Florida Statute 57.081 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 57
COURT COSTS

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F.S. 57.081

57.081 Costs; right to proceed where prepayment of costs and payment of filing fees waived.—

(1) Any indigent person, except a prisoner as defined in s. 57.085, who is a party or intervenor in any judicial or administrative agency proceeding or who initiates such proceeding shall receive the services of the courts, sheriffs, and clerks, with respect to such proceedings, despite his or her present inability to pay for these services. Such services are limited to filing fees; service of process; certified copies of orders or final judgments; a single photocopy of any court pleading, record, or instrument filed with the clerk; examining fees; mediation services and fees; private court-appointed counsel fees; subpoena fees and services; service charges for collecting and disbursing funds; and any other cost or service arising out of pending litigation. In any appeal from an administrative agency decision, for which the clerk is responsible for preparing the transcript, the clerk shall record the cost of preparing the transcripts and the cost for copies of any exhibits in the record. A party who has obtained a certification of indigence pursuant to s. 27.52 or s. 57.082 with respect to a proceeding is not required to prepay costs to a court, clerk, or sheriff and is not required to pay filing fees or charges for issuance of a summons.

(2) Any sheriff who, in complying with the terms of this section, expends personal funds for automotive fuel or ordinary carfare in serving the process of those qualifying under this section may requisition the board of county commissioners of the county for the actual expense, and on the submission to the board of county commissioners of appropriate proof of any such expenditure, the board of county commissioners shall pay the amount of the actual expense from the general fund of the county to the requisitioning officer.

(3) If an applicant prevails in an action, costs shall be taxed in his or her favor as provided by law and, when collected, shall be applied to pay filing fees or costs that have not been paid.

History.—ss. 1, 2, 3, ch. 17883, 1937; CGL 1940 Supp. 4680(2); s. 15, ch. 29615, 1955; s. 1, ch. 57-251; s. 13, ch. 67-254; s. 14, ch. 73-334; s. 1, ch. 80-348; s. 18, ch. 94-348; s. 1362, ch. 95-147; s. 1, ch. 96-106; s. 9, ch. 97-107; s. 71, ch. 2003-402; s. 34, ch. 2005-236; s. 8, ch. 2009-61; s. 12, ch. 2012-100.

Note.—Former s. 58.09.

F.S. 57.081 on Google Scholar

F.S. 57.081 on Casetext

Amendments to 57.081

Arrestable Offenses / Crimes under Fla. Stat. 57.081

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 57.081.

Annotations, Discussions, Cases:

Cases Citing Statute 57.081

Total Results: 20

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2023-10-12T00:00:00-07:00

Snippet: the lower tribunal finds compliance with section 57.081(1), Florida Statutes, may issue a certificate of

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.

Court: Fla. | Date Filed: 2018-10-25T00:00:00-07:00

Citation: 256 So. 3d 1218

Snippet: the lower tribunal finds compliance with section 57.081(1), Florida Statutes, may issue a certificate of

Friedman v. Mercantil Commercebank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-15T00:00:00-08:00

Citation: 211 So. 3d 310, 2017 WL 621228, 2017 Fla. App. LEXIS 2032

Snippet: 573 So.2d 320 (Fla. 1991) (holding that section 57.081 and section 120.57(l)(b)(6) Florida Statutes (1991

Long v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-26T00:53:00-07:00

Snippet: fee was improper and should be stricken. See § 57.081(1), Fla. Stat. (2013). Long preserved this issue

Long v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-26T00:00:00-07:00

Citation: 202 So. 3d 84, 2016 Fla. App. LEXIS 12894

Snippet: improper and should be stricken. See § 57.081(1), Fla. Stat. (2013). Long preserved this issue

Robert E. Banks v. Julie L. Jones, Secretary, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-12T00:00:00-07:00

Citation: 197 So. 3d 1152, 2016 Fla. App. LEXIS 10604

Snippet: required to pay a filing fee pursuant to sections 57.081 and 57.082, Florida Statutes, absent a decision

Jachimski v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-20T00:00:00-07:00

Citation: 162 So. 3d 302, 2015 Fla. App. LEXIS 4020, 2015 WL 1259615

Snippet: Clerk of the Circuit Court.” II. DISCUSSION Section 57.081(1), Florida Statutes (2012), states: Any indigent…40, 43 (Fla. 2d DCA 1995) (holding that section 57.081(1) gives “indigent litigants a substantive right

Roy S. Whited v. Florida Commission on Offender Review

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-01T00:00:00-08:00

Citation: 153 So. 3d 324

Snippet: section 57.081.’” Id. The Schmidt court acknowledged that section 57.081 states…quoting § 57.081(1), Fla. Stat.). However, the court explained that “language in section 57.081 excepting…these proceedings.” Section 57.081 waives the filing fee. See § 57.081(1), Fla. Stat. (“Any indigent…327 The general indigency statute, section 57.081(1), Florida Statutes, states that “[a]ny indigent…However, “[fjiling fees waived from payment under s. 57.081 may not be included in the calculation related

Garrick John v. Michael D. Crews, Secretary, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-12T00:00:00-07:00

Citation: 149 So. 3d 149

Snippet: should have been determined pursuant to sections 57.081 and 57.082, Florida Statutes, the general indigency

Jonathan Lewis v. Florida Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-05T00:00:00-07:00

Citation: 143 So. 3d 1112, 2014 WL 3805666

Snippet: appellant had been adjudicated indigent under section 57.081, Florida Statutes (2012), twice in the preceding…entitled to a waiver of court costs under section 57.081 if he is found to be indigent on remand, but only

Ledger v. City of St. Petersburg

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-26T00:00:00-07:00

Citation: 135 So. 3d 496, 2014 WL 1227172

Snippet: a ministerial duty that is mandated by section 57.081(1), Florida Statutes (2012). Respondent, the Chief…harmonized. “The general indigency statute, section 57.081, ... provides a general waiver of prepayment of… similar to the 2012 version at issue). Section 57.081(1) provides in pertinent part that “[a] party who…summons.” (Emphasis added.) Thus, under section 57.081, an individual who is found to be indigent will…28.246 .... Filing fees waived from payment under s. 57.081 may not be included in the calculation related

John v. Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-23T00:00:00-07:00

Citation: 124 So. 3d 381, 2013 WL 5744428, 2013 Fla. App. LEXIS 16902

Snippet: filing fees under s. 57.081 .... ” § 57.082(1), Florida Statutes. Section 57.081, Florida Statutes, the…x27;s indigent status was controlled by sections 57.081 and 57.082, Florida *383Statutes. The clerk of

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-05T00:00:00-07:00

Citation: 98 So. 3d 258, 2012 WL 4748161, 2012 Fla. App. LEXIS 16880

Snippet: record on appeal prepared at no cost, citing section 57.081(1), Florida Statutes (2011). That statute provides… he is not excluded from the benefit of section 57.081(1). See Schmidt v. Crusoe, 878 So.2d 861, 367 n…outside the reach of section 57.085, and that section 57.081 applies); Alexander v. Bamash, 814 So.2d 1211, …, 1212 (Fla. 4th DCA 2002) (applying section 57.081 to an appeal filed by an indigent incarcerated appellant…the clerk of circuit court was obliged by section 57.081 to produce the record associated with Williams’

Hollins v. Buss

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-28T00:00:00-07:00

Citation: 61 So. 3d 1140, 2011 Fla. App. LEXIS 4178, 2011 WL 1108846

Snippet: Fla. 1st DCA 2005), this court held that section 57.081 does not provide for the imposition of a lien.

Florida Parole Commission v. Spaziano

Court: Fla. | Date Filed: 2010-10-14T00:00:00-07:00

Citation: 48 So. 3d 714, 35 Fla. L. Weekly Supp. 582, 2010 Fla. LEXIS 1730, 2010 WL 4007636

Snippet: Florida. The general indigency statute, section 57.081, Florida Statutes (2009), provides a general waiver…who file or intervene in civil proceedings. See § 57.081(1), Fla. Stat. (2009). Under section 57.085, known

McNeil v. Cox

Court: Fla. | Date Filed: 2008-12-03T23:53:00-08:00

Citation: 997 So. 2d 343

Snippet: statutes: the general indigency statute, section 57.081, Florida Statutes (2005), and the prisoner indigency…prepayment of costs is "waived." See § 57.081, Fla. Stat. (2005). Under the prisoner indigency…requirements of the general indigency statute, section 57.081, Florida Statutes (2005); and (b) prisoner civil…indigence in accordance with s. 27.52 or s. 57.082. § 57.081, Fla. Stat. (2005) (emphasis added). Under this

In Re Amendments to the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2008-11-13T00:00:00-08:00

Citation: 2 So. 3d 89, 33 Fla. L. Weekly Supp. 908, 2008 Fla. LEXIS 2089, 2008 WL 4876766

Snippet: of court costs or fees, pursuant -to Sections--57.081 or 57.085, -F-lorida Statutes, or 28 Urg-.C. § …-been determined to be^ indigent-under Sections 57.081 or 57.085⅛-Florida Statutes, or 28 U.S.C. § 1915

Jones v. Joseph

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-10T00:53:00-07:00

Citation: 989 So. 2d 744

Snippet: governed not by section 57.085, but by sections 57.081 and 57.082, the general indigency statutes. See

Joseph v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-07-16T00:53:00-07:00

Citation: 985 So. 2d 1225

Snippet: the appropriate Florida statute. See, e.g., §§ 57.081.082, 57.085, Fla. Stat. (2007); see also Fla. R.App

Babij v. Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-30T00:00:00-07:00

Citation: 980 So. 2d 1192, 2008 Fla. App. LEXIS 6202, 2008 WL 1883397

Snippet: his indi-gency is to be determined under section 57.081, Florida Statutes, which does not authorize a lien