla.1998). The petitioner has not shown any basis for relief as to the denial of mandamus, but the circuit court should not have ordered the imposition of a section 57.085, Florida Statutes, lien for payment of court costs and fees for the mandamus proceeding. With regard to the lien, the petitioner suggests that the mandamus action was a collateral criminal proceeding to which section 57.085 does not apply....

...Crusoe, 878 So.2d 361 (Fla.2003), it was indicated that an action which may impact an inmate's gain time and thereby effectively *951 alter the amount of time which will actually be served will be treated as a collateral criminal proceeding to which § 57.085 does not apply....

...1st DCA 2007). The disciplinary action which was the subject of the mandamus proceeding in the present case made the petitioner ineligible for a period of incentive gain time. See Fla. Admin. Code R. 33-601.101(6). In accordance with Schmidt and Gibson, a section 57.085 lien thus may not be imposed for the petitioner's mandamus proceeding. See also Muhammad v. Crosby, 922 So.2d 236 (Fla. 1st DCA 2006). The petition for certiorari is denied insofar as it challenges the circuit court's denial of mandamus. However, the petition is granted in connection with the challenge to the section 57.085 lien, and the circuit court orders are quashed to the extent they impose and uphold the lien for the mandamus proceeding....

...nt in disciplinary confinement. Along with his petition, the appellant filed an Affidavit of Indigency. The trial court entered a form order, wherein it denied the prisoner's request for indigent status, citing the appellant's failure to comply with section 57.085, Florida Statutes, and dismissed the petition, pursuant to section 57.085(6), for failure to state a claim upon which relief could be granted. Section 57.085, Florida Statutes (2007), provides in relevant part: (6) Before an indigent prisoner may intervene in or initiate any judicial proceeding, the court must review the prisoner's claim to determine whether it is legally sufficient to state a cause of action for which the court has jurisdiction and may grant relief....

...status. The trial court did, however, determine the appellant's indigent status. By checking box 2 on the order, the trial court "denied without prejudice" the appellant's request for indigent status for either the appellant's failure to comply with section 57.085's technical requirements or his failure to obtain leave of court as he had been adjudicated indigent two or more times in the preceding three years. We agree, though, that having failed to adjudicate the appellant *746 indigent, the trial court should not have proceeded to dismiss the appellant's petition pursuant to section 57.085(6) as subsection (6) applies only to "indigent prisoners." More fundamentally, the trial court should not have determined the appellant's indigent status under section 57.085. By its own terms, section 57.085 applies only to an inmate's attempt to initiate civil proceedings—"criminal proceeding[s]" and "collateral criminal proceeding[s]" are specifically exempted from the statute. See § 57.085(10), Fla....

...plinary confinement that resulted following a determination that he violated prison rules. An inmate's challenge to the forfeiture of gain time and his placement in disciplinary confinement are "collateral criminal proceedings" within the meaning of section 57.085(10) and thus governed not by section 57.085, but by sections 57.081 and 57.082, the general indigency statutes....

...McDonough, 951 So.2d 797 (Fla.2006); Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003), limited by Bush v. State, 945 So.2d 1207 (Fla.2006); Evans v. McDonough, 939 So.2d 1151 (Fla. 1st DCA 2006). As appellant's petition was not properly dismissed pursuant to section 57.085(6) and his request for indigent status was not properly considered under section 57.085, we reverse the order appealed and remand the matter to the trial court. On remand, the appellant's request for indigent status should be reconsidered under the general indigency statutes and without regard to section 57.085....

...ilized an application for criminal indigent status under section 27.52, Florida Statutes (striking out the word “criminal” in the title and penciling in “civil”). Nevertheless, the Clerk of the Circuit Court for Leon County correctly applied section 57.085, Florida Statutes, and, after reviewing copies of appellant’s inmate trust account for the six months preceding the filing of his petition, found appellant was not indigent and ordered him to pay the filing fee of $400 within sixty days of his determination....

...ng ... relief from payment of filing fees under s. 57.081 .... ” § 57.082(1), Florida Statutes. Section 57.081, Florida Statutes, the statute that allows indigent persons to seek waiver of filing fees, does not apply to prisoners “as defined in s. 57.085,” see section 57.085(1), Florida Statutes, unless the cause is found to be a collateral criminal proceeding as defined in Schmidt v....

...1 As noted above, appellant *383 does not oppose the trial court’s finding that his cause of action is not a collateral criminal proceeding. Rather, as expressed in his motion and affidavit, appellant acknowledges he is entitled only to the deferment of prepayment of the filing fee under section 57.085, were he found to be indigent. The determination of indi-gency is to be made by the clerk under the procedures stated in section 57.085(2) and (3), Florida Statutes. Yet, here, appellant was found not to be indigent, and there is no process for appellant to seek judicial review of that determination in section 57.085....

...Consequently, we hold basic principles of due process dictate the trial court consider appellant’s December 5, 2012, motion as one seeking review of the clerk’s determination of indigency for purposes of appellant’s “receiving a deferral of prepayment of any court costs and fees,” as provided by section 57.085(3). Accordingly, the Order of Dismissal is reversed and the cause is remanded to the trial court with directions it review the clerk’s determination that appellant is not indigent for purposes of section 57.085....

...nation that he was not indigent. . We caution that a finding of indigence does not secure to appellant a deferral of payment in all cases, or the assurance that the judicial proceeding will not be dismissed for the lack of payment any fees or costs. Section 57.085(8) provides that ”[i]n any judicial proceeding in which a certificate of indigence has been issued to a prisoner, the court may at any time dismiss the prisoner's action, in whole or in part, upon a finding that: (a) The prisoner’s...

...nal and compensatory damages as to Claims 3 through 7. The trial court dismissed the pleading without prejudice because of Appellant’s failure to comply with its prior Order on Indigence Status, wherein it declined to adjudicate him indigent under section 57.085, Florida Statutes, and warned that he had thirty days to pay the filing fees or the matter would be dismissed without prejudice.  On appeal, Appellant argues that dismissal was improper because section 57.085, Florida Statutes (2017), does not apply to his collateral criminal claims. Appellant’s argument is without merit because, as he recognizes, his pleading is a mixed claim petition, and mixed petitions are not exempt from section 57.085. See Schmidt v....

...also Thomas v. Dep’t of Corr., 159 So. 3d 291, 292 (Fla. 1st DCA 2015) (finding that the appellant’s mandamus petition challenging his inability to earn gain time and loss of eligibility for a work release program was a mixed petition subject to section 57.085). Appellant’s second argument that the dismissal of his civil claims pursuant to section 57.085 violates treaties the United States has entered because it imposes on him an obligation to pay based solely on his status as a prisoner is likewise without merit. See Smith v. Fla. Dep’t of Corr., 974 So. 2d 1110, 1111-12 (Fla. 1st DCA 2007) (“The appellants question the constitutionality of section 57.085, and suggest that it violates their right of access to the courts. However, the supreme court has recognized that the legislature may address the prepayment of fees and costs as provided in section 57.085....

...n-time. Under these circumstances, appellant's petition qualifies as a collateral criminal proceeding and his indigency determination should have been made pursuant to section 57.081, Florida Statutes. The circuit court order incorrectly relies upon section 57.085, Florida Statutes, to justify the imposition of a lien on appellant's prison trust account. In Wagner, this Court specifically held that "section 57.081, unlike section 57.085, does not contain statutory language authorizing imposition of a lien" and that a lien in this circumstance (i.e., a collateral criminal proceeding) was not permissible....

...pondents. PER CURIAM. Petitioner's argument that the circuit court erred in denying his petition for writ of mandamus is without merit and is rejected; however, because the underlying action constitutes a "collateral criminal proceeding" pursuant to section 57.085(10), Florida Statutes (2005), the circuit court improperly imposed a lien upon petitioner's inmate trust account for payment of court costs and fees....

...After exhausting his administrative remedies, appellant filed a petition for writ of mandamus challenging the disciplinary proceedings on several grounds. The clerk of the circuit court determined that appellant was not indigent pursuant to section 57.085, Florida Statutes, and was required to pay a filing fee of $400.00 within sixty days or the case would be forwarded to the court for dismissal. The circuit court agreed with the clerk’s determination that appellant was not indigent pursuant to section 57.085 and dismissed appellant’s mandamus petition for failure to pay the filing fee. This appeal followed. The lower court’s dismissal of appellant’s mandamus petition for failure to pay the filing fee is problematic because appellant’s indigent status should not have been determined pursuant to section 57.085, which does not apply to “collateral criminal proceedings” that include challenges to the forfeiture of gain- time and placement in disciplinary confinement....

...On June 24, 2014, the circuit court dismissed the complaint. The court concluded that Green’s state law claims were time-barred under section 95.11(5)(g), Florida Statutes (2007), which provides a one-year time limit for “an action brought by or on behalf of a prisoner, as defined in s. 57.085, relating to the conditions of the prisoner’s confinement.” With regard to Green’s federal law claims, the court noted that they were governed by the Prison Litigation Reform Act (PLRA), and exhaustion of administrative remedies is mandatory....

...ommenced as follows: [[Image here]] (5) WITHIN ONE YEAR.— [[Image here]] (g) Except for actions described in subsection (8) [actions challenging correctional disciplinary proceedings], an action brought by or on behalf of a prisoner, as defined in s. 57.085, relating to the conditions of the prisoner’s confinement....

...Therefore, unless the state law claims raised by Green fall under section 95.11(5)(g), the four-year statute of limitations in section 768.28(14) is applicable to his action. There is no question that Green satisfies the first condition of section 95.11(5)(g) because he is a prisoner as that term is defined in section 57.085(1)....

...he suffered actual physical injury due to the negligent or wrongful act or omission of an employee of a government entity. Other provisions of the chapter law that enacted section 95.11(5)(g) support our conclusion. For example, the law also created section 57.085, Florida Statutes (2016), which addresses the deferral of prepayment of court costs and fees for indigent prisoners. See ch. 96-106, § 2, at 93-95, Laws of Fla. Section 57.085(6) provides that before an indigent prisoner may initiate' a judicial proceeding, “the court must review the prisoner’s claim to determine whether it is legally sufficiént to state a cause of action for which the court has jurisdi...

...mmune from such relief; *29 (c) Seeks relief for mental or emotional injury where there has been no related allegation of a physical injury; or (d) Is frivolous, malicious, or reasonably appears to be intended to harass one or more named defendants. § 57.085(6), Fla....

...However, despite this apparent conflict with the decision below, Calhoun is factually distinguishable. The Fifth District expressly noted that the plaintiff in' Calhoun was a pretrial detainee. Id. at 25 . As previously discussed, section 95.11(5)(g) only applies to prisoners as that term is defined in section 57.085. See § 57.085(1), Fla....

...(defining a prisoner as “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”). Because the plaintiff in Calhoun presumably had not yet been convicted of a crime, she could not be a prisoner pursuant to section 57.085(1), and the one-year statute of limitations in section 95.11(5)(g) would not apply to her action....

...ar statute of limitations in section 768.28(14) applied to the action in that case. It is so ordered. PARIENTE, LEWIS, QUINCE, and PERRY; JJ., concur. POLSTON, J., concurs in part and dissents in.part with an opinion, in which CANADY, J,, concurs. . Section 57.085(1), Florida Statutes (2016), defines a prisoner as "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.” ....

...Under the best of circumstances, Chart-rand would have difficulty meeting his burden of proof on these counts. Due to his incarceration in the Department of Corrections, these are not the best of circumstances for Mr. Chartrand. Perhaps recognizing this, the trial court sua sponte reviewed Chartrand’s complaint pursuant to section 57.085(6), Florida Statutes, and entered a final order dismissing the complaint with prejudice. In the order, the court dismissed count four because it requested damages for a mental injury without a related allegation of physical injury, and the remaining counts because they were unlikely to succeed on the merits. See § 57.085(6)(c), (9)(d), Fla....

...Ortiz challenges an order dismissing his petition for mandamus and an order finding him to be a vexatious litigant and assessing attorney's fees. We affirm as to the dismissal of the mandamus petition without further comment. We reverse that portion of the order finding Ortiz's petition to be frivolous pursuant to section 57.085(9), Florida Statutes (2005), and assessing attorney's fees pursuant to section 57.105, Florida Statutes (2005), as these sections do not apply to collateral criminal proceedings....

...We deny the motion for rehearing, withdraw our prior opinion, and substitute the following in its place. Appellant, a prison inmate, challenges the dismissal of his civil complaint for failure to provide an affidavit of indigency in compliance with section 57.085(2), Florida Statutes (2004). We affirm. Appellant first filed a petition for mandamus in the trial court (Case No. 04-509 CA) for replacement by the prison system of lost or destroyed personal property. He presented an affidavit of indigency pursuant to section 57.085(2), Florida Statutes....

...avit, and the trial court dismissed his complaint, without prejudice. Appellant could have filed an indigency affidavit and requested reinstatement of his complaint within the time allowed for rehearing, but he did not do so. Because compliance with section 57.085 is mandatory, dismissal was proper. The requirements of section 57.085 must be met for each suit filed by an inmate, as successive filings may require other information. See, e.g., § 57.085(7), Fla....

...for purposes of the appeal taken in case number 1D05-4075. The underlying appeal results from an order of the lower tribunal determining the appellant to be indigent for purposes of proceeding in the lower tribunal in a civil proceeding, pursuant to section 57.085, Florida Statutes....

...The petitioner's argument that the trial court departed from the essential requirements of law by denying his petition for writ of mandamus is without merit and is rejected. But because the underlying action constitutes a "collateral criminal proceeding" pursuant to section 57.085(10), Florida Statutes, the trial court improperly imposed two liens upon the petitioner's inmate trust account for payment of court costs and fees....

PER CURIAM. Upon consideration of appellee’s concession of error and motion to remand, the order of the lower tribunal dismissing appellant’s claim pursuant to section 57.085(8), Florida Statutes, is reversed, and the matter is remanded for further proceedings....

...This Petition for Writ of Certiorari challenges the circuit court's denial of petitioner's mandamus petition [1] below. We grant petitioner review only as to his claim that the circuit court improperly imposed a lien *90 on his prison inmate trust account, pursuant to section 57.085, Florida Statutes. We deny, without discussion, review on all of petitioner's other claims for relief. Section 57.085 enables the trial court to place a lien on an inmate's trust account for civil filing fees. However, the statute does not apply to "collateral criminal proceedings." See § 57.085(10), Fla....

...to actions of the Parole Commission, the Fourth District Court of Appeal in Thomas v. State, 904 So.2d 502 (Fla. 4th DCA 2005), has. Thomas decided that a mandamus challenge to the parole statutes is a collateral criminal proceeding exempt from the section 57.085, Florida Statutes, prison lien provision....

...July 21, 2004. Kevin Small, South Bay, pro se. No response required for respondent. PER CURIAM. Kevin Small seeks a writ of certiorari, challenging the lower court's refusal to rule on his mandamus petition because of his failure to pay a filing fee pursuant to section 57.085, Florida Statutes (2004). Small's mandamus petition alleged that the Department of Corrections miscalculated his tentative release date. Pursuant to Schmidt v. Crusoe, 2003 WL 1987971, 878 So.2d 361 (Fla. May 1, 2003), Small is not required to comply with section 57.085, because the underlying action is a "collateral criminal proceeding" and, thus, exempt from section 57.085. See § 57.085(10), Fla....

...Kim Fluharty, General Counsel, and Connie L. Beach, Assistant General Counsel, Tallahassee, for Appellee. PER CURIAM. Dorrie Thomas, a state prisoner, appeals the dismissal of his petition for writ of mandamus for not filing copies of his inmate trust account records as required by section 57.085, Florida Statutes (2004)....

...to comply within 60 days or pay the filing fee. Notably, the appellant failed to document any financial information concerning income or real property interests. On March 7, 2005, the appellant filed a supplemental affidavit of indigency pursuant to section 57.085....

...A trial court's dismissal of a petition for a writ of mandamus is reviewed by direct appeal. See Green v. Moore, 777 So.2d 425 (Fla. 1st DCA 2000) (distinguishing order decided on the merits from orders decided on grounds other than the merits). The applicability of section 57.085 is a question of law and the standard of review is de novo. See S. Baptist Hosp. of Fla., Inc. v. Welker, 908 So.2d 317 (Fla. 2005). The appellant asserts that fulfilling the affidavit requirements of section 57.085, with the exception of copies of the records of his inmate trust account for the *779 preceding six months, allowed him to proceed without a filing fee. The appellant argues that the trial court erred in dismissing his petition because he completed the affidavit requirements of section 57.081, which did not require the production of copies of six months' trust account records. We agree. Section 57.085, known as the "prisoner indigency statute," was enacted in 1996 "in order to reduce unnecessary or frivolous prisoner filings." Cason v. Crosby, 892 So.2d 536, 537 (Fla. 1st DCA 2005). Section 57.085 allows an indigent prisoner to initiate a civil proceeding without prepayment of filing fees and costs, but requires a lien to be placed on a prisoner's inmate trust account until the fee is paid in full. See § 57.085(2)-(5), Fla. Stat. (2006). However, section 57.085 specifically exempts criminal proceedings and "collateral criminal proceeding[s]." § 57.085(10), Fla. Stat. (2006). A proceeding involving the loss of accrued gain time is considered a "collateral criminal proceeding" which exempts a prisoner from section 57.085....

...t apply."). In Spaziano v. Florida Parole Commission, ___ So.2d ___, 2006 WL 1565289 (Fla. 1st DCA June 9, 2006), this Court held that a mandamus petition challenging a presumptive parole release date was a collateral criminal proceeding exempt from section 57.085....

...1st DCA 2006), this Court extended Spaziano to apply to mandamus petitions challenging the decision to suspend a prisoner's presumptive parole release date and not authorize 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. An affidavit of indigency under section 57.081 must supply most of the information required in an affidavit of indigency under section 57.085....

...Therefore, this case is REVERSED and REMANDED to the trial court, so that it may determine if Thomas is indigent under section 57.081, and if applicable, for determination on the merits of the petition. BROWNING, C.J., BARFIELD and ROBERTS, JJ., concur. NOTES [1] The citation to section 57.085, Florida Statutes, is on the form provided by the clerk of court.

...STATE of Florida, Appellee. No. 99-03762. District Court of Appeal of Florida, Second District. January 7, 2000. PER CURIAM. Larry Bernard Pace seeks review of the trial court's partial denial of his motion to proceed on appeal in forma pauperis pursuant to section 57.085, Florida Statutes (1997)....

...In connection with an appeal of the trial court's summary denial of a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, Pace *376 filed a motion to proceed on appeal in forma pauperis. On February 9, 1999, the trial court initially denied Pace's motion, citing section 57.085(5), and ordered Pace "to make monthly payments of no less than 20 percent of the balance of the prisoner's trust account (if any) as payment of court costs and fees." Later, the trial court revisited its decision and determined that Pace's appeal was not subject to section 57.085. The trial court accordingly vacated its earlier order, but without explanation, refused to reimburse Pace for the court costs that were paid from his prisoner trust account under the vacated order. Section 57.085(10) clearly states that this statutory provision does not apply to collateral criminal proceedings....

...addrie's aggravated battery convictions in St. Lucie County Circuit Court case number 1999CF4008B. [1] As it had done with the three prior actions, the trial court dismissed the complaint because Maddrie had failed to comply with the requirements of section 57.085(7), Florida Statutes (2008). Section 57.085 provides for the deferral of prepayment of court costs for indigent prisoners....

..., to obtain leave of court before again being declared indigent. In a request for leave of court, the inmate must provide a complete listing of each suit, action, claim, proceeding, or appeal *670 brought by the prisoner in the preceding five years. § 57.085(7), Fla....

...The August 25, 2008 motion Maddrie filed in this court seeking review of this order was untimely, whether treated as a notice of appeal or as a petition for writ of certiorari. Fla. R.App. P. 9.110(b); Fla. R.App. P. 9.100(c). An order dismissing an action pursuant to section 57.085 is reviewable as a final order under Florida Rule of Appellate Procedure 9.030(b)(1)(A)....

...Under any standard of review, however, Maddrie is not entitled to relief. Considering his patently abusive filing, even if he had adequately listed all his prior proceedings, the trial court would not have abused its discretion in denying Maddrie leave of court to again defer payment of court costs. Section 57.085 is intended to discourage frivolous lawsuits by inmates who abuse the civil indigency statutes....

...eedings. § 944.279, Fla. Stat. (2008). The Department of Corrections forfeited gain time as a disciplinary sanction. Maddrie then filed another document in the trial court again arguing the court's finding that he failed to meet the requirements of section 57.085 was in error....

...Department of Children and Families, case no. 1D04-2238. 917 So.2d 1015, 2006 WL 20436 (Fla. 1st DCA Jan. 5, 2006). However, in separate orders the trial court also required payment of certain fees, and directed that a lien be placed on the appellant's funds under section 57.085(5), Florida Statutes....

...Appellant, a state prisoner, appeals the trial court's order dismissing his petition for writ of mandamus for failure to make a timely partial payment of court costs and fees, as ordered, within fifteen (15) days. We reverse and remand for a determination as to whether, pursuant to section 57.085(5), Florida Statutes, the Department of Corrections placed a hold on Appellant's prison account, thus precluding him from making payment in a timely manner....

...As the State concedes, however, the trial court erred in denying the motion to vacate the lien placed on his inmate trust account insofar as the motion seeks reimbursement. See Schmidt v. Crusoe, 878 So.2d 361, 367 (Fla.2003). The Florida Supreme Court explained that the purpose of the enactment of section 57.085, Florida Statutes, was "to discourage the filing of frivolous civil lawsuits, but not to prevent the filing of claims contesting the computation of criminal sentences." Schmidt, 878 So.2d at 366....

...Appellant seeks review of the order denying his motion for relief from judgment in which he sought a refund of filing fees withdrawn from his prison account and removal of the liens for filing fees and costs. Because the underlying action constitutes a "collateral criminal proceeding" pursuant to section 57.085(10), Florida *989 Statutes, the trial court improperly imposed two liens upon appellant's prison account for payment of court costs and fees....

...pellee. PER CURIAM. Appellant's argument that the circuit court erred in dismissing his petition for writ of mandamus is without merit and is rejected; however, because the underlying action constitutes a "collateral criminal proceeding" pursuant to section 57.085(10), Florida Statutes (2005), the circuit court improperly imposed a lien upon Appellant's inmate trust account for payment of court costs and fees....

...This petition for writ of habeas corpus challenges the judgments and sentences imposed in Madison County Circuit Court case number 95-131-CF. This petition for writ of habeas corpus is frivolous because it has no arguable basis in law or fact. See § 57.085(9)(a), Fla....

...seeking review of the trial court's order denying a petition for a writ of mandamus challenging a forfeiture of gain-time. However, because the trial court proceeding was a "collateral criminal proceeding," it was exempt from the lien provisions of section 57.085, Florida Statutes (2005)....

...Butterworth, Attorney General, and Caryl Kilinski, Assistant Attorney General, Tallahassee, for appellee. PER CURIAM. Nebuchadnezzar Wrisper appeals an order of the Circuit Court for Leon County which dismissed his petition for writ of mandamus for failure to comply with section 57.085(7), Florida Statutes, to be certified as indigent in lieu of payment of the appropriate filing fee. The appellee moves for a relinquishment of jurisdiction to the trial court in light of Jackson v. Florida Department of Corrections, 25 Fla. Law Weekly S353, ___ So.2d ___, 2000 WL 551034 (Fla. May 4, 2000), which held section *296 57.085(7) to be unconstitutional....

...District Court of Appeal of Florida, First District. August 21, 2007. *338 Jose Perez, pro se. Bill McCollum, Attorney General, and Sherry Anita Toothman, Assistant Attorney General, Tallahassee, for Appellee. BROWNING, C.J. We write to again clarify the application of section 57.085, Florida Statutes....

...ditional release. He exhausted his administrative remedies, then filed a petition for writ of mandamus, seeking relief. Upon that filing, the clerk of court directed Appellant either to pay the filing fee or to file an affidavit of indigence, citing section 57.085, Florida Statutes. Appellant argued that section 57.085 did not apply. Nonetheless, Appellant's petition was dismissed for failure to pay the fee or provide the affidavit; the order cited section 57.085 as authority....

...Thereafter, the clerk of the trial court again asked Appellant either to pay a filing fee, or to file information for an affidavit of indigence. Appellant did file such an affidavit, but the trial court nonetheless placed a lien on his account, again citing section 57.085....

...We affirm the court's order relating to the merits without further comment. However, we reverse as to the lien and remand the case to the circuit court with instructions. A proceeding which affects a prisoner's gain-time or length of sentence, is exempt from section 57.085, Florida Statutes....

...See Cason v. Crosby, 892 So.2d 536, 537 (Fla. 1st DCA 2005) ("Recently, the supreme court in [ Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003)] held that cases such as the instant one, where the prisoner challenges the loss of gain-time, are exempt from section 57.085.")....

...After unsuccessfully pursuing his administrative remedies, Gaines filed his petition for writ of mandamus in the circuit court, seeking an award of credit for the time he spent out of custody following his release. The circuit court granted petitioner's request for leave to proceed as an indigent below, but pursuant to section 57.085, Florida Statutes, ordered that a lien be placed on petitioner's inmate trust account for the full amount of filing fees and costs incurred in connection with the circuit court proceedings. Gaines moved to strike the lien, arguing that his claim constituted a collateral criminal proceeding and thus was exempt from the lien provisions of section 57.085, but the circuit court denied that motion....

...amus should not be granted. The Lien Jenkins argues that the trial court erred by imposing a lien on his prison trust account to pay for the filing fees in this action because it was a collateral criminal proceeding, which is exempt from liens under section 57.085(10), Florida Statutes....

...Appellant likewise has failed to show cause why he should not be sanctioned for filing a frivolous appeal under Rule 9.410, Florida Rules of Appellate Procedure. This appeal is frivolous because, like the fourth amended complaint dismissed below, it has no arguable basis in law or fact. See § 57.085(9)(a), Fla....

Management Order enforcing the requirement of section 57.085(7), Florida Statutes (1997), a provision of

...73-313, Laws of Fla. On the other hand, the more specific one-year statute of limitations period of section 95.11(5)(g) was adopted in 1996. See Ch. 96-106, Laws of Fla. It applies to “aetion[s] brought by or on behalf of a prisoner, as defined in s. 57.085, relating to the conditions of the prisoner’s confinement.” § 95.11(5)(g), Fla. Stat. Section 57.085(1), Florida Statutes (2007), defines a “prisoner” as “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.” We find the statute of....

...his case, we AFFIRM. WETHERELL and BILBREY, JJ., concur. . While the status of the claimant in Calhoun v. Nienhuis, 110 So.3d 24 (Fla. 5th DCA 2013), was that of a pre-trial detainee, which is arguably outside the definition of prisoner contained in section 57.085, Florida Statutes, the Fifth District did not rely on the detainee’s status for applying the four-year statute of limitations period as opposed to the one-year statute of limitations period.

...Green v. Moore, 777 So.2d 425 (Fla. 1st DC A 2000). Finding no merit to Calero’s challenges to the circuit court’s denial of the mandamus petition, we affirm. However, Calero’s claim constituted a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes, and the trial court improperly imposed a lien on appellant’s inmate trust account to recoup court costs and fees....

...Appellant challenges the denial of his Petition for Writ of Mandamus, which sought a reinstatement of forfeited gain time. We affirm the lower court's order in all respects except that portion of the order that placed a lien on Appellant's inmate trust account for reimbursement of the filing fee, pursuant to section 57.085, Florida Statutes. As the Department of Corrections properly concedes, the action below was a collateral criminal proceeding and is thereby exempt, pursuant to section 57.085(1), Florida Statutes (2008)....

PER CURIAM. The appellant, Richard Allen Rankin [“Rankin”], seeks review of an order placing a lien on his inmate account pursuant to section 57.085(5), Florida Statutes (2004)....

...owever, he is not entirely without the means to pay appellate fees and costs.” The order placed a lien against Rankin’s jail inmate account and required monthly payments to cover the costs of the appeal process. Rankin now appeals this order 1 . Section 57.085(5) states in pertinent part: (5) When the clerk has found the prisoner to be indigent, the court shall order the prisoner to make monthly payments of no less than 20 percent of the balance of the prisoner’s trust account as payment of court costs and fees....

...urt costs and fees, and shall withdraw money maintained in that trust account and forward the money, when the balance exceeds $10, to the appropriate clerk of the court until the prisoner’s court costs and fees are paid in full. Subsection (10) of section 57.085 clearly states that this statutory provision does not apply to collateral criminal proceedings....

...Alexander, Lake City, pro se. *194 Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. De'Andre Alexander challenges an order that requires him to pay fees and costs pursuant to section 57.085 of the Prisoner Indigency Statute....

...We treat his petition as a timely filed appeal, and reverse and remand. The petition Alexander filed below constituted a collateral criminal action. Consequently, such action was exempt from the provisions of the Prisoner Indigency Statute which authorizes the imposition of liens to pay for court costs. See § 57.085(10), Fla....

...But we agree with the appellant that the underlying action is in the nature of a request for mandamus relief, and that, had the appellant succeeded on the merits, the length of her time in prison might have been affected. Thus, because the appellant's action constituted a collateral criminal proceeding under section 57.085(10), Florida Statutes, the circuit court erred by imposing a lien on her inmate account to cover the costs of this appeal....

PER CURIAM. Relying on section 57.085(9)(c), Florida Statutes (2000), the trial court dismissed appellant’s complaint, finding that its attachments demonstrated that he had litigated the same facts underlying this action in other courts....

...*259 Turning to the merits of the issue, in this court the State has conceded that Williams is entitled to have the record on appeal prepared at no cost, citing section 57.081(1), Florida Statutes (2011). That statute provides in relevant part: 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. As can be seen, the statute excludes prisoners “as defined in s. 57.085.” In turn, that statute provides that it “does not apply to a criminal proceeding or a collateral criminal proceeding.” § 57.085(10)....

...nal proceeding, he is not excluded from the benefit of section 57.081(1). See Schmidt v. Crusoe, 878 So.2d 861 , 367 n. 7 (Fla.2003) (holding that postconviction motions are collateral criminal proceedings, that as such they are outside the reach of section 57.085, and that section 57.081 applies); Alexander v....

...itled to a gain time award equal to the maximum amount that he might have earned had he been able to perform the activities for which gain time is normally awarded. For this filing, a lien was imposed against petitioner’s trust account pursuant to section 57.085, Florida Statutes....

...Concluding that the trial court lacked jurisdiction to reopen Yasir’s previously concluded lawsuit, we affirm. In 1998, Sabir Abdul-Haqq Yasir filed a lawsuit in the circuit court against Harry Singletary, as head of the Florida Department of Corrections. Pursuant to section 57.085(7), Florida Statutes (1997), Yasir was required to provide the court with copies of his previous civil actions....

...1 Yasir paid $7.50 to obtain copies of those documents and then he attached them to his pleading. Yasir’s claims were adjudicated on their merits and the action was closed. Subsequent thereto, in Mitchell v. Moore, 786 So.2d 521 (Fla.2001), the Florida Supreme Court struck down the copy requirement of section 57.085(7) as being unconstitutional, concluding that it denied certain prisoners access to the courts....

...Accordingly, the trial court properly concluded that Ya-sir was not entitled to reopen his case. AFFIRMED. PLEUS, J., concurs and concurs specially. SHARP, W., J., dissents, with opinion. *462 PLEUS, J., concurs and concurs specially. De minimis non curat lex. . Section 57.085(7) of the Florida Statutes (1997) provides: 57.085 Waiver of Prepayment of court costs and fees for indigent prisoners.— [[Image here]] (7) A prisoner who has twice in the preceding 3 years been adjudicated indigent under this section, certified indigent under s....

...Because such liens are not authorized under section 57.081, we reverse the order under review. Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005). We reject the appellee’s argument on appeal that the order should be affirmed upon the theory that the trial court might have imposed the lien pursuant to section 57.085, Florida Statutes. The trial court specifically ruled in its order to show cause that, “[u]nder Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003), this case is a ‘collateral criminal proceeding’ not subject to the fee deferral provisions of section 57.085, Florida Statutes[,]” and the appellee neither contested this ruling in the trial court nor filed a cross-appeal of the ruling in this court. And, in any event, the record in this case is not sufficiently developed for conclusive determination that the trial court’s ruling respecting the inapplicability of section 57.085 to this proceeding was erroneous....

...order placing a hen on his inmate account. We find that the court correctly concluded that Ruggirello’s mandamus petition was not a “collateral criminal proceeding” and that the petition was therefore subject to a hen for costs and fees under section 57.085(5), Florida Statutes....

...In response, DOC made the requested recommendation and then moved to dismiss the mandamus petition as moot. The court dismissed the petition as moot, but by separate order, found Ruggirello to be indigent and placed a lien on his inmate account pursuant to section 57.085(5)....

...Ruggirello filed a petition for writ of certiorari in this Cdurt, which this Court converted to an appeal. Ruggirello argues that his mandamus petition constituted a collateral criminal proceeding and was therefore exempt from the lien provision of section 57.085(5)....

...eral criminal proceeding under Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003), and Geffken v. Strickler, 778 So.2d 975 (Fla.2001). We cannot agree, and therefore reject the concession of error. When an indigent prisoner initiates a judicial proceeding, section 57.085(5), Florida Statutes, requires the court to order the inmate to make payments from the inmate’s trust account for court costs and fees, and requires DOC to place a lien on the trust account....

...Cox, 997 So.2d 343, 348 (Fla.2008) (defining collateral criminal proceedings as “all claims that, if successful, will directly affect ‘the length of time the inmate'will actually spend in prison’”) (citing Schmidt, 878 So.2d at 366 ). Accordingly, Ruggirello is exempt from the lien requirement of section 57.085(5) only if his petition to compel DOC to make a recommendation for clemency pursuant to section 944.30 would, if successful, directly affect the length of time he will actually spend in prison....

...n Offender Review (which oversees parole, conditional release, and other forms of discretionary release). For these reasons, any action related to executive clemency cannot be considered a “collateral criminal proceeding” as that term is used in section 57.085(10)....

...Spaziano, 48 So.3d 714 (Fla.2010), supports his position. The Court there held that “an action challenging the Florida Parole Commission’s determination of an inmate’s presumptive parole release date is a collateral criminal proceeding for the purposes of section 57.085(10), Florida Statutes (2009).” Spaziano, 48 So.3d at 715-16 ....

...Parole, like clemency, is an executive function that can result in the early release of an inmate from the judicially-imposed sentence. For this reason, Spaziano arguably supports the contention that an action regarding clemency is a “collateral criminal proceeding” under section 57.085(10)....

...RD”) as a collateral criminal proceeding. Because clemency exists outside of the legislatively-and judicially-controlled legal requirements related to sentencing and release from imprisonment, it is not a “collateral criminal proceeding” under section 57.085(10). Second, even if an action related to executive clemency could be a “collateral criminal proceeding” under section 57.085(10), the specific relief sought by Ruggirello cannot....

...d at 367 . IV. In reaching this conclusion, we recognize that Ruggirello was placed in this position by DOC’s unjustifiable refusal to meet its statutory obligation to recommend him for clemency. DOC must comply with the law. But we cannot rewrite section 57.085 in an attempt to alleviate the harm caused by DOC’s disregard of the law, as DOC’s concession would have us do....

...Houston, a prison inmate incarcerated at the South Bay Correctional Facility, which is operated on behalf of the state by Global Experts in Outsourcing, Inc., acting pro se and being indigent, filed the medical negligence complaint against the aforesaid defendants. The trial judge, pursuant to section 57.085(6), Florida Statutes (2009) [1] , reviewed Houston's claim and determined that it was legally insufficient as Houston failed to clearly indicate what his theory of liability was in reference to the medical negligence claim....

...We reverse the order dismissing the amended complaint and as we held in Bailey, do so without prejudice for the trial court upon motion of any party to conduct an evidentiary hearing in order to make findings of fact regarding the issue of waiver. Reversed and Remanded. TAYLOR and LEVINE, JJ., concur. NOTES [1] Section 57.085(6), Florida Statutes (2009), provides: Before an indigent prisoner may intervene in or initiate any judicial proceeding, the court must review the prisoner's claim to determine whether it is legally sufficient to state a cause of action for which the court has jurisdiction and may grant relief....

PER CURIAM. In these consolidated appeals, Richard Doss seeks review of orders of the circuit court which dismissed his petitions for writs of mandamus for failure to comply with a portion of a case management order requiring compliance with section 57.085(7). The appellee moves for a relinquishment of jurisdiction to the trial court in light of Jackson v. Florida Department of Corrections, 25 Fla. L. Weekly S353 , — So.2d -, 2000 WL 551034 (Fla. May 4, 2000), which held section 57.085(7) to be unconstitutional....

...: [[Image here]] (5) Within one year.— [[Image here]] (f) Except for actions described in subsection (8), a petition for extraordinary writ, other than a petition challenging a criminal conviction, filed by or on behalf of a prisoner as defined in section 57.085....

...to Pay Court Costs and Fees. That order provided as follows: THIS CAUSE came before the Court on the Palm Beach County Clerk & Comptroller’s request that this court order the indigent Plaintiff to make payments for court costs and fees. Under § 57.085(5), Florida Statutes, “[w]hen the clerk has found the prisoner to be indigent, the court shall order the prisoner to make monthly payments of no less than 20 percent of the balance of the prisoner’s trust account as payment of court costs and fees....

...Appellant argues that the trial court’s payment order must be reversed because he is not a prisoner, but rather is a civil detainee in the custody of the Department of Children and Families. Thus, he argues, the trial court erred in ordering a lien on his trust account based on section 57.085. Section 57.085(5), Florida Statutes (2009), provides in pertinent part that *1069 “[w]hen the clerk has found the prisoner to be indigent, the court shall order the prisoner to make monthly payments of no less than 20 percent of the balance of the...

...unt as payment of court costs and fees.” (Emphasis added). The term “prisoner” is defined as “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.” § 57.085(1), Fla. Stat. (2009). Here, appellant is not a prisoner within the meaning of section 57.085(1). Appellant is not serving a term of incarceration for a crime, nor is he being held in custody pending extradition or sentencing. A civil detainee under the Jimmy Ryce Act does not fall within the purview of section 57.085(l)’s definition of a prisoner because the detention is not part of punishment for a previous criminal conviction....

...l Prison Litigation Reform Act. See Troville v. Venz, 803 F.3d 1256, 1259-60 (11th Cir.2002). Because the statutory definition of “prisoner” does not include civilly committed detainees, the trial court erred in applying the payment provision of section 57.085(5) to appellant....

...writ of mandamus in a different lower tribunal, seeking to have that court order the DOC to grant the prison credit. For filing the petition for writ of mandamus, an order issued imposing a lien against petitioner's prison trust account pursuant to section 57.085, Florida Statutes....

...ses those two civil cases. While the order on appeal expresses skepticism regarding the merits of Mitchell’s lawsuits, the primary reason cited for denying the request to proceed as indigent is Mitchell’s failure to comply with subsection (7) of section 57.085, Florida Statutes — the statute that governs an inmate’s right to proceed as indigent in a civil case....

NORTHCUTT, Judge. This is an appeal from a summary denial of Todd McCray’s motion to proceed in forma pauperis. Appellee has conceded that the postconviction court erred in its application of section 57.085, Florida Statutes (2005), because McCray’s petition for writ of habeas corpus is a collateral criminal proceeding which, pursuant to section 57.085(10), is exempt from section 57.085. In his motion, McCray was not seeking deferral of prepayment of court costs and fees pursuant to section 57.085....

...We find no merit to Gaffney's claim that the circuit court departed from the essential requirements of law when it denied mandamus relief, and therefore deny the portion of his petition for writ of certiorari directed to that issue. However, because Gaffney's claim constituted a "collateral criminal proceeding" pursuant to section 57.085(10), Florida Statutes, we agree with petitioner that the trial court improperly imposed a lien on his inmate trust account to recoup court costs and fees....

...We deny the petition for writ of certio-rari on the merits as to petitioner’s claim that the circuit court departed from the essential requirements of law when it denied his petition for writ of mandamus. However, because petitioner’s claim constituted a collateral criminal proceeding within the meaning of section 57.085(10), Florida Statutes, the trial court improperly imposed liens upon petitioner’s inmate trust account for payment of court costs and fees....

...1st DCA 1999). We treat Petitioner's motion for review as if Petitioner had sought the proper remedy and had argued the issue in his petition for writ of certiorari. See Fla. R.App. P. 9.040(c). The circuit court should not have ordered the imposition of a section 57.085, Florida Statutes, lien for the payment of court costs and fees for the mandamus proceeding. Respondent correctly concedes that as Petitioner's action is a "collateral criminal proceeding," it is specifically exempted from section 57.085, so that "indigency determinations are to be made" according to section 57.081, Florida Statutes....

PER CURIAM. Clifford Grooms asserts the petition for writ of mandamus he filed in circuit court constituted a collateral criminal proceeding exempt , from the lien requirement of section 57.085(5), Florida Statutes (2013), because it, was a challenge to a disciplinary report that made him ineligible to receive •certain gain-time. See § 57.085(10), Fla....

...Dap’t of Corr., 159 So.3d 291, 292 (Fla. 1st DCA 2015) (“We agree with the Appellant that the portion of his. petition that challenged his inability to earn gain time for one month was a collateral criminal proceeding, which was exempt from the lien requirement of section 57.085, Florida Statutes.”)....

PER CURIAM. Mark Anthony Hughes contends that the Clerk of Court for the Tenth Judicial Circuit improperly refused to accept his petition for writ of mandamus for filing without his compliance with the Prisoner Indigency Statute, section 57.085(2), Florida Statutes (2003)....

...lted in a loss of gain time. However, the clerk of circuit court refused to accept the petition. Relying on Administrative Order 3-28.1 entered by the Chief Judge of the Tenth Circuit, the clerk returned Hughes’ pleading for failure to comply with section 57.085(2)....

...Weekly S367 , — So.2d -, 2003 WL 1987971 (Fla. May 1, 2003), Hughes is entitled to relief. In Schmidt, the Florida Supreme Court determined that the review that Hughes is seeking in the circuit court is a “collateral criminal proceeding” and, as such, falls outside the requirements of section 57.085(2)....

...Wright, Judge. November 13, 2024 PER CURIAM. DISMISSED. See Jackson v. Santa Rosa C.I., 94 So. 3d 676 (Fla. 1st DCA 2012) (dismissing as premature an appeal of an order dismissing a filing without prejudice to pay the filing fee or seek indigent status under section 57.085, Florida Statutes). OSTERHAUS, C.J., and KELSEY and NORDBY, JJ., concur.  _____________________________ Not final until disposition of any timely and authorized motion under Fla....

...Appellant appeals the trial court's order dismissing his petition for writ of mandamus for failure to comply with the terms of the trial court's case management order. Along with his petition for writ of mandamus, Appellant submitted documentation to proceed with his suit as an indigent pursuant to section 57.085, Florida Statutes (1997)....

...Appellant argues the trial court abused its discretion by dismissing his petition without first affording him an opportunity to correct the deficiency. We agree. As this court has previously and succinctly held, it is an abuse of discretion to dismiss a petition for failing to comply with the requirements of section 57.085 without first affording to the party an opportunity to correct the deficiencies....

PER CURIAM. Affirmed. See § 57.085(2), Fla....

...§ 1915 , merely “submitting an in forma pauperis complaint to the clerk does not result in commencement of the litigation and satisfaction of the statute of limitations.”); Reed v. Mims, 711 So.2d 169, 171 (Fla. 3d DCA 1998) (“It is evident that [§ 57.085] is patterned after similarly worded 28 U.S.C....

...On August 17, 2006, in conjunction with the circuit court clerk’s Certificate of Indigence, the trial court ordered the Department of Corrections to place a lien on Appellant’s trust account for the full amount of court costs and fees pursuant to section 57.085(5), Florida Statutes....

...The State concedes, and we agree, that the trial court erred. Mr. Burris' filing of the petition, which sought to enforce an alleged plea agreement, constitutes a collateral criminal action. See Geffken v. Strickler, 778 So.2d 975, 976 (Fla.2001). Section 57.085(10), Florida Statutes (2006), specifically exempts such actions from the provisions of the Prisoner Indigency Statute authorizing the imposition of liens to pay for court costs....

complaint pursuant to mandatory prescreening under section 57.085(6), Florida Statutes (2022). The circuit court

...petition for writ of mandamus. Appellant did not show that he received an illegal sentence and his challenges to the parole statutes are properly reviewed in a mandamus petition. However, the circuit court erred in requiring appellant to comply with section 57.085, Florida Statutes. Collateral criminal proceedings are exempt from this statute and the general indigency statute, section 57.081, Florida Statutes, applies in this case. See § 57.085(10), Fla....

PER CURIAM. The trial court should not have dismissed appellant’s petition for writ of mandamus without specifying which documents appellant failed to supply in his previous filings under section 57.085(7), Florida Statutes (1997)....

...or to his delivery to the custody of the Department of Corrections. The circuit court denied that claim on the merits, and Mathis does not challenge that ruling before this court. However, he asserts that the circuit court erred when, in reliance on section 57.085, Florida Statutes (2006), it imposed a lien on his inmate trust account to recoup filing fees and costs....

...The Department concedes and we agree that petitioner's argument in this regard is meritorious. Since this claim, if successful, would have reduced the time he will spend in prison, it constituted a "collateral criminal" proceeding as described in Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003). Because section 57.085 was inapplicable, the imposition of a lien on petitioner's inmate trust account was not authorized by law....

...he circuit court departed from the essential requirements of law when it denied his petition for writ of mandamus. However, as the Department correctly concedes, petitioner’s claim constituted a collateral criminal proceeding within the meaning of section 57.085(10), Florida Statutes....

...Harry’s petition for writ of mandamus was filed in this court, seeking an order directing the circuit court to waive the fee for filing his petition for writ of habeas corpus. The circuit court denied Harry’s petition for writ of habeas corpus, finding that he failed to comply with section 57.085, Florida Statutes (1997) which prescribes the conditions under which filing fees are waived for indigent prisoners. The circuit court also addressed the mandamus, notwithstanding, notwithstanding the fact that it was filed in this court. Because section 57.085 does not apply to a petition for writ of habeas corpus, and because the circuit court did not have jurisdiction to deny Harry’s petition for writ of mandamus, we reverse....

...t of his Petition for Writ of Mandamus. We agree with the Appellant that the portion of his petition that challenged his inability to earn gain time for one month was a collateral criminal proceeding, which was exempt from the lien requirement of section 57.085, Florida Statutes (2013)....

PER CURIAM. Petitioner’s argument that the circuit court erred in denying his petition for writ of mandamus is without merit and is rejected; however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes (2005), the circuit court improperly imposed a lien upon petitioner’s inmate trust account for payment of court costs and fees....

PER CURIAM. The final summary judgment for defendant is AFFIRMED. § 96.11(3)(i), Fla. Stat. We find this appeal to be frivolous and filed in bad faith. See § 57.085(9), Fla....

PER CURIAM. The instant petition for writ of mandamus presents a challenge to a circuit court order which requires petitioner to comply with section 57.085, Florida Statutes, in order to proceed with his petition filed in that court....

...His remedy in that circumstance is a motion directed to the circuit court under Florida Rule of Civil Procedure 1.540(b). See Powell v. Fla. Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983). Petitioner also argues that the circuit court erred in applying section 57.085, Florida Statutes, to his request for indigency status but that ruling may be reviewed, if at all, in the appeal from the final order....

...State v. Robenson, Case No. 94-01770-CF (Fla. 5th Cir. Ct., Lake Cty.). Appellant likewise has failed to show cause why he should not be sanctioned for filing a frivolous appeal under rule 9.410. This appeal has no arguable basis in law or fact. See § 57.085(9)(a), Fla....

“Inmate Affidavit of Indigen-cy Civil Proceedings F.S. 57.085,” which *449reflected no income or assets other

...Appellee. BENTON, J. Dwayne Roberts appeals an order denying petitions for writ of mandamus in which he sought relief from a lien which was placed on his inmate trust account— in an earlier mandamus proceeding—under the authority of section 57.085(5), Florida Statutes (2013)....

...When, by motion in circuit court, he sought relief from this indigency order, including dissolution of the lien, the circuit court denied the motion. He then sought certiorari review of the indigency order here, arguing he was exempt from paying court costs and fees in a collateral criminal proceeding. See § 57.085(10), Fla....

...In Mobley, we ruled: Henceforth, where an appellant has sought review of an order denying a motion seeking post-appellate rehearing of an interlocutory ruling, such as the imposition of a lien pursuant to section 57.085, Florida Statutes, the Court will treat the appeal[] as seeking review of an order denying a motion for rehearing filed pursuant to Florida Rule of Appellate Procedure 9.330. An untim...

...In Schmidt , the supreme court held that any action which could conceivably reduce a litigant’s prison time, should the prisoner litigant prevail, is a collateral criminal proceeding; thus, the litigant is exempt from the filing fee requirement and lien provisions contained in section 57.085, Florida Statutes (2001)....

...Significantly, the 1999 version of section 57.105, “applies to any claim or defense, and does not require that the entire action be frivolous.” *64 Albritton v. Ferrera, 913 So.2d 5, 8 (Fla. 1st DCA 2005) (citations and footnote omitted). Before the enactment of section 57.085, Florida Statutes (2001), challenges to prisoner disciplinary actions were treated as civil petitions, not collateral criminal proceedings....

...Because Appellant’s petition is now considered a collateral criminal proceeding under Schmidt , Appellant cannot be sanctioned under section 57.105 for filing a meritless claim. He is also not required to bear any of the costs imposed on the courts and the public for filing his action. The legislature passed section 57.085, Florida Statutes (2001), the Prisoner Indi-gency Statute, to reduce frivolous prisoner litigation....

PER CURIAM. In this civil prisoner appeal, the circuit court declined to grant appellant’s motion for leave to proceed as an indigent pursuant to section 57.085(7), Florida Statutes. The circuit court was within its discretion to deny appellant’s request to proceed as an indigent. See Maddrie v. Colton, 998 So.2d 668, 670 (Fla. 4th DCA 2009) (“Section 57.085 is intended to discourage frivolous lawsuits by inmates who abuse the civil indigency statutes.”)....

...On March 31, 2000, Lester Johnson filed an action for breach of contract, fraud and negligence against Thomas Burns. Along with the complaint, Johnson filed a motion for waiver of prepayment of court costs and fees for indigent prisoners, pursuant to section 57.085, Florida Statutes (1999)....

...In his financial affidavit, Johnson indicated that he did not have a monthly income, did not receive money from any source and did not have any assets. On May 4, 2000, the trial court filed a docketing order informing Johnson that he had not complied with section 57.085, Florida Statutes (1999), because the affidavit did not contain legally sufficient information concerning his prior litigation history....

...On June 7, 2000, Johnson filed a subsequent motion for waiver of prepayment of court costs and fees due to indigency, providing that he was not employed and had no assets. He also indicated that in the preceding three years he has been *346 adjudicated indigent under section 57.085, Florida Statutes, certified indigent under section 57.081, Florida Statutes, or authorized to proceed as indigent by the federal courts, under 28 U.S.C.1915....

...On June 26, 2000, the trial court summarily denied Johnson’s request for waiver of prepayment of court costs and fees due to indigency. On October 25, 2000, the trial court entered an order dismissing his cause of action for failure to pay the required filing fee of $95.00. Section 57.085, Florida Statutes (1999), applies to indigent prisoners seeking a waiver of prepayment of court costs and fees. Section 57.085 provides in pertinent part: (1) For the purposes of this section, the term “prisoner” means 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....

...The prisoner must attach to a request for leave of court a copy of each complaint, petition, or other document purporting to commence a lawsuit and a record of disposition of the proceeding. (Emphasis added). The record indicates that Johnson is a prisoner and he did file an affidavit containing the information required by section 57.085(2). However, Johnson did not provide a list of each suit, action, claim, proceeding, or appeal filed in any court or other adjudicatory forum in the preceding five years, as required by section 57.085(7). Although the supreme court has declared the copy requirement in section 57.085(7) unconstitutional, it has not held the prior litigation listing requirement unconstitutional....

...However, the trial court did not abuse its discretion when it denied Johnson’s request for waiver of prepayment of court costs and fees due to indigency and subsequently dismissed his cause of action, because Johnson failed to comply with the prior litigation listing requirement in section 57.085(7)....

...The circuit court complied with rule 9.430 and provided reasons for its denial of the motion. The circuit court denied the motion for order of insolvency as legally insufficient based upon appellant's failure to provide an affidavit as to economic status. Section 57.085, Florida Statutes (2005), provides that an indigent prisoner may defer prepayment of court costs and fees by filing an affidavit of indigency which contains among other things, the nature and amount of prisoner's income as well as tangible and intangible property....

...The trial court entered an order directing the clerk of court not to issue a certificate of indigency to Sawyer in the underlying cause of action, finding that he was not entitled to such benefits under section 57.081, Florida Statutes (2002). Although this particular indigency statute specifically excludes state prisoners, section 57.085 does contain the procedure by which a prisoner may proceed in court without charge....

...the record of his inmate *106 account filed 21 months earlier. Relying on information that was two and one-half years old, the circuit court dismissed the petition. When an inmate is required to pay part of the costs and fees related to litigation, section 57.085(4), Florida Statutes (2004), provides: “The initial partial payment must total at least 20 percent of the average monthly balance of the prisoner’s trust account for the preceding 6 months or for the length of the prisoner’s inca...

PER CURIAM. Gerald McKire, a state inmate, appeals an order by which his petition for writ of *1235 mandamus was dismissed for failure to provide the financial documentation required by section 57.085, Florida Statutes....

...May 21, 2003), in which the supreme court held that where, as here, a prisoner challenges the loss of gain-time as a result of a disciplinary action, such a claim is a collateral criminal proceeding, and the prisoner’s right to proceed as an indigent is thus determined in accordance with section 57.081, rather than section 57.085....

of prepayment of court costs and fees under section 57.085, Florida Statutes (1995). Under the statute

PER CURIAM. Paul Hett seeks review of the trial court’s order granting his request for indi-gency status, yet dismissing his mandamus petition pursuant to section 57.085(6), Florida Statutes (2003)....

...Pursuant to Schmidt v. Crusoe, 28 Fla. L. Weekly S367 , — So.2d -, 2003 WL 1987971 (Fla. May 1, 2003), Hett is entitled to relief as the review he seeks in the circuit court is a “collateral criminal proceeding” and, therefore, falls outside the requirements of section 57.085....

PER CURIAM. James Reese appeals an order dismissing his petition for writ of mandamus for failure to comply with the circuit court’s case management order directing him to file appropriate indigency documentation, as required by section 57.085(2), Florida Statutes (2003)....

...PRISONER’S MOTION AND AFFIDAVIT TO PROCEED WITHOUT PREPAYMENT OF COURT COSTS AND FEES I, , am a plaintifPpetitioner/appellant in the above-styled action. I have been convicted of a crime and am currently incarcerated for that crime, or I am being held in custody pending extradition or sentencing. Pursuant to § 57.085, Fla....

...During the past three years, have you been permitted two or more times to proceed without prepayment of court costs or fees in Florida or federal courts or adjudicatory forums, or to intervene in actions in these courts or adjudicatory forums without prepayment of court costs or fees, pursuant to sections 57.081 or 57.085, Florida Statutes, or 28 U.S.C....

...Petitioner (Plaintiff) appears to be incarcerated for conviction of a crime or pending extradition or sentencing. The documents filed by Petitioner (Plaintiff) are insufficient to determine whether the Petitioner (Plaintiff) is indi *243 gent under Section 57.085, Florida Statutes....

...Petitioner (Plaintiff) must either pay the filing fee stated above or file the following items (as marked) •with this tribunal •within 45 days of the date of. this order: 1. Affidavit of indigency containing Petitioner’s (Plaintiffs) identity and the financial information required by Section 57.085(2), Florida Statutes. 2. Statement in the affidavit regarding whether the Petitioner (Plaintiff) has been determined to be indigent under Sections 57.081 or 57.085, Florida Statutes, or 28 U.S.C....

...ORDER ON PRISONER’S INDIGENCY Based on a claim of indigency, Petitioner (Plaintiff) seeks waiver of prepayment of court costs and fees, pursuant to Section 57,085, Florida Statutes. .Having reviewed the documents filed by Petitioner (Plaintiff), this tribunal finds that Petitioner (Plaintiff) is a prisoner as defined by Section 57.085(1), Florida Statutes, and orders as follows: L DETERMINATION OF INDIGEN-CY (check one) _ A NOT INDIGENT....

...r relief from judgment • filed under rule 8.270, Florida Rules of Juvenile Procedure. The omission of such a provision in the current rules is apparently an oversight. . The exception for criminal and collateral criminal proceedings is required by section 57.085(10), Florida Statutes (2004), which excepts such proceedings from the application of the Prisoner Indigency Statute....

PER CURIAM. Petitioner’s argument that the circuit court erred in denying his petition for writ of mandamus is without merit and is rejected; however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes (2005), the circuit court improperly imposed a lien upon petitioner’s inmate trust account for payment of court costs and fees....

...Petitioner’s argument that the circuit court erred in denying a petition for writ of mandamus which challenged the setting of his presumptive parole release date is without merit and is rejected. But because the underlying action constituted a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes (2006), the circuit court improperly imposed a lien upon petitioner’s inmate trust account for payment of court costs and fees....

...er petition for writ of mandamus. She advances three arguments on appeal: (1) the lower court erred when it construed her petition as seeking mandamus relief; (2) the lower court erred when it dismissed her petition based on a failure to comply with section 57.085, Florida Statutes; and (3) the lower court erred when it ordered her to pay appeal service charges and ordered a lien placed on her prison trust account....

...EPRD is appropriately reviewed by mandamus.”).  As to the latter two issues, Appellee concedes error. Miller’s mandamus petition and subsequent appeal were collateral criminal proceedings and therefore exempt from the fee and lien provisions of section 57.085. See § 57.085(10), Fla....

...(“This section does not apply to a criminal proceeding or a collateral criminal proceeding.”); Fla. Parole Comm’n v. Spaziano, 48 So. 3d 714, 724 (Fla. 2010) (holding that challenges to an inmate’s PPRD are collateral criminal proceedings and “section 57.085(10) precludes imposition of a lien on the inmate’s trust account to recover applicable filing fees”); see, e.g., Whited v....

...Appellant initially filed the petition for writ of mandamus in this court, along with an affidavit of indigency. On July 3, 2002, this court issued a certificate of indigency, permitting appellant to "proceed without prepayment of costs in compliance with Section 57.085(2) or 57.081(1), Florida Statutes (2001)." Two days later, this court transferred appellant's petition to the circuit court pursuant to Florida Rule of Appellate Procedure 9.040(b)....

...A copy must be sent to the court." The circuit court dismissed the case on September 26, 2002, explaining that appellant did not "file a copy of the complaint for each defendant." Here, as in Gonzalez v. Moore, 743 So.2d 158 (Fla. 1st DCA 1999), "this court had concluded that appellant had complied with section 57.085 before it transferred the case to the circuit court....

...The second round of appeals were also returned without action. Appellant then filed in the lower tribunal a petition for writ of mandamus which, in part, sought a declaratory judgment. For this filing, a lien was imposed against Appellant’s trust account pursuant to section 57.085, Florida Statutes....

...of service of process was error. I. Appellant filed a complaint against Appellees in July 2023 along with a Prisoner Affidavit of Indigency. The Lake County Clerk of Court determined Appellant indigent under section 57.085(5), Florida Statutes (2024). But rather than issuing summons and serving Appellees in accordance with section 57.085(5), in December 2023 the clerk issued a notice of failure to serve initial process and pleading on Appellant, directing him to perfect service within twenty days. Within that twenty-day period, Appellant filed a notice of good cause fo...

...1st DCA 1993). Under the prisoner indigency statute, an inmate who is determined to be indigent may have the clerk issue summons and effect service on a complaint filed by the inmate, but the prepayment of costs is deferred rather than waived. 1 § 57.085, Fla. 1 A court is not automatically required to effect service of a civil lawsuit initiated by an indigent inmate; instead, the court 2 Stat. The statute requires the inmate to file an affidavit of indigence with the clerk of the court, which must include detailed financial information and a photocopy of the inmate’s trust account records for the preceding six months. Id. § 57.085(2). The clerk must review the affidavit and determine whether the inmate is indigent. Id. § 57.085(3). If the inmate is found to be indigent, the court will order the inmate to make an initial partial payment of at least twenty percent of the average monthly balance of the inmate’s trust account for the preceding six months. Id. § 57.085(5)....

...The remaining costs and fees are then paid through monthly deductions from the inmate’s trust account. Id.; see also Fla. Parole Comm’n v. Spaziano, 48 So. 3d 714 (Fla. 1st DCA 2010). Here, Appellant was determined indigent, but the court failed to follow the dictates of section 57.085 directing the clerk to serve his complaint on Appellees....

...The trial court first issued a notice of failure to serve initial process and directed Appellant to effect service within twenty days, then dismissed the action without prejudice. The trial court erred, and so we reverse and remand for the trial court, if it finds Appellant’s claims legally sufficient under section 57.085(6), to direct the clerk to issue summons and effect service on the Appellees under section 57.085(5). must first review the prisoner’s claim to determine its legal sufficiency before any judicial proceeding is initiated or service of process is authorized. See § 57.085(6), Fla....

PER CURIAM. Petitioner’s argument that the circuit court erred in denying his petition for writ of mandamus is without merit and is rejected. But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes (2005), the circuit court improperly imposed a lien upon petitioner’s inmate trust account for payment of court costs and fees....

...inistrative remedies seeking credit for the time petitioner had already served in prison. Petitioner then filed in the lower tribunal a petition for writ of mandamus. For this filing, a lien was imposed against petitioner's trust account pursuant to section 57.085, Florida Statutes....

...Because petitioner's mandamus action, if successful, would have directly affected the amount of time that petitioner would spend in prison, the mandamus *296 action was a collateral criminal proceeding. Therefore, the May 10, 2005, order imposing the 57.085 lien on petitioner's prison trust account, and the July 8, 2005, order denying petitioner's June 10, 2005, motion for relief from the May 10, 2005, order, are VACATED....

...int was filed in 1997. But Lovette’s mandamus petition indicates the complaint was filed in 2007. . A lien was placed on Lovette's prison trust account for court costs and fees since the mandamus action is not a collateral criminal proceeding. See § 57.085, Fla....

..._____________________________ Emergency Petition for Writ of Mandamus—Original Jurisdiction. December 28, 2018 PER CURIAM. This petition for writ of mandamus seeks to compel the trial court to apply section 57.085(6), Florida Statutes (2017), to a complaint pending against Petitioners....

...∗ The trial court set an ambitious discovery schedule and scheduled the trial to begin less than sixty days later. Petitioners moved to continue the trial, asserting that the case was not ready for trial because the claims in the second amended complaint had not been screened as required by section 57.085(6), Florida Statutes....

...ith the statute by screening the claims in the original complaint. Petitioners then filed a petition for writ of mandamus in this Court, seeking to require the trial court to screen the claims in the second amended complaint in compliance with section 57.085(6), Florida Statutes, which provides as follows: Before an indigent prisoner may intervene in or initiate any judicial proceeding, the court must review the prisoner’s claim to determine whether it is...

...just those set forth in the original complaints. See Reed v. Mims, 711 So. 2d 169, 172 (Fla. 3d DCA 1998) (affirming the dismissal of the original complaint, but concluding that plaintiff was entitled to leave to file an amended complaint, which “will trigger another section 57.085 review” by the trial court). See also James v. Goryl, 62 So. 3d 1225, 1226 (Fla. 5th DCA 2011) (observing that an “amended complaint will also be subject to preliminary review under section 57.085(6)”). As the Third District recognized in Reed, section 57.085 was enacted in part to allow dismissal of frivolous inmate lawsuits to avoid the unnecessary expenditure of taxpayer and judicial 3 resources....

...Here, Respondent added forty new claims between the time he filed the original complaint and the second amended complaint. The trial court was required to screen these new claims, no less than the claims set forth in the original complaint, to perform the gatekeeping function that section 57.085(6) requires. But while the Petitioners have demonstrated that they had a clear legal right for the trial court to perform a clear legal duty under the statute, Petitioners have failed to establish that they lack other available legal remedies....

PER CURIAM. The appellant’s argument that the trial court erred in denying his petition for writ of mandamus is rejected. But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes, the trial court improperly imposed liens upon the appellant’s inmate trust account for payment of court costs and fees....

...ourt. Appellant responded with a "Motion to Stay Pending Review" which urged the court to consider the merits of his appeal. Appellant has failed to show cause why the trial court's order should not be summarily affirmed. The court correctly applied section 57.085, Florida Statutes, to find the action frivolous or malicious and to dismiss the action. §§ 57.085(8) & (9), Fla....

writ of mandamus for failure to comply with section 57.085(7), Florida Statutes, to be certified as indigent

...On November 17, 2000, the circuit court had, indeed, dismissed the petition pending before it on remand. As grounds, it stated that, because his petition had been converted to a petition for writ of mandamus, Mr. Rowe had either to comply with the requirements of section 57.085, Florida Statutes (1999), or pay a filing fee. We have previously held that dismissal of a petition for writ of mandamus for noncompliance with section 57.085, Florida Statutes, is error....

...1st DCA 2000); Wilson v. Moore, 767 So.2d 1246, 1246 (Fla. 1st DCA 2000); Wrisper v. Florida Dep’t of Corrections, 765 So.2d 295, 295-96 (Fla. 1st DCA 2000). Several months before the circuit court dismissed Mr. Rowe’s petition, important parts of section 57.085 were adjudicated unconstitutional....

BARFIELD, C. J. Appellant, an indigent prisoner, challenges the trial court’s order sua sponte dismissing his tort complaint against a grocery store under the authority of section 57.085, Florida Statutes (1997). We reverse. As noted in Reed v. Mims, 711 So.2d 169, 170 (Fla. 3d DCA 1998), section 57.085 was enacted in 1996, to address “a perceived problem of frivolous civil lawsuits filed by indigent prison inmates” and provides, in pertinent part: (6) Before an indigent prisoner may intervene in or initiate any judicial proceedin...

...claim; (d) The prisoner’s claim has little likelihood of success on its merits; or (e) The allegations of fact in the prisoner’s claim are fanciful or not credible. In Reed , the court observed that federal precedent is persuasive in construing section 57.085, which “is patterned after similarly worded 28 U.S.C....

...r to its dismissal for failure to state a claim, unless the court can rule out any possibility, however unlikely it might be, that an amended complaint would succeed in stating a claim.” Similarly, the Florida court in Reed held that “[ajlthough section 57.085 must be interpreted so as to accomplish its intended purpose, it must also be applied flexibly so as to allow access to courts for those with legitimate claims” and that “where it appears that a pleading’s deficiencies can be cur...

...o harass this Defendant.” We further find that appellant cannot constitutionally be denied access to courts based upon the trial court’s finding that his claim “has little likelihood of success on its merits,” notwithstanding the language of section 57.085(9)(d)....

ORDER DETERMINING JURISDICTION ON APPEAL FROM ORDER DENYING INDIGENCY STATUS KLEIN, J. Petitioner has appealed an order denying his request to proceed as an indigent in a civil case in the trial court under section 57.085, Florida Statutes (2001)....

...We conclude that under these circumstances it would be unlikely that a litigant would be able to obtain an order of dismissal. We will therefore continue to review these orders under our certiorari jurisdiction. The trial court denied indigency on the ground that the petitioner did not comply with all of the requirements of section 57.085, Florida Statutes (2001) and pointed out specifically that petitioner’s affidavit was not notarized....

...is remanded for further proceedings. See Tooma v. Moore, 743 So.2d 1189, 1189 (Fla. 1st DCA 1999)(“As this court has previously and succinctly held, it is an abuse of discretion to dismiss a petition for failing to comply with the requirements of section 57.085 without first affording to the party an opportunity to correct the deficiencies.”); see also Bandy v....

...circuit court challenging the calculation of his Presumptive Parole Release Date. The circuit court found him to be indigent, but ordered the Department of Corrections to place a lien on his prisoner trust account for court costs and fees, citing section 57.085(5), Florida Statutes....

...The court entered another order to place a lien on appellant’s account for appellate costs and fees. On appeal, Whited argued the court erred in imposing a lien on his inmate trust account because his challenge to his Presumptive Parole Release Date was a collateral criminal proceeding, for which subsection 57.085(10) precludes a lien. He relied on Florida Parole Commission v....

...Spaziano, in which the supreme court held: [I]nmate challenges, regardless of their nature, to the Florida Parole Commission’s determination of an inmate’s presumptive parole release date constitute collateral criminal proceedings for the purposes of section 57.085(10). Accordingly, when such an action is brought, section 57.085(10) precludes imposition of a lien on the inmate’s trust account to recover applicable filing fees. 48 So....

...We find the circuit court erred in imposing liens on appellant’s inmate trust account for court costs and fees for filing his petition for writ of mandamus and subsequent appeal. See Fla. Parole Comm'n. v. Spaziano, 48 So.3d 714, 724 (Fla.2010); and § 57.085(10), Fla....

...account be released and any funds that had been removed be reimbursed. 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....

...g 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 ....

...plan as provided in section 28.246. However, “[f]iling fees waived from payment under s. 57.081 may not be included in the calculation related to a payment plan established under this section.” Id. In contrast the prisoner indigency statute, section 57.085, “defer[s]” rather than waives “the prepayment of costs and fees.” § 57.085(2), Fla. 1 While the trial court’s order does not directly impose a lien, we find that it is in contravention of our previously issued opinion that a lien may not be imposed for costs and fees associated with this type of proceeding....

...It requires inmates to make an initial partial payment if possible, and it requires that “the Department of Corrections or local detention facility shall place a lien on the inmate’s trust account for the full amount of the court costs and fees.” § 57.085(4)-(5), Fla. Stat. Except, subsection 57.085(10) states “[t]his section does not apply to a criminal proceeding or a collateral criminal proceeding.” In Schmidt v. McDonough, 951 So. 2d 797 (Fla. 2006), on which the circuit court here relied, the supreme court considered which statutory provision applies when a prisoner brings a criminal or collateral criminal proceeding that is exempt from section 57.085....

...The supreme court began by noting that “[w]hile some prisoner filings, such as habeas petitions, generally may be filed free of filing fees and other court costs, many prisoner filings are subject to such costs.” Id. at 799. “Both the general indigency statute, section 57.081, and the prisoner indigency statute, section 57.085, apply only to those filings that are not free of costs.” Id. The court explained that “section 57.085 . . . was intended to supplant the general indigency statute for most purposes where prisoners’ civil filings are concerned.” Id. at 800. However, if “‘(section 57.085) does not apply . . . the general indigency statute (section 57.081) does.’” Id. at 802 (quoting Schmidt v. Crusoe, 878 So. 2d 361, 367 n.7 (Fla. 2003)). Thus, if a prisoner files a collateral criminal proceeding that is exempt from section 57.085, the prisoner “‘must prove his inability to pay by filing an affidavit ....

...oner.’” Id. (quoting § 57.081(1), Fla. Stat.). However, the court explained that “language in section 57.081 excepting prisoners’ filings applies only to those filings that are otherwise subject to the prepayment and lien requirements of section 57.085,” which is not the case where a prisoner files a criminal or collateral criminal proceeding....

...Thus, the court concluded that “the filing of a mandamus petition,” which was filed in that case, “is not free of costs, and that although such petitions are exempt from the prepayment and lien requirements of the prisoner indigency statute, section 57.085, they continue to be subject to the certification requirements of the general indigency statute, section 57.081.” Id....

...general waiver of prepayment of court costs and fees for persons who are determined to be indigent, but expressly does not apply to prisoners who file or intervene in civil proceedings. See § 57.081(1), Fla. Stat. (2009). Under section 57.085, known as the “Prisoner Indigency Statute,” prepayment of court costs is deferred rather than waived, meaning that an indigent prisoner, if he or she is able, must make an initial partial payment of court costs and fees. A lien is then 2 The court also held that if a prisoner filed a “mixed claim” containing both civil and collateral criminal claims, that petition would be subject to the lien and prepayment requirements of section 57.085. Schmidt, 951 So. 2d at 803. 6  placed on that inmate’s trust account for payment of the remaining costs and fees in monthly installments. See § 57.085(4)-(5), Fla. Stat. Importantly, the act expressly exempts criminal proceedings and collateral criminal proceedings from application of the payment and lien provisions of the statute. See § 57.085(10), Fla. Stat. (2009). Spaziano, 48 So. 3d at 717-18. As noted above, the Spaziano court concluded that a challenge to a presumptive parole release date was a collateral criminal proceeding, from which the Legislature has exempted the lien provision of section 57.085....

...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 ....

...1st DCA 2006), this court explained that sections 57.081 and 28.246 “concern . . . a ‘payment plan’” which “is to be distinguished from a lien, which is a qualified right or proprietary interest which may be exercised over the property of another.” Because “section 57.081, unlike section 57.085, does not contain statutory language authorizing imposition of a lien,” such a lien cannot be imposed....

... Based on the foregoing, it seems it is appropriate for this court to issue an order enforcing its mandate. This court’s mandate required the circuit court to remove the lien from appellant’s prisoner trust account because he was exempt from the lien provision of section 57.085....

PER CURIAM. The appellant prisoner challenges both an order by which his petition for writ of *1092 mandamus was denied based upon the trial court’s determination that the petition was untimely and an order by which a section 57.085 lien was placed on his inmate account in connection with the mandamus proceeding....

...We reverse the first order because, as the appellee concedes, the mandamus proceeding was commenced within the time prescribed by section 95.11(8), Florida Statutes. And we reverse the second order because the underlying mandamus proceeding is a “collateral criminal proceeding” in connection with which a section 57.085 lien may not be imposed....

...for Appellee. PER CURIAM. Jonathan Lewis, an inmate, appeals orders dismissing two negligence actions because he did not pay the filing fees. We reverse and remand, because the trial court directed appellant to comply with a portion of section 57.085(7), Florida Statutes (2012), that has been declared unconstitutional.  After appellant asked the lower court to find that he was indigent and to waive court costs,1 the court determined that appellant had been adjudicated indigent under section 57.081, Florida Statutes (2012), twice in the preceding three years, and thus directed him pursuant to section 57.085(7) to submit a listing of each suit, action, claim, proceeding, or appeal that he had brought in the preceding five years, and to attach a copy of each of these documents and a record of the disposition of each. Appellant did...

...The lower court denied appellant’s motions to be declared indigent and directed him to pay the filing fees within thirty days. When Appellant did not pay the filing fees, the court dismissed his lawsuits. This was error. The Florida Supreme Court had held the copying requirement in section 57.085(7) to be unconstitutional....

...We cannot 1 Because appellant’s lawsuits are negligence actions rather than collateral criminal proceedings, he is not entitled to a waiver of court costs under section 57.081 if he is found to be indigent on remand, but only to a deferral of prepayment of court costs and fees under section 57.085....

...1st DCA 2007), appellant sufficiently challenged the copy requirement below and on appeal. Because this requirement was unconstitutionally imposed contrary to Jackson and Mitchell, appellant must be given the opportunity to submit a list of his prior actions required by section 57.085(7), minus the copies. Contrary to the arguments of the parties, the trial court did not definitively determine that appellant is a vexatious litigant, and any such determination must be reached in compliance with section 68.0...

...Charles Sanders (“Sanders”), filed a petition for writ of mandamus seeking an order directing the office of Harvey Ruvin, clerk of the circuit court (“clerk”), to accept his pleadings below. The clerk’s office asserts that it will accept Sanders’ pleadings once Sanders submits the documents required under section 57.085, Florida Statutes (2004), i.e., an affidavit of indigency and a copy of the inmate’s trust account....

...The petitioner’s argument that the trial court departed from the essential requirements of law by denying his petition for writ of mandamus is without merit and is rejected. But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes, the trial court improperly imposed liens upon the petitioner’s inmate trust account for payment of court costs and fees....

...We find the circuit court erred in imposing liens on appellant’s inmate trust account for court costs and fees for filing his petition for writ of mandamus and subsequent appeal. See Fla. Parole Comm’n. v. Spaziano, 48 So.3d 714, 724 (Fla.2010); and § 57.085(10), Fla....

...Petitioner’s challenge to his revocation of parole constitutes a collateral criminal proceeding. See Crosby v. Fla. Parole Comm’n, 949 So.2d 1181, 1183 (Fla. 1st DCA 2007). Therefore, his indigency determinations were to be made under section 57.081, Florida Statutes, rather than section 57.085, Florida Statutes....

...Appellant’s argument that the circuit court erred in dismissing his extraordinary writ petition for failure to exhaust administrative remedies is without merit and is rejected. But because the underlying action constituted a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes (2006), the circuit court improperly imposed a lien upon appellant’s inmate trust account for payment of court costs and fees....

...The trial court dismissed the petition due to Appellant’s failure to comply with the order directing him to timely file his affidavit of indigency along with a copy of the previous six months’ statements of his Department of Corrections inmate trust account. See § 57.085(2), Fla....

...We affirm. Appellant’s petition in the trial court sought to compel the Department to compensate him or replace personal property lost in a search of his prison cell during his absence. The petition initiated a civil action, not a collateral criminal proceeding. See § 57.085(10), Fla. Stat. (exempting any “criminal proceeding or collateral criminal proceeding” from section 57.085). Thus, Appellant was subject to the requirements of section 57.085(2) if he sought to proceed without prepayment of the filing fee he otherwise owed under section 28.241(1), Florida Statutes. Before the trial court, Appellant never disputed that he failed to meet the court’s deadline for filing the documents required by section 57.085(2)....

...without prejudice—after Browning failed to file the prisoner trust account records required for him to qualify for indigency status and to proceed with his civil action while deferring prepayment of the filing fee required under section 28.241, Florida Statutes. See § 57.085(2), Fla....

...3d 604 (Fla. 1st DCA 2018). In Sussman, a prisoner appealed an order dismissing his mandamus petition without prejudice after the prisoner failed to comply with the trial court’s order addressing his failure to file the required trust documents under section 57.085....

...1st DCA 2021) (“A district court has jurisdiction to review all final orders, but it has jurisdiction to review only those non-final orders as provided by rule.”). A trial court’s order administratively dismissing a mandamus petition for a prisoner’s failure to comply with requirements of section 57.085 is not among the orders listed under the rule. Last, even if this court were to treat Browning’s appeal as a petition for writ of certiorari, the petition would be dismissed. Browning has identified no substantive right infringed by the trial court’s order administratively dismissing his mandamus petition for failure to comply with the documentary requirements of section 57.085....

...elease hearing. The trial court granted rehearing conditioned on payment of the required filing fee. This order recited that Connelly would have 30 days from entry of the order to pay the court’s filing fee or be certified as insolvent pursuant to section 57.085, Florida Statutes....

PER CURIAM. Vincent Rivera appeals the dismissal of his complaint by the Circuit Court for Leon County for failure to comply with section 57.085 in order to obtain an order of insolvency or, in the alternative, to pay the appropriate filing fee....

...Since Petitioner had not submitted the requisite filing fee, this Court’s Clerk’s Office sent Petitioner its general form to be used in filing a Motion For Leave To Proceed In Forma Pauperis, including an affidavit form. The form solicits information required for an indigency determination under section 57.085, Florida Statutes (1997). Section 57.085 governs the waiver of prepayment of court costs and fees for prisoners....

...etition for failure to comply with subsection (7). On December 15, 1998, Petitioner filed an “Objection to Show Cause Order,” which this Court has construed to be a response. In that response, Petitioner claims that this Court’s application of section 57.085, including subsection (7), to him violates state and federal ex post facto prohibitions because his criminal offense was committed prior to July 1, 1996, the effective date of the statute....

...Petitioner, who committed his offense on May 6, 1989, argues that determination of his indigency status must be made under section 57.081, Florida Statutes (1987), which governed the granting of indigency to all indigent persons, both prisoner and non-prisoner, before section 57.085 became effective. 2 With his response, Petitioner submitted another Motion For Leave To Proceed In Forma Pauperis and affidavit which were prepared pursuant to section 57.081, not section 57.085. This Court hereby finds that Petitioner’s December 15, 1998, Motion For Leave To Proceed In Forma Pauperis and accompanying affidavit do not correct his previous failure to comply with section 57.085(7) because Petitioner fails to list each case he has filed in the last five years and attach a copy of the requisite documents from each of those cases. This Court also finds that Petitioner has not provided sufficient justification for his failure to comply with the statute. Although the requirements of section 57.085(7) present prisoners with some procedural hurdles in seeking indigency status, they do not violate the Ex Post Facto Clause because they do not directly increase an inmate’s sentence....

...Wainwright, 393 So.2d 542, 544 (Fla.1980), appeal dismissed, 454 U.S. 806 , 102 S.Ct. 79 , 70 L.Ed.2d 75 (1981); De Veau v. Braisted, 363 U.S. 144, 160 , 80 S.Ct. 1146 , 4 L.Ed.2d 1109 (1960); Flemming v. Nestor, 363 U.S. 603, 613-14 , 80 S.Ct. 1367 , 4 L.Ed.2d 1435 (1960). Section 57.085 was enacted to alleviate the problems caused by the vast number of *378 frivolous lawsuits filed by indigent prisoners. 3 In particular, the legislature made express findings regarding the financial and administrative burden frivolous indigent inmate lawsuits place on the state judicial system. See Ch. 96-106, preamble, at 92-93, Laws of Fla. With respect to section 57.085(7), the statute carries out its purpose of reducing these lawsuits by providing courts with a mechanism to review a prisoner’s recent litigation history and determine whether to allow the prisoner the opportunity to again seek a waiv...

...While this Court could completely deny Petitioner indigency status altogether as the Supreme Court has done *379 in some cases, that option is not necessary at this time. Instead, this Court has decided to take a less extreme measure— Petitioner Vickson must now strictly comply with the disclosure provisions of section 57.085(7)....

...ition along with the appropriate filing fee or a proper Motion To Proceed In Forma Pauperis that includes a list of all legal actions he has filed in the preceding five years and a copy of the documents commencing and disposing of those actions. See § 57.085(7), Fla. Stat. (1997). This case will not be reopened. Furthermore, if Petitioner wishes to proceed as an indigent in any additional petitions, cases or other legal actions covered by section 57.085, he must either submit a Motion For Leave To Proceed In Forma Pauperis in strict compliance with section 57.085(7), or submit the requisite filing fee....

...Bronson, 652 So.2d 819 (Fla.1995)(No. 85,191); Vickson v. Folk, 652 So.2d 819 (Fla.1995)(No. 85,144); Vickson v. Bronson, 652 So.2d 819 (Fla.1995)(No. 85,145). . Effective July 1, 1996, the legislature amended section 57.081 to exclude prisoners and created section 57.085 to apply exclusively to prisoners. See Ch. 96-106, §§ 1, 2, 7, at 93-95, 97, Laws of Fla. (amending § 57.081, creating § 57.085, and providing effective date). .The legislative preamble which sets forth the basis for the act creating section 57.085 provides, in pertinent part: WHEREAS, frivolous inmate lawsuits congest civil court dockets and delay the administration of justice for all litigants, and WHEREAS, each year self-represented indigent inmates in Florida's jails and pris...

...We find no merit to Lane’s claim that the circuit court departed from the essential requirements of law when it denied mandamus relief, and therefore deny the portion of his petition for writ of certiorari directed to that issue. However, because Lane’s claim constituted a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes, we agree with petitioner that the trial court improperly imposed a lien on his inmate trust account to recoup court costs and fees....

...However, as appellee correctly concedes, the circuit court did err when it determined appellant to be indigent but imposed a lien on his inmate trust account to recoup filing fees and costs. Young’s claim in the circuit court constituted a collateral criminal proceeding, and thus was not subject to the lien provisions of section 57.085....

...ecision to suspend his presumptive parole release date. See Brooks v. Fla. Parole Comm'n, 948 So.2d 801 (Fla. 1st DCA 2006). Because Appellant's claim is a collateral criminal proceeding the appellant is not subject to the prisoner indigency lien of section 57.085, Florida Statutes (2005)....