Florida Statutes

Fla. Stat. § 57.081 (2025)

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

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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.

Notes of Decisions

Cited in 122 cases (2 in the last 5 years), 1969–2023 · leading case: Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005).

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Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005). · cites it 10× “Therefore, the general indigency statute, section 57.081, applies. Id. at 367 n. 7.”

Schmidt v. McDonough, 951 So. 2d 797 (Fla. 2006). · cites it 19× “[1] *800 § 57.081, Fla. Stat. (2005) (emphasis added).”

Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003). · cites it 4× “085) does not apply herein, the general indigency statute (section 57.081) does. That means that if Schmidt still seeks to proceed in forma pauperis, he must prove his inability to pay by filing an affidavit with the information required according to section 57.”

Cox v. Crosby, 27 So. 3d 45 (Fla. 1st DCA 2006). · cites it 6× “430(a) and argues that his circuit court petition was a "collateral criminal" proceeding as described in Schmidt v.”

Smith v. Dept. of Health & Rehab. Servs., 573 So. 2d 320 (Fla. 1991). · cites it 14× “In 1979, the pertinent portion of the statute read as follows: (1) Insolvent and poverty-stricken persons having actionable claims or demands shall receive the services of the courts, sheriffs, and clerks of the county in which they reside without charge.”

Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). · cites it 8× “The general indigency statute, section 57.081, Florida Statutes (2009), provides a general waiver of prepayment of court costs and fees for persons who are determined to be indigent, but expressly does not apply to prisoners who file or intervene in civil proceedings.”

Wagner v. McDonough, 927 So. 2d 216 (Fla. 1st DCA 2006). · cites it 5× “Thus, it is a collateral criminal proceeding in which indigency determinations are to be made in accordance with section 57.081, Florida Statutes. Schmidt v.”

Amend. to Fla. Rules of Appellate Proc., 685 So. 2d 773 (Fla. 1996). · cites it 4× “An appellant may be relieved of paying filing fees by filing a verified petition or motion of indigency under section 57.081(1), Florida Statutes, with the lower tribunal.”

Fields v. Zinman, 394 So. 2d 1133 (Fla. 4th DCA 1981). · cites it 16× “1973) in which the Supreme Court pointed out that the petitioner would be entitled to proceed in forma pauperis in that court, in a civil matter, upon compliance with Fla. Stat. § 57.081 F.S.A. We have also been furnished with a copy of an order entered by the Supreme Court in…”

McNeil v. Cox, 997 So. 2d 343 (Fla. 2008). · cites it 8× “" See § 57.081, Fla. Stat. (2005). Under the prisoner indigency statute, which was enacted in 1996, if a prisoner is found to be indigent, the prepayment of costs is "deferred," i.”

Amend. to Fla. Rules of Workers'comp., 664 So. 2d 945 (Fla. 1995). · cites it 12× “A request for relief from filing fees pursuant to section 57.081, Florida Statutes, is separate and distinct from a request for relief from payment of record costs on appeal.”

In Re: Amendments to the Florida Rules of Appellate Procedure-2017 Regular-cycle Report., 256 So. 3d 1218 (Fla. 2018). · cites it 4× “The lower tribunal shall review the verified petition or motion for indigency and supporting documents without a hearing, and if the lower tribunal finds compliance with section 57.081(1), Florida Statutes, may issue a certificate of indigency or enter an order granting said…”

Show all 122 citing cases →

— 57.081(1) — 51 cases

Amend. to Fla. Rules of Appellate Proc., 685 So. 2d 773 (Fla. 1996). “An appellant may be relieved of paying filing fees by filing a verified petition or motion of indigency under section 57.081(1), Florida Statutes, with the lower tribunal.”

In Re: Amendments to the Florida Rules of Appellate Procedure-2017 Regular-cycle Report., 256 So. 3d 1218 (Fla. 2018). “The lower tribunal shall review the verified petition or motion for indigency and supporting documents without a hearing, and if the lower tribunal finds compliance with section 57.081(1), Florida Statutes, may issue a certificate of indigency or enter an order granting said…”

Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). “The general indigency statute, section 57.081, Florida Statutes (2009), provides a general waiver of prepayment of court costs and fees for persons who are determined to be indigent, but expressly does not apply to prisoners who file or intervene in civil proceedings.”

Amend. to Fla. Rules of Workers'comp., 664 So. 2d 945 (Fla. 1995). “A request for relief from filing fees pursuant to section 57.081, Florida Statutes, is separate and distinct from a request for relief from payment of record costs on appeal.”

Schwab v. Brevard Cnty. Sch. Bd., 650 So. 2d 1099 (Fla. 5th DCA 1995).

— 57.081(2) — 2 cases

Womack v. Dade Cnty., 38 Fla. Supp. 118 (Fla. Cir. Ct., Miami-Dade Cty. 1973).

Toops v. Food Fair Stores, Inc., 43 Fla. Supp. 184 (Fla. Cir. Ct., Miami-Dade Cty. 1976).

— 57.081(3) — 3 cases

Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005). “Therefore, the general indigency statute, section 57.081, applies. Id. at 367 n. 7.”

Nation v. Nation, 404 So. 2d 394 (Fla. 5th DCA 1981).

Ledger v. City of St. Petersburg, 135 So. 3d 496 (Fla. 2d DCA 2014).

— 57.081(a) — 4 cases

Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003). “085) does not apply herein, the general indigency statute (section 57.081) does. That means that if Schmidt still seeks to proceed in forma pauperis, he must prove his inability to pay by filing an affidavit with the information required according to section 57.”

Schmidt v. McDonough, 951 So. 2d 797 (Fla. 2006). “[1] *800 § 57.081, Fla. Stat. (2005) (emphasis added).”

Thomas v. Florida Parole Com'n, 963 So. 2d 777 (Fla. 1st DCA 2007).

Williams v. Florida Dep't of Corr., 851 So. 2d 229 (Fla. 1st DCA 2003).

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