Archive for June, 2009
LASOCBA: Go Magic!!!
Just got this from Donna Graf and had to share. Everyone in Orlando is going Magic-crazy. Including the Legal Aid Society of the Orange County Bar Association, Inc.
From their building:
Civil Filing Fees Waiver Restored in SB 1718
Civil Filing Fees Waiver Restored in SB 1718 - By Ann Perko
FLS is happy to report that Gov. Crist signed SB 1718 on May 27, 2009, which means that the waiver of civil filing fees for indigent clients has been officially restored into law. After five years of lobbying and legal work by FLS, all the legal services and legal aid programs, and our allies, the Florida Association of Women’s Lawyers, SB 1718 was negotiated during the conference to include waiver. We thank everyone who helped us during this long process, but need to recognize the tremendous work of Steve Metz and Josh Doyle who represented our interests along with the interests of the courts on behalf of the Florida Bar.
Application for Indigent Status:
Your client’s process of applying for indigent status should not change. However, once the person has been found indigent under s 57.082, the filing fee will be completely waived under new language in 57.081(1).
Payment Plan:
New language in 57.082(6) provides that filing fees that are waived should not be included in a payment plan. If there are other fees or costs that your client is faced with paying, those costs should be included in a payment plan if your client is unable to pay for them prior to filing the case.
Delay of Case:
Aside from the filing fee, any remaining costs are still not required to be paid up front. The law was amended to provide that the case may not be impeded in any way… due to nonpayment of any fees or costs by an indigent person. F.S. 57.082(6)
Recovery of Fees by Prevailing Party
The law was amended to provide that if a prevailing party is awarded costs in an action, that those costs should be applied to filing fees or costs that have not been paid. F.S. 57.081(3)
The changes to 57.081 and 57.082 appear in green underline and are as follows, after the break: Read the rest of this entry »