IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2005-040 PA/PI-CIR

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RE: INDIGENT STATUS

Effective July 1, 2005, section 27.52, Florida Statutes, is revised to modify the statutory provisions for an initial determination of indigent status by the Clerk of Court for the appointment of a public defender. Newly-created section 57.082, Florida Statutes, provides for an initial determination of indigent status by the Clerk of Court regarding the appointment of a private attorney in eligible civil matters and relief from prepayment of civil costs and fees for civil litigants other than inmates. Both sections provide a process for review of indigent status by the Court.

Furthermore, section 27.52, Florida Statutes, provides for direct review by the Court of any application of a criminal defendant to be found indigent for costs only.

On June 30, 2005, the Supreme Court approved and adopted two forms entitled “Application for Criminal Indigent Status” and “Application for Determination of Civil Indigent Status” for use by the Clerk of Court and authorized the Chief Judge to prepare instructions for use of the approved forms.

Therefore, in order to provide notice to litigants and to provide a process for challenging the Clerk of Court’s denial of indigent status where applicable, it is

ORDERED:

1. Where a designation of indigent status is sought pursuant to section 27.52, Florida Statutes, for the appointment of a public defender, the Clerk of Court shall attach to the Application for Criminal Indigent Status the disclosure required by Rules Regulating the Florida Bar 10-2.1(a). Further, in cases where indigent status is denied, the Clerk of Court shall attach to the application the “Request for Court Review of Clerk’s Determination of Non-Indigence for Appointment of Public Defender,” attached hereto as “Exhibit A.”

2. Where a designation of indigent status is sought pursuant to section 57.082, Florida Statutes, the Clerk of Court shall attach to the Application for Determination of Civil Indigent Status the disclosure required by Rules Regulating the Florida Bar 10-2.1(a). Further, in cases where indigent status is denied, the Clerk of Court shall attach to the application the “Petition for Court Review of Clerk’s Determination of Non-Indigence for Appointment of Counsel and Relief From Prepayment of Costs for Civil Litigants,” attached hereto as “Exhibit B.”

3. Where a designation of indigent status is sought pursuant to section 27.52, Florida Statutes, seeking indigent status as to costs only, section 27.52, Florida Statutes, provides that such request shall be submitted directly to the Court without initial review by the Clerk. However, the applicant is still required to make such request using the Application for Criminal Indigent Status. Also, where the applicant is represented by counsel, he or she must attach an affidavit attesting to the estimated amount of attorney’s fees and the source of payment for such fees. The form “Motion to be Determined Indigent for Costs Pursuant to section 27.52(5), Florida Statutes,” attached hereto as “Exhibit C,” may be used for submitting such a request.

Also, in the event that the Court finds the applicant indigent for costs, the Clerk shall provide a copy of the Court’s order to the applicant or his or her attorney for use in requesting payment of due process expenses through the Justice Administration Commission.

4. When the Clerk of Court in Pinellas County receives a request for review of the denial of indigent status in civil, family or probate cases, the Clerk shall provide the request with the supporting affidavit to the duty judge.

When the Clerk of Court in Pinellas County receives a request for review of the denial of indigent status in felony and misdemeanor criminal cases, or a request for a determination by the Court of indigent status for costs only in such cases, the Clerk shall provide the request with the supporting affidavit(s) to the Criminal Administrative Judge.

When the Clerk of Court in Pinellas County receives a request for review of the denial of indigent status in a dependency or delinquency case, the Clerk shall provide the request with supporting affidavit to the Uniform Family Court Administrative Judge.

When the Clerk of Court in Pinellas County receives a request for review of the denial of indigent status in a traffic case filed at the North or South County Traffic Court, the Clerk shall provide the request with the supporting affidavit to the presiding judge in the North or South County Traffic Court.

5. When the Clerk of Court in Pasco County receives a request for review of the denial of indigent status in any matter, or a request for a determination by the Court of indigent status for costs in a criminal matter, the request shall be provided to the assigned section judge.

Administrative Order 2004-046 PA/PI-CIR is hereby rescinded.

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida this _____ day of July 2005.

______________________________ David A. Demers, Chief Judge

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Robert H. Dillinger, Public Defender

The Honorable Ken Burke, Clerk of Court, Pinellas County

The Honorable Jed Pittman, Clerk of Court, Pasco County

Carol Heath, Director, Court Services Division, Pinellas County Clerk’s Office

Betty Henderson, Assistant Court Services Director, Pasco County Clerk’s Office

Gay L. Inskeep, Trial Courts Administrator

Kerry L. Rice, Deputy Court Administrator, Pasco County

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties

“Exhibit A”

In the Circuit/County Court, Sixth Judicial Circuit

in and for Pasco/Pinellas County, Florida

Criminal Division

State of Florida Ref. No: ________________________

UCN: ________________________

vs

______________________

Defendant

SPN:

Request for Court Review of Clerk’s Determination

of Non-Indigence for Appointment of Public Defender

1. {To be completed by the Clerk} The Clerk of Court has determined that you are not indigent because:

______ You own, have equity, or have the expectancy of an interest in personal

or real property with a net equity value of at least $2,500, excluding

your homestead and one vehicle not exceeding $5,000 in value.

______ Your income exceeds 200% of the federal poverty guidelines.

______ Other _______________________________________________

2. {To be completed by the Defendant if review requested} You may request that the Court review the Clerk of Court’s denial of indigent status at the next scheduled hearing. If no hearing is scheduled, or if you need services prior to the next scheduled court hearing and you cannot afford such services, you may still request review of the denial of indigent status. To make such a request, you must notify the Clerk by marking the appropriate statement below:

______ I hereby request review by the Court of the denial of indigent status at

my next scheduled hearing.

______ I hereby request review by the Court of the denial of indigent status

prior to my next scheduled hearing because I need services prior to the

next scheduled hearing or because no hearing is scheduled.

Reason for requesting Court review:

______ I am unable to pay for the services of an attorney without substantial

hardship to my family because_______________________________

_______________________________________________________.

______ Explain other reasons: ______________________________________

_________________________________________________________

_________________________________________________________.

Please mark one:

I ____have ____ have not been released on bail in the amount of $5,000 or more.

I ____have ____ have not had a bond posted. If you have had a bond posted, list the type and who paid the bond _____________________________________________.

Under penalties of perjury, I declare that the facts stated above are true.

________________________________

Defendant

PRINT Full Legal Name:___________________

Address:________________________________

Driver’s License # or ID #__________________

Date of Birth:____________________________

Telephone:______________________________

If a clerk or deputy clerk helped you fill out this form, he or she must fill out the blank below.

This form was completed with the assistance of___________________________, Clerk/Deputy Clerk.

If another nonlawyer helped you fill out this form he/she must fill in the blanks below:

I( full legal name and trade name of nonlawyer)___________________________

a nonlawyer, located at (street)______________________________________________ (city)____________________ (state)________ (phone)__________________________ helped ______________________________ fill out this form.

COURT’S FINAL DETERMINATION OF INDIGENT STATUS

______ Defendant is indigent _______ Defendant is not indigent

Appoint Public Defender Withdraw Public Defender

Date: __________________ _____________________________ Judge

“Exhibit B”

In the Circuit/County Court, Sixth Judicial Circuit

in and for Pasco/Pinellas County, Florida

Civil Division

______________________

______________________ Ref. No: _____________________

Plaintiff UCN: _____________________

vs.

_____________________

_____________________

Defendant

Petition for Court Review of Clerk’s Determination of

Non-Indigence for Appointment of Counsel and Relief

From Prepayment of Costs for Civil Litigants

1. {To be completed by the Clerk} The Clerk of Court has determined that you are not indigent because:

______ You own, have equity, or have the expectancy of an interest in personal

or real property with a net equity value of at least $2,500, excluding your homestead and one vehicle not exceeding $5,000 in value.

______ Your income exceeds 200% of the federal poverty guidelines.

______ Other _______________________________________________

2. {To be completed by the Defendant if review requested}You may request that the Court review the Clerk of Court’s denial of indigent status by filing a petition with the Court. You will not be charged a filing fee to file this petition. If you wish to file such a petition, please indicate below:

______ I hereby request review by the Court of the denial of indigent status.

Reason for requesting Court review:

______ I am unable to pay for the services of an attorney or other fees and

costs without substantial hardship to my family because__________

_______________________________________________________

_______________________________________________________ _______________________________________________________.

______ Explain other reasons: _____________________________________

________________________________________________________.

3. Are you represented by a private attorney? Yes______ No ______ (if no, skip to

the signature line)

When did you retain private counsel? ______

Is private counsel representing you for free? Yes ___(if yes, skip to signature line)

No _______

What is the amount of attorney’s fees and who is paying them? _________________

___________________________________________________________________.

Under penalties of perjury, I declare that the facts stated above are true.

________________________________

Applicant

PRINT Full Legal Name: ____________________

Address: __________________________________

Driver’s License # __________________________

Date of Birth:______________________________

Telephone: ________________________________

If a clerk or deputy clerk helped you fill out this form, he or she must fill out the blank below.

This form was completed with the assistance of___________________________, Clerk/Deputy Clerk.

If another nonlawyer helped you fill out this form he/she must fill in the blanks below:

I( full legal name and trade name of nonlawyer)___________________________

a nonlawyer, located at (street)______________________________________________ (city)____________________ (state)________ (phone)__________________________ helped ______________________________ fill out this form.

COURT’S FINAL DETERMINATION OF INDIGENT STATUS

_____ Applicant is indigent _____ Applicant is not indigent

_____ Appoint Counsel

_____ Waive Prepayment of Fees and Costs

Date: __________________ _____________________________ Judge

“Exhibit C”

In the Circuit/County Court, Sixth Judicial Circuit

in and for Pasco/Pinellas County, Florida

Criminal Division

State of Florida

Ref No: __________________________

vs. UCN: __________________________

_______________________

Defendant

SPN:

Motion to be Determined Indigent for Costs Pursuant to

section 27.52(5), Florida Statutes

1. I, ______________________ (Defendant’s name), file this Motion requesting that I be found indigent for costs and eligible for the provision of due-process services in this matter. In support of my motion, I attach the following documents:

a. Application for Criminal Indigent Status.

b. [If represented by counsel] Affidavit Attesting to the Estimated Amount of Attorney’s Fees and Source of Payment for Fees.

2. I applied for a determination of indigent status for the appointment of a public defender. _____ Yes _____ No

If yes, the outcome of that application was _________________________

___________________________________________________________.

3. I am proceeding pro se. _____ Yes _____ No

4. I have retained private counsel. _____ Yes _____ No

If yes, this is the amount of fees and who is paying such fees. ____________________________________________________________

5. I have been released on bail in the amount of $5,000 or more.

____ Yes _____ No

6. A bond has been posted on my behalf. ____ Yes _____ No

If yes, this is the type of bond and who paid it:

____________________________________________________________

7. Paying for due process services will create a substantial hardship on me

and/or my family because

___________________________________________________________ ___________________________________________________________.

________________________________

Defendant

PRINT Full Legal Name: ____________________

Address: __________________________________

Driver’s License # or ID # ____________________

Date of Birth: ______________________________

Telephone: ________________________________

If a clerk or deputy clerk helped you fill out this form, he or she must fill out the blank below.

This form was completed with the assistance of___________________________, Clerk/Deputy Clerk.

If another nonlawyer helped you fill out this form he/she must fill in the blanks below:

I( full legal name and trade name of nonlawyer)__________________________

a nonlawyer, located at (street)______________________________________________ (city)____________________ (state)________ (phone)__________________________ helped ______________________________ fill out this form.

COURT’S FINAL DETERMINATION OF INDIGENT STATUS FOR COSTS

_____ Defendant is Indigent _____ Defendant is Not Indigent

Date: __________________ __________________________

Judge