The 2023 Florida Statutes (including Special Session C)
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. . . and supporting documents without a hearing, and if the lower tribunal finds compliance with section 57.081 . . .
. . . Servs., 573 So.2d 320 (Fla. 1991) (holding that section 57.081 and section 120.57(l)(b)(6) Florida Statutes . . .
. . . See § 57.081(1), Fla. Stat. (2013). . . .
. . . decisions by petition for writ of mandamus will be required to pay a filing fee pursuant to sections 57.081 . . .
. . . DISCUSSION Section 57.081(1), Florida Statutes (2012), states: Any indigent person ... who is a party . . . Nudera, 661 So.2d 40, 43 (Fla. 2d DCA 1995) (holding that section 57.081(1) gives “indigent litigants . . .
. . . The general indigency statute, section 57.081(1), Florida Statutes, states that “[a]ny indigent person . . . (quoting § 57.081(1), Fla. Stat.). . . . The general indigency statute, section 57.081, Florida Statutes (2009), provides a general waiver of . . . See § 57.081(1), Fla. Stat. (2009). . . . Section 57.081 waives the filing fee. See § 57.081(1), Fla. Stat. . . .
. . . Rather, appellant’s indigent status should have been determined pursuant to sections 57.081 and 57.082 . . .
. . . waive court costs, the court determined that appellant had been adjudicated indigent under section 57.081 . . . rather than collateral criminal proceedings, he is not entitled to a waiver of court costs under section 57.081 . . .
. . . where a certificate of indigence has been granted, is a ministerial duty that is mandated by section 57.081 . . . “The general indigency statute, section 57.081, ... provides a general waiver of prepayment of court . . . Section 57.081(1) provides in pertinent part that “[a] party who has obtained a certification of indigence . . . Thus, under section 57.081, an individual who is found to be indigent will not be required to pay the . . . Additionally, section 57.081(3) specifically provides that “[i]f an applicant prevails in an action, . . .
. . . 57.082(4), which applies only to “[a] person seeking ... relief from payment of filing fees under s. 57.081 . . . Section 57.081, Florida Statutes, the statute that allows indigent persons to seek waiver of filing fees . . . Consequently, the issue of Walker's indigent status was controlled by sections 57.081 and 57.082, Florida . . .
. . . conceded that Williams is entitled to have the record on appeal prepared at no cost, citing section 57.081 . . . one of his claims in a collateral criminal proceeding, he is not excluded from the benefit of section 57.081 . . . collateral criminal proceedings, that as such they are outside the reach of section 57.085, and that section 57.081 . . . Bamash, 814 So.2d 1211, 1212 (Fla. 4th DCA 2002) (applying section 57.081 to an appeal filed by an indigent . . . Having discerned that Williams is indigent, the clerk of circuit court was obliged by section 57.081 . . .
. . . Crosby, 892 So.2d 536 (Fla. 1st DCA 2005), this court held that section 57.081 does not provide for the . . .
. . . The general indigency statute, section 57.081, Florida Statutes (2009), provides a general waiver of . . . See § 57.081(1), Fla. Stat. (2009). . . .
. . . . § 57.085 or § 57.081, whichever was applicable. . . . Stat. § 57.081 (the “General Indigency Statute”). . . . Stat. § 57.081(1). . . . During 1996, however, the Florida legislature “amended section 57.081 to exclude prisoners and created . . . mandamus petition challenging the loss of gain time was not subject to § 57.085, but was subject to § 57.081 . . .
. . . The present case implicates two in-digency statutes: the general indigency statute, section 57.081, Florida . . . See § 57.081, Fla. Stat. (2005). . . . claims generally are subject to the certification requirements of the general indigency statute, section 57.081 . . . obtained in each proceeding a certification of indigence in accordance with s. 27.52 or s. 57.082. § 57.081 . . .
. . . in-these courts or adjudicatory forums-without prepayment of court costs or fees, pursuant -to Sections--57.081 . . . affidavit-regarding whether the Petitioner (Plaintiff) has-been determined to be^ indigent-under Sections 57.081 . . .
. . . ” within the meaning of section 57.085(10) and thus governed not by section 57.085, but by sections 57.081 . . .
. . . See, e.g., §§ 57.081-.082, 57.085, Fla. Stat. (2007); see also Fla. R.App. P. 9.430(a). Affirmed. . . .
. . . Crusoe, 878 So.2d 361 (Fla.2003) and therefore his indi-gency is to be determined under section 57.081 . . .
. . . 57.085 procedure with a claim for which prepayment of the filing fee might be waived under section 57.081 . . . Statutes, the entire action is subject to section 57.085 without a prepayment waiver under section 57.081 . . . requirements and allow one of the appellants to pursue claims without being subject to either section 57.081 . . .
. . . exempted from section 57.085, so that “indigency determinations are to be made” according to section 57.081 . . . We have held that section 57.081 does not contain specific language authorizing imposition of a lien . . . of a lien, and that a lien cannot be used to recover fees and costs in an action governed by section 57.081 . . .
. . . Crusoe, 878 So.2d 361 (Fla.2003), and there is no authority for imposing a lien under section 57.081, . . .
. . . Neveils, 25 Nova L.Rev. at 353 (citing Ch. 96-106, Laws of Fla. codified at §§ 57.081, 57.085, 92.351 . . .
. . . Therefore, his indigency determinations were to be made under section 57.081, Florida Statutes, rather . . . Because section 57.081 does not contain the language authorizing imposition of a lien, no lien should . . .
. . . Although the trial court never informed him of the applicability of section 57.081, Florida Statutes, . . . which does require such an affidavit, Appellant was nonetheless subject to section 57.081’s requirements . . . Indigency determinations in collateral criminal proceedings are to be made under section 57.081. . . . Section 57.081 does not contain language authorizing imposition of a lien. See Cason v. . . .
. . . collateral criminal proceeding for which an indigency determination is to be made in accordance with section 57.081 . . . Section 57.081 does not authorize imposition of a lien. Cason v. . . .
. . . appellant filed an affidavit of indigency alleging that he was indigent within the meaning of section 57.081 . . . trial court erred in dismissing his petition because he completed the affidavit requirements of section 57.081 . . . section 57.085, Florida Statutes, he may be permitted to proceed as an indigent pursuant to section 57.081 . . . An affidavit of indigency under section 57.081 must supply most of the information required in an affidavit . . . for the preceding six months are not required to be provided by a petitioner proceeding under section 57.081 . . .
. . . Crusoe, 878 So.2d 361 (Fla.2003), and there is no authority for imposing a lien under section 57.081, . . .
. . . Accordingly, indigency determinations are to be made under section 57.081, Florida Statutes, which does . . .
. . . acknowledged that a lien could not be placed on a petitioner’s account on the authority of section 57.081 . . . circuit court held that a lien could be imposed on the authority of general indigency statutes, sections 57.081 . . . note that the clerk of the circuit court certified that appellant was indigent pursuant to sections 57.081 . . .
. . . In this motion, he requested that he be allowed to proceed “pursuant to section 57.081, Fla. . . . of section 57.085, prisoners asserting indigency fell under the general indigency statute, section 57.081 . . .
. . . circuit court for reconsideration of petitioner’s request for indigency in accordance with section 57.081 . . .
. . . regard to the circuit court’s two indigency orders and remand for proceedings in accordance with section 57.081 . . .
. . . . § 57.081. As I discussed above, Plaintiff has not produced evidence that he was indigent. . . .
. . . Schmidt claims he is not required to comply with the certification requirements of section 57.081 or . . . Both the general indigency statute, section 57.081, and the prisoner indi-gency statute, section 57.085 . . . Florida’s general indigency statute, section 57.081, was enacted in 1937 and contains a certification . . . requirement for indigents: 57.081. . . . See § 57.081(a), Fla. Stat. (2001). Schmidt, 878 So.2d at 367 n. 7. . . .
. . . See § 57.081, Fla. Stat. . . .
. . . for the postconviction court to reconsider McCray’s motion to proceed in forma pauperis under section 57.081 . . .
. . . be relieved of paying filing fees by filing a verified petition or motion of indigency under section 57.081 . . . and supporting documents without a hearing, and if the lower tribunal finds compliance with section 57.081 . . .
. . . collateral criminal proceeding in which indigency determinations are to be made in accordance with section 57.081 . . . collateral criminal proceeding and his indigency determination should have been made pursuant to section 57.081 . . . In Wagner, this Court specifically held that “section 57.081, unlike section 57.085, does not contain . . .
. . . challenges the order by which the trial court imposed a lien against his inmate account pursuant to section 57.081 . . . Because such liens are not authorized under section 57.081, we reverse the order under review. . . . The circuit court erred by finding that section 57.081 would authorize a lien in the present case. . . .
. . . inapplicable to such proceedings, which are instead governed by the general indigency statute, section 57.081 . . . a collateral criminal proceeding, it was exempt from section 57.085 and instead governed by section 57.081 . . . We noted that unlike section 57.085, section 57.081 does not specifically state that a lien may be placed . . . imposition of a lien on inmate trust accounts does not apply to indigency candidates under section 57.081 . . . Therefore, section 57.081, rather than section 57.085, was applicable in petitioner’s mandamus proceeding . . .
. . . circuit court case is a “collateral criminal proceeding,” he must be certified as indigent under section 57.081 . . .
. . . collateral criminal proceeding in which indigency determinations are to be made in accordance with section 57.081 . . . Crosby, 892 So.2d 536 (Fla. 1st DCA 2005), this court noted that section 57.081, unlike section 57.085 . . . its theory that a lien can now be utilized to recover fees and costs in an action governed by section 57.081 . . . language necessary to authorize imposition of a lien, and such language does not appear in section 57.081 . . .
. . . He contends that his indigency should therefore be resolved under section 57.081, Florida Statutes, which . . . The Florida Supreme Court’s decision to expand the scope of section 57.081 in the context of a review . . .
. . . Application for Criminal Indigent Status form for use by the clerks of court in conjunction with sections 57.081 . . .
. . . Brinker, 403 So.2d 969 (Fla.1981) (holding that the in forma pauperis statute, section 57.081, should . . .
. . . Collateral criminal proceedings are exempt from this statute and the general indigency statute, section 57.081 . . .
. . . be relieved of paying filing fees by filing a verified petition or motion of indigency under section 57.081 . . . and supporting documents without a hearing, and if the lower tribunal finds compliance with section 57.081 . . . these courts or adjudicatory forums without prepayment of court costs or fees, pursuant to sections 57.081 . . . affidavit regarding whether the Petitioner (Plaintiff) has been determined to be indigent under Sections 57.081 . . .
. . . Therefore, the general indigency statute, section 57.081, applies. Id. at 367 n. 7. . . . Section 57.081(1) provides that any indigent person “shall receive the services of the courts ... despite . . . Thus, section 57.081 permits an indigent person to proceed with a case without payment of costs. . . . However, section 57.081 does have a mechanism for future payment of the filing fees for court services . . . Thus, persons meeting the indigency requirements of section 57.081 should be able to proceed with their . . .
. . . However, we note that Schmidt does require Small to comply with the general indigency statute, section 57.081 . . .
. . . permitting appellant to “proceed without prepayment of costs in compliance with Section 57.085(2) or 57.081 . . .
. . . proceeding, and the prisoner’s right to proceed as an indigent is thus determined in accordance with section 57.081 . . .
. . . in the underlying cause of action, finding that he was not entitled to such benefits under section 57.081 . . . Since the trial court’s order is a proper reading of section 57.081, and since Sawyer has not furnished . . .
. . . However, the general indigency provisions of section 57.081 still apply. . . .
. . . in the preceding 3 years been adjudicated indigent under this section, certified indigent under s. 57.081 . . .
. . . requirements of the Prisoner In-digency Statute and is instead subject to the requirements of section 57.081 . . .
. . . Prisoner Indigency Statute (section 57.085) does not apply herein, the general indigency statute (section 57.081 . . . prove his inability to pay by filing an affidavit with the information required according to section 57.081 . . . See § 57.081(a), Fla. . . .
. . . be relieved of paying filing fees by filing a verified petition or motion of indigency under section 57.081 . . . and supporting documents without a hearing, and if the lower tribunal finds compliance with section 57.081 . . .
. . . As to the record, section 57.081(1), Florida Statutes (2001) provides: Any indigent person ... who is . . .
. . . in the preceding 3 years been adjudicated indigent under this section, certified indigent under s. 57.081 . . . that Dray-ton has twice in the preceding three years been adjudicated indigent under section 57.085 or 57.081 . . .
. . . been adjudicated indigent under section 57.085, Florida Statutes, certified indigent under section 57.081 . . . whether the prisoner has been adjudicated indigent under this section, certified indigent under s. 57.081 . . . in the preceding 3 years been adjudicated indigent under this section, certified indigent under s. 57.081 . . .
. . . See § 57.081(1), Fla.Stat. (1999) (“Any indigent person who is a party or intervenor in any judicial . . . 443.041(2)(a) which precludes these agencies from charging fees of any kind, the provisions of section 57.081 . . . services of the courts, sheriffs, and clerks, with respect to such proceedings, without charge.” § 57.081 . . .
. . . See §§ 57.081, 57.085, Fla. Stat. (1999); ch. 96-106, § 1, 2, at 93-95. . . . See § 57.081, Fla. . . .
. . . be relieved of paying filing fees by filing a verified petition or motion of indigency under section 57.081 . . . and supporting documents without a hearing, and if the lower tribunal finds compliance with section 57.081 . . .
. . . in the preceding 3 years been adjudicated indigent under this section, certified indigent under s. 57.081 . . .
. . . See §§ 57.081, 57.085, Fla. Stat. (1999); ch. 96-106, § 1, 2, at 93-95. . . .
. . . offense on May 6, 1989, argues that determination of his indigency status must be made under section 57.081 . . . Motion For Leave To Proceed In Forma Pauperis and affidavit which were prepared pursuant to section 57.081 . . . Effective July 1, 1996, the legislature amended section 57.081 to exclude prisoners and created section . . . (amending § 57.081, creating § 57.085, and providing effective date). .The legislative preamble which . . .
. . . See § 57.081, Florida Statutes (1995). . . .
. . . transferred the motion to the circuit court for a determination of Quigley’s indigency status under section 57.081 . . . certification on whether the prisoner has previously been found indigent under section 57.085, section 57.081 . . . Prior to its amendment and the enactment of section 57.085, section 57.081 applied to determinations . . .
. . . Moreover, we find a clear statement of legislative policy in the plain language of section 57.081(1), . . .
. . . be relieved of paying filing fees by filing a verified petition or motion of indigency under section 57.081 . . . and supporting documents without a hearing, and if the lower tribunal finds compliance with section 57.081 . . .
. . . be relieved of paying filing fees by filing a verified petition or motion of indigency under section 57.081 . . . and supporting documents without a hearing, and if the lower tribunal finds compliance with section 57.081 . . .
. . . A request for relief from filing fees pursuant to section 57.081, Florida Statutes, is separate and distinct . . . relieved of paying the filing-fee by-submitting a verified petition-of - Indigency — under-section 57.081 . . . be relieved of paying filing fees by filing a verified petition or motion of indigency under section 57.081 . . . indigency and supporting documents without a hearing, and if the judge finds compliance with section 57.081 . . . It codifies the changes to section 57.081(1), Florida Statutes, as amended by Ch. 94-348 § 18, Laws of . . .
. . . our court to issue orders of indigency and have directed our clerk to perform that duty under section 57.081 . . .
. . . Under any interpretation of section 57.081, Florida Statutes (Supp.1994), or Florida Rule of Appellate . . . Because the conflict between the procedure described in section 57.081 and the procedure required by . . . That right is codified in section 57.081(1), Florida Statutes (Supp.1994). . . . Ch. 94-348, Laws of Fla.; § 57.081, Fla.Stat. (Supp. 1994). . . . any remuneration for services and intends to act as attorney for applicant without compensation. § 57.081 . . .
. . . Schwab contends that under a 1994 amendment to section 57.081(1), Florida Statutes, an indigent person . . . Section 57.081(1), Florida Statutes, as amended in 1994, provides that when an indigent person is represented . . . The earlier version of section 57.081(1), Florida Statutes, did not specify where the determination of . . . As in Chappell, section 57.081(1), Florida Statutes (1994) establishes the indigent person’s exemption . . . Section-57.081(1), Florida Statutes (1980) provided: (1) Any indigent person who is a party or intervenor . . .
. . . indigen-cy was not supported by a written certificate executed by his attorney as required by section 57.081 . . . Section 57.081(1) reads in pertinent part that: When the person is represented by an attorney, the affidavit . . .
. . . was indigent and was entitled to certain services of the court system without charge under section 57.081 . . . Section 57.081(1) specifies that an indigent person is entitled to free services from “the courts, sheriffs . . .
. . . as indigent so as to be relieved of payment of the applicable filing fee in accordance with section 57.081 . . .
. . . the public interest in assuring that only those persons qualified are given the benefits of section 57.081 . . . As for the standard to be applied, section 57.081(1) states that an applicant must be “unable to pay . . .
. . . by an appropriate filing fee as set by law unless relief is sought under rule 4.180(g) and section 57.081 . . . necessary filing fee by filing a Verified Petition of Indigency for approval as provided in Section 57.081 . . . may be relieved of paying the filing fee by submitting a verified petition of indigency under section 57.081 . . . may be relieved of paying the filing fee by submitting a verified petition of indigency under section 57.081 . . .
. . . Eberhardt appeals an order denying his request to proceed in a civil case as an indigent under section 57.081 . . . See section 57.081(1), Florida Statutes (1989) (“Any indigent person who is a party or intervenor in . . . Section 57.081(1) states that an “indigent person” shall receive the services of the courts, sheriffs . . . In doing so, the clerk complied with section 57.081(1). . . . Virtually all of the other cases discussing section 57.081(1) concern what an indigent is entitled to . . .
. . . If the client cannot pay the fee, he can be certified as indigent and it will be waived, section 57.081 . . .
. . . Section 57.081, Florida Statutes (1987), states in pertinent part that any indigent person who initiates . . . appellant satisfied the requirement of obtaining a certificate of indigency required under Section 57.081 . . .
. . . They construe section 57.081, Florida Statutes (1985), to require free transcripts for indigents taking . . . STATUTORY RIGHT A review of the history of section 57.081 will facilitate the consideration of this point . . . the services of the courts, sheriffs, and clerks of the county in which they reside without charge. § 57.081 . . . In 1980, section 57.081 was amended to read in pertinent part: (1) Any indigent person who is a party . . . -041(2)(a) which precludes these agencies from charging fees of any kind, the provisions of section 57.081 . . . Furthermore, I do not construe section 57.081, Florida Statutes (1985), to require free transcripts of . . . I concur with the majority’s conclusion that pursuant to section 57.081, Florida Statutes (1985), agencies . . .
. . . Neither section 57.081, Florida Statutes (1987), nor Rule 9.430 requires that a county be given notice . . . proceed before this court without the necessity of paying the fees and costs contemplated by section 57.081 . . .
. . . If the client cannot pay the fee, he can be certified as indigent and it will be waived, section 57.081 . . .
. . . . § 57.081(1), Fla.Stat. (1987). . . .
. . . In the renewed motion for insolvency, counsel complied with section 57.081(1), Florida Statutes, by including . . .
. . . DCA 1986) (indigent appellants in non-criminal cases not entitled to free transcripts under section 57.081 . . . Rehabilitative Services, 361 So.2d 715 (Fla. 4th DCA 1978) (same under pre-1980 version of section 57.081 . . .
. . . Appellant was declared indigent pursuant to section 57.081, Florida Statutes. . . . Those declared indigent in civil cases are entitled, pursuant to section 57.081, to “receive the services . . . First, it is contended that revision of section 57.081, subsequent to Bower and Harrell, supra, now compels . . . In fact, Bower assumed that section 57.081 applied to appeals even as then worded. . . . certify the following issue to the Florida Supreme Court as one of great public importance: DOES SECTION 57.081 . . .
. . . 1st DCA, 1986), we certify the following to be a question of great public importance: DOES SECTION 57.081 . . .
. . . 1st DCA 1986), we certify the following as being a question of great public importance: DOES SECTION 57.081 . . .
. . . Since 1980 section 57.081, Fla.Stat. (1980), the statute allowing indigents to proceed without payment . . . Harrell was an administrative appeal in which the Fourth District held that although section 57.081 permitted . . . Because of a lack of precedent construing the 1980 amendment to section 57.081, we certify the following . . . to the Florida Supreme Court as a question of great public importance: DOES SECTION 57.081, FLA.STAT . . .
. . . necessary filing fee by filing a Verified Petition of Indigency for approval as provided in Section 57.081 . . .
. . . On the contrary, section 57.081(1) is applicable and contemplates that indigents will not be required . . . However, as section 57.081(1) and Chap-pell direct, a movant seeking waiver of appellate fees must accompany . . . agency, subject only to perfection of title, rights, and interests in accordance with this act .... . § 57.081 . . .
. . . . § 57.081, Fla.Stat. (1981); Chappell v. . . .
. . . petition for certiorari, the trial court adjudged appellant to be indigent within the meaning of section 57.081 . . .
. . . Pursuant to section 57.081(1), Florida Statutes (1981), the petition was accompanied by an affidavit . . . Section 57.081(1) provides in part: No prepayment of costs ... is required in any action when the party . . . When the statutory requirements are satisfied, section 57.081(1) provides an exemption from the filing . . . When initiating an appeal as an indigent under section 57.081, the appealing party must file with the . . . Similarly, the deputy may properly issue the certificate required by section 57.081 upon being satisfied . . .
. . . The court held that section 57.081, Florida Statutes (Supp. 1980), as amended by chapter 80-348, Laws . . . an affidavit and that the attorney, if there is one, must file the certificate required by section 57.081 . . . The applicable statute is section 57.081(1), Florida Statutes (Supp. 1980), which provides: (1) Any indigent . . . Section 57.081(1) requires the attorney to file a certificate in support of the client’s affidavit of . . . The legislative intent, in promulgating section 57.081, was to waive costs in “any judicial or administrative . . .