IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN
AND FOR
ADMINISTRATIVE ORDER NO. 2009-038
PA/PI-CIR
RE: INDIGENT DETERMINATIONS AND FEE WAIVERS IN
CIVIL CASES
Filing fees are important revenues of the State of Florida and its
State Court System. The fees, which are set
in statute, help fund the courts and their clerks and enable them to perform
their required court-related functions.
Filing fees also help apportion the costs of the judicial system onto
those who directly use those services. Accordingly,
where case filing fees and costs are due, it is important to collect all of the
fees required by Florida law.
Chapter 2009-61, Laws of Florida, amends section 57.081, Florida
Statutes to provide for the waiver of filing fees in some civil actions beginning
July 1, 2009, for persons determined indigent under sections 27.52 or 57.082,
Florida Statutes.[1],[2] It is important that the Court monitor when
plaintiffs are determined indigent and when filing fees are waived.
Pursuant to Rule of Judicial Administration 2.215, and section
43.26, Florida Statutes, the Chief Judge has the authority to adopt
administrative orders necessary to administer the court’s affairs. Therefore, in order to: provide for the efficient and proper
administration of justice and to ensure that statutorily mandated filing fees
are assessed and collected; and provide direction to the Clerks of the Circuit
Court; and provide information to the Chief Judge regarding the collection of filings
fees, it is
ORDERED:
1.
The
Clerk of the Circuit Court shall review applications for indigent status in
civil cases and make an initial determination of indigence for purposes of
waiver of a filing fee or deferring prepayment of a cost under section 57.081,
Florida Statutes.
2.
When
the Clerk makes an initial determination that the applicant is indigent, the
Clerk will immediately forward the application to the Court. The Clerk will include a form for the Court to
indicate the Court’s action on the Clerk’s initial determination. The form shall
be substantially as provided in Attachment (A).
The form may be attached to the application, or typed or stamped on the
original application. The judge will
promptly review the application and: (a)
find the applicant is indigent, (b) find that the applicant is not indigent, (c)
find that the applicant is not indigent but give leave for the applicant to submit
a more-recent application for indigent status, or (d) take other appropriate
action under section 57.082, Florida Statutes.
The Clerk may then waive or defer fees or costs if the judge finds the
applicant indigent.
3.
When
the Clerk makes an initial determination that the applicant is not indigent,
the applicant may request court review of that determination in accordance with
Administrative Order 2005-040.
4.
The
Clerks of the Circuit Court shall report monthly to the Chief Judge and the
Trial Courts Administrator the cases, sorted by division, where a party has
sought waiver of filing fees or deferral of costs under section 57.081, Florida
Statutes. This report shall be
substantially in the format of Attachment B and include the following:
a.
The
cases where a person applied for a determination of indigent status for
purposes of waiving filing fees, deferral of costs, or both in a civil case.
b.
Indication
of the Clerk’s initial determination of indigence, either “indigent” or “not
indigent.”
c.
Where
the Clerk initially determined that the applicant was “not indigent,” indication
of whether the applicant sought further review by the Court.
d.
The
court’s finding on review of the above circumstances, either “indigent” or “not
indigent.”
e.
The
value of any filing fees waived in those instances where a court determined the
applicant was indigent.
f.
The
total numbers of the above occurrences and the total value of waived filing
fees, also sorted by division.
In addition, the Clerks shall
report on all filing fees and costs that became due during the month, under
section 57.081(3), Florida Statutes, and any such amounts collected
during the reported-on month. The
reports required by this Administrative Order shall continue until further order
of the Court.
DONE
AND ORDERED
in Chambers at Clearwater, Pinellas County, Florida on this ______ day of June 2009.
____________________________________
Robert
J. Morris, Jr., Chief Judge
Attachment (A) Form—Court’s Action on Clerk’s
Determination of Indigent Status
Attachment (B) Report of civil indigence
determinations
cc: All
Judges
The Honorable Bernie McCabe,
State Attorney
The Honorable
The Honorable Paula S. O’Neil,
Clerk of the Circuit Court, Pasco County
The Honorable
Debbie Gay, Assistant
Court Services Director, Pasco County Clerk’s Office
Suzanne Mucklow, Executive
Director, Pinellas County Clerk’s Office
Gay
Inskeep, Trial Courts Administrator
Kerry
L. Rice, Deputy Court Administrator,
Bar Associations, Pasco and Pinellas
County
Law Libraries, Pasco and Pinellas
County
[1]
In appellate proceedings,
filing fees may be deferred for indigent persons, but not waived. See section 28.241(2), Florida Statutes, as amended by Chapter 2009-61, Laws of
Florida and Chapter 2009-204, Laws of Florida. Filing fees for indigent prisoners are also not waived. See section 57.085, Florida Statutes.
[2] All statutory cites in this Administrative Order are to the statutes as recently amended and effective July 1, 2009.
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