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:
Section 8.Section 57.081, Florida Statutes, is amended to
565 read:
566 57.081Costs; right to proceed where prepayment of costs
567 and payment of filing fees waived.
568 (1)Any indigent person, except a prisoner as defined in s.
569 57.085, who is a party or intervenor in any judicial or
570 administrative agency proceeding or who initiates such
571 proceeding shall receive the services of the courts, sheriffs,
572 and clerks, with respect to such proceedings, despite his or her
573 present inability to pay for these services. Such services are
574 limited to filing fees; service of process; certified copies of
575 orders or final judgments; a single photocopy of any court
576 pleading, record, or instrument filed with the clerk; examining
577 fees; mediation services and fees; private court-appointed
578 counsel fees; subpoena fees and services; service charges for
579 collecting and disbursing funds; and any other cost or service
580 arising out of pending litigation. In any appeal from an
581 administrative agency decision, for which the clerk is
582 responsible for preparing the transcript, the clerk shall record
583 the cost of preparing the transcripts and the cost for copies of
584 any exhibits in the record. Prepayment of costs to any court,
585 clerk, or sheriff is not required and payment of filing fees is
586 not required in any action if the party has obtained in each
587 proceeding a certification of indigence in accordance with s.
588 27.52 or s. 57.082.
589 (2)Any sheriff who, in complying with the terms of this
590 section, expends personal funds for automotive fuel or ordinary
591 carfare in serving the process of those qualifying under this
592 section may requisition the board of county commissioners of the
593 county for the actual expense, and on the submission to the
594 board of county commissioners of appropriate proof of any such
595 expenditure, the board of county commissioners shall pay the
596 amount of the actual expense from the general fund of the county
597 to the requisitioning officer.
598 (3)If an applicant prevails in an action, costs shall be
599 taxed in his or her favor as provided by law and, when
600 collected, shall be applied to pay filing fees or costs that
601 which otherwise would have been required and which have not been
602 paid.
603 Section 9.Subsections (1) and (6) of section 57.082,
604 Florida Statutes, are amended to read:
605 57.082Determination of civil indigent status.
606 (1)APPLICATION TO THE CLERK.A person seeking appointment
607 of an attorney in a civil case eligible for court-appointed
608 counsel, or seeking relief from payment prepayment of filing
609 fees and prepayment of costs under s. 57.081, based upon an
610 inability to pay must apply to the clerk of the court for a
611 determination of civil indigent status using an application form
612 developed by the Florida Clerks of Court Operations Corporation
613 with final approval by the Supreme Court.
614 (a)The application must include, at a minimum, the
615 following financial information:
616 1.Net income, consisting of total salary and wages, minus
617 deductions required by law, including court-ordered support
618 payments.
619 2.Other income, including, but not limited to, social
620 security benefits, union funds, veterans benefits, workers
621 compensation, other regular support from absent family members,
622 public or private employee pensions, unemployment compensation,
623 dividends, interest, rent, trusts, and gifts.
624 3.Assets, including, but not limited to, cash, savings
625 accounts, bank accounts, stocks, bonds, certificates of deposit,
626 equity in real estate, and equity in a boat or a motor vehicle
627 or in other tangible property.
628 4.All liabilities and debts.
629
630 The application must include a signature by the applicant which
631 attests to the truthfulness of the information provided. The
632 application form developed by the corporation must include
633 notice that the applicant may seek court review of a clerks
634 determination that the applicant is not indigent, as provided in
635 this section.
636 (b)The clerk shall assist a person who appears before the
637 clerk and requests assistance in completing the application, and
638 the clerk shall notify the court if a person is unable to
639 complete the application after the clerk has provided
640 assistance.
641 (c)The clerk shall accept an application that is signed by
642 the applicant and submitted on his or her behalf by a private
643 attorney who is representing the applicant in the applicable
644 matter.
645 (d)A person who seeks appointment of an attorney in a case
646 under chapter 39, at the trial or appellate level, for which an
647 indigent person is eligible for court-appointed representation,
648 shall pay a $50 application fee to the clerk for each
649 application filed. The applicant shall pay the fee within 7 days
650 after submitting the application. The clerk shall transfer
651 monthly all application fees collected under this paragraph to
652 the Department of Revenue for deposit into the Indigent Civil
653 Defense Trust Fund, to be used as appropriated by the
654 Legislature. The clerk may retain 10 percent of application fees
655 collected monthly for administrative costs prior to remitting
656 the remainder to the Department of Revenue. A person found to be
657 indigent may not be refused counsel. If the person cannot pay
658 the application fee, the clerk shall enroll the person in a
659 payment plan pursuant to s. 28.246.
660 (6)PROCESSING CHARGE; PAYMENT PLANS.A person who the
661 clerk or the court determines is indigent for civil proceedings
662 under this section shall be enrolled in a payment plan under s.
663 28.246 and shall be charged a one-time administrative processing
664 charge under s. 28.24(26)(c). A monthly payment amount,
665 calculated based upon all fees and all anticipated costs, is
666 presumed to correspond to the persons ability to pay if it does
667 not exceed 2 percent of the persons annual net income, as
668 defined in subsection (1), divided by 12. The person may seek
669 review of the clerks decisions regarding a payment plan
670 established under s. 28.246 in the court having jurisdiction
671 over the matter. A case may not be impeded in any way, delayed
672 in filing, or delayed in its progress, including the final
673 hearing and order, due to nonpayment of any fees or costs by an
674 indigent person. Filing fees waived from payment under s. 57.081
675 may not be included in the calculation related to a payment plan
676 established under this section.