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Florida Statute 57.085 | Lawyer Caselaw & Research
F.S. 57.085 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 57
COURT COSTS
View Entire Chapter
F.S. 57.085
57.085 Deferral of prepayment of court costs and fees for indigent prisoners.
(1) For the purposes of this section, the term “prisoner” means a person who has been convicted of a crime and is incarcerated for that crime or who is being held in custody pending extradition or sentencing.
(2) When a prisoner who is intervening in or initiating a judicial proceeding seeks to defer the prepayment of court costs and fees because of indigence, the prisoner must file an affidavit of indigence with the appropriate clerk of the court. The affidavit must contain complete information about the prisoner’s identity; the nature and amount of the prisoner’s income; all real property owned by the prisoner; all tangible and intangible property worth more than $100 which is owned by the prisoner; the amount of cash held by the prisoner; the balance of any checking, savings, or money market account held by the prisoner; the prisoner’s dependents, including their names and ages; the prisoner’s debts, including the name of each creditor and the amount owed to each creditor; and the prisoner’s monthly expenses. The prisoner must certify in the affidavit whether the prisoner has been adjudicated indigent under this section, certified indigent under s. 57.081, or authorized to proceed as an indigent under 28 U.S.C. s. 1915 by a federal court. The prisoner must attach to the affidavit a photocopy of the prisoner’s trust account records for the preceding 6 months or for the length of the prisoner’s incarceration, whichever period is shorter. The affidavit must contain the following statements: “I am presently unable to pay court costs and fees. Under penalty of perjury, I swear or affirm that all statements in this affidavit are true and complete.”
(3) Before a prisoner may receive a deferral of prepayment of any court costs and fees for an action brought under this section, the clerk of court must review the affidavit and determine the prisoner to be indigent.
(4) When the clerk has found the prisoner to be indigent but concludes the prisoner is able to pay part of the court costs and fees required by law, the court shall order the prisoner to make, prior to service of process, an initial partial payment of those court costs and fees. The initial partial payment must total at least 20 percent of the average monthly balance of the prisoner’s trust account for the preceding 6 months or for the length of the prisoner’s incarceration, whichever period is shorter.
(5) When the clerk has found the prisoner to be indigent, the court shall order the prisoner to make monthly payments of no less than 20 percent of the balance of the prisoner’s trust account as payment of court costs and fees. When a court orders such payment, the Department of Corrections or the local detention facility shall place a lien on the inmate’s trust account for the full amount of the court costs and fees, and shall withdraw money maintained in that trust account and forward the money, when the balance exceeds $10, to the appropriate clerk of the court until the prisoner’s court costs and fees are paid in full.
(6) Before an indigent prisoner may intervene in or initiate any judicial proceeding, the court must review the prisoner’s claim to determine whether it is legally sufficient to state a cause of action for which the court has jurisdiction and may grant relief. The court shall dismiss all or part of an indigent prisoner’s claim which:
(a) Fails to state a claim for which relief may be granted;
(b) Seeks monetary relief from a defendant who is immune from such relief;
(c) Seeks relief for mental or emotional injury where there has been no related allegation of a physical injury; or
(d) Is frivolous, malicious, or reasonably appears to be intended to harass one or more named defendants.
(7) A prisoner who has twice in the preceding 3 years been adjudicated indigent under this section, certified indigent under s. 57.081, or authorized to proceed as an indigent under 28 U.S.C. s. 1915 by a federal court may not be adjudicated indigent to pursue a new suit, action, claim, proceeding, or appeal without first obtaining leave of court. In a request for leave of court, the prisoner must provide a complete listing of each suit, action, claim, proceeding, or appeal brought by the prisoner or intervened in by the prisoner in any court or other adjudicatory forum in the preceding 5 years. The prisoner must attach to a request for leave of court a copy of each complaint, petition, or other document purporting to commence a lawsuit and a record of disposition of the proceeding.
(8) In any judicial proceeding in which a certificate of indigence has been issued to a prisoner, the court may at any time dismiss the prisoner’s action, in whole or in part, upon a finding that:
(a) The prisoner’s claim of indigence is false or misleading;
(b) The prisoner provided false or misleading information regarding another judicial or administrative proceeding in which the prisoner was a party;
(c) The prisoner failed to pay court costs and fees under this section despite having the ability to pay; or
(d) The prisoner’s action or a portion of the action is frivolous or malicious.
(9) In determining whether an action is frivolous or malicious, the court may consider whether:
(a) The prisoner’s claim has no arguable basis in law or fact;
(b) The prisoner’s claim reasonably appears intended solely to harass a party filed against;
(c) The prisoner’s claim is substantially similar to a previous claim in that it involves the same parties or arises from the same operative facts as a previous claim;
(d) The prisoner’s claim has little likelihood of success on its merits; or
(e) The allegations of fact in the prisoner’s claim are fanciful or not credible.
(10) This section does not apply to a criminal proceeding or a collateral criminal proceeding.
History.s. 2, ch. 96-106; s. 6, ch. 2003-1; s. 72, ch. 2003-402; s. 49, ch. 2004-265.

F.S. 57.085 on Google Scholar

F.S. 57.085 on Casetext

Amendments to 57.085


Arrestable Offenses / Crimes under Fla. Stat. 57.085
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 57.085.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ROMINE, T. J. L. v. ALLEN,, 262 So. 3d 855 (Fla. App. Ct. 2018)

. . . This petition for writ of mandamus seeks to compel the trial court to apply section 57.085(6), Florida . . . trial because the claims in the second amended complaint had not been screened as required by section 57.085 . . . require the trial court to screen the claims in the second amended complaint in compliance with section 57.085 . . . 2011) (observing that an "amended complaint will also be subject to preliminary review under section 57.085 . . . than the claims set forth in the original complaint, to perform the gatekeeping function that section 57.085 . . .

SUSSMAN, v. DEPARTMENT OF CORRECTIONS,, 257 So. 3d 604 (Fla. App. Ct. 2018)

. . . with its prior Order on Indigence Status, wherein it declined to adjudicate him indigent under section 57.085 . . . On appeal, Appellant argues that dismissal was improper because section 57.085, Florida Statutes (2017 . . . recognizes, his pleading is a mixed claim petition, and mixed petitions are not exempt from section 57.085 . . . Appellant's second argument that the dismissal of his civil claims pursuant to section 57.085 violates . . . So.2d 1110, 1111-12 (Fla. 1st DCA 2007) ("The appellants question the constitutionality of section 57.085 . . .

SPRADLEY, v. SPRADLEY,, 213 So. 3d 1042 (Fla. Dist. Ct. App. 2017)

. . . indigent prisoner, appeals an order dismissing his civil action as legally insufficient under section 57.085 . . . dismissed the complaint for failure “to state a claim for which relief may be granted” under section 57.085 . . . original pleadings necessary to effectuate appellate review” before dismissing a case under section 57.085 . . . Section 57.085(6) allows the trial court to dismiss all or part of an indigent prisoner’s claims if it . . .

GREEN, v. COTTRELL,, 204 So.3d 22 (Fla. 2016)

. . . provides a one-year time limit for “an action brought by or on behalf of a prisoner, as defined in s. 57.085 . . . For example, the law also created section 57.085, Florida Statutes (2016), which addresses the deferral . . . Section 57.085(6) provides that before an indigent prisoner may initiate' a judicial proceeding, “the . . . See § 57.085(1), Fla. Stat. . . . Section 57.085(1), Florida Statutes (2016), defines a prisoner as "a person who has been convicted of . . .

RUGGIRELLO, v. L. JONES,, 202 So. 3d 935 (Fla. Dist. Ct. App. 2016)

. . . criminal proceeding” and that the petition was therefore subject to a hen for costs and fees under section 57.085 . . . order, found Ruggirello to be indigent and placed a lien on his inmate account pursuant to section 57.085 . . . When an indigent prisoner initiates a judicial proceeding, section 57.085(5), Florida Statutes, requires . . . Accordingly, Ruggirello is exempt from the lien requirement of section 57.085(5) only if his petition . . . But we cannot rewrite section 57.085 in an attempt to alleviate the harm caused by DOC’s disregard of . . .

TONEY, v. C. COURTNEY, Dr. S. M. Dr., 191 So. 3d 505 (Fla. Dist. Ct. App. 2016)

. . . Toney, filed this pro se appeal challenging the circuit court’s dismissal with prejudice under section 57.085 . . .

GROOMS, v. DEPARTMENT OF CORRECTIONS,, 179 So. 3d 480 (Fla. Dist. Ct. App. 2015)

. . . circuit court constituted a collateral criminal proceeding exempt , from the lien requirement of section 57.085 . . . See § 57.085(10), Fla. Stat. (2013); see also Fla. Admin. . . . one month was a collateral criminal proceeding, which was exempt from the lien requirement of section 57.085 . . .

GARDENER, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 178 So. 3d 92 (Fla. Dist. Ct. App. 2015)

. . . See §§ 57.085, 95.11(8), Fla. Stat. . . .

GREEN, v. COTTRELL, E. E. D., 172 So. 3d 1009 (Fla. Dist. Ct. App. 2015)

. . . It applies to “aetion[s] brought by or on behalf of a prisoner, as defined in s. 57.085, relating to . . . Section 57.085(1), Florida Statutes (2007), defines a “prisoner” as “a person who has been convicted . . . of a pre-trial detainee, which is arguably outside the definition of prisoner contained in section 57.085 . . .

L. MAGWOOD, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 175 So. 3d 311 (Fla. Dist. Ct. App. 2015)

. . . court declined to grant appellant’s motion for leave to proceed as an indigent pursuant to section 57.085 . . . Colton, 998 So.2d 668, 670 (Fla. 4th DCA 2009) (“Section 57.085 is intended to discourage frivolous lawsuits . . .

E. ROBERTS, v. STATE, 172 So. 3d 478 (Fla. Dist. Ct. App. 2015)

. . . placed on his inmate trust account — in an earlier mandamus proceeding — under the authority of section 57.085 . . . See § 57.085(10), Fla. Stat. . . . post-appellate rehearing of an interlocutory ruling, such as the imposition of a lien pursuant to section 57.085 . . .

C. CHARTRAND, v. PARSONS,, 164 So. 3d 117 (Fla. Dist. Ct. App. 2015)

. . . Perhaps recognizing this, the trial court sua sponte reviewed Chartrand’s complaint pursuant to section 57.085 . . . See § 57.085(6)(c), (9)(d), Fla. Stat. (2014). . . .

A. THOMAS, v. DEPARTMENT OF CORRECTIONS,, 159 So. 3d 291 (Fla. Dist. Ct. App. 2015)

. . . one month was a collateral criminal proceeding, which was exempt from the lien requirement of section 57.085 . . .

S. WHITED, v. FLORIDA COMMISSION ON OFFENDER REVIEW,, 153 So. 3d 324 (Fla. Dist. Ct. App. 2014)

. . . Accordingly, when such an action is brought, section 57.085(10) precludes imposition of a lien on the . . . Spaziano, 48 So.3d 714, 724 (Fla.2010); and § 57.085(10), Fla. Stat. . . . of costs and fees.” § 57.085(2), Fla. . . . See § 57.085(4)-(5), Fla. Stat. . . . See § 57.085(10), Fla. Stat. (2009). Spaziano, 48 So.3d at 717-18. . . .

JOHN, v. D. CREWS,, 149 So. 3d 149 (Fla. Dist. Ct. App. 2014)

. . . The clerk of the circuit court determined that appellant was not indigent pursuant to section 57.085, . . . circuit court agreed with the clerk’s determination that appellant was not indigent pursuant to section 57.085 . . . problematic because appellant’s indigent status should not have been determined pursuant to section 57.085 . . .

A. CREWS, v. STROTHER,, 209 So. 3d 595 (Fla. Dist. Ct. App. 2014)

. . . That mandamus petition asserted that section 57.085(5), Florida Statutes, allows DOC to withdraw money . . . This second mandamus petition, the basis for this appeal, again asserted that DOC violated section 57.085 . . . Here, we have reconsidered our prior interpretation of section 57.085(5) and find that the lower court . . . Here, as Appellee still has an unsatisfied debt, i.e. a lien on his account pursuant to section 57.085 . . . Read in accordance with section 57.085(5), DOC may hold the funds in Appellee’s account, withdrawing . . .

S. WHITED, v. FLORIDA COMMISSION ON OFFENDER REVIEW,, 145 So. 3d 951 (Fla. Dist. Ct. App. 2014)

. . . Spaziano, 48 So.3d 714, 724 (Fla.2010); and § 57.085(10), Fla. Stat. . . .

LEWIS, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 143 So. 3d 1112 (Fla. Dist. Ct. App. 2014)

. . . reverse and remand, because the trial court directed appellant to comply with a portion of section 57.085 . . . Florida Statutes (2012), twice in the preceding three years, and thus directed him pursuant to section 57.085 . . . The Florida Supreme Court had held the copying requirement in section 57.085(7) to be unconstitutional . . . , appellant must be given the opportunity to submit a list of his prior actions required by section 57.085 . . . to be indigent on remand, but only to a deferral of prepayment of court costs and fees under section 57.085 . . .

SMITH, v. RUTHERFORD, In, 162 So. 3d 14 (Fla. Dist. Ct. App. 2014)

. . . See § 57.085(9), Fla. Stat. . . .

JOHN, v. DEPARTMENT OF CORRECTIONS,, 124 So. 3d 381 (Fla. Dist. Ct. App. 2013)

. . . Nevertheless, the Clerk of the Circuit Court for Leon County correctly applied section 57.085, Florida . . . allows indigent persons to seek waiver of filing fees, does not apply to prisoners “as defined in s. 57.085 . . . The determination of indi-gency is to be made by the clerk under the procedures stated in section 57.085 . . . appellant’s “receiving a deferral of prepayment of any court costs and fees,” as provided by section 57.085 . . . Section 57.085(8) provides that ”[i]n any judicial proceeding in which a certificate of indigence has . . .

L. BROWN, v. D. CREWS, S., 120 So. 3d 1255 (Fla. Dist. Ct. App. 2013)

. . . See § 57.085(9)(a), Fla. Stat. . . .

CALHOUN, v. NIENHUIS,, 110 So. 3d 24 (Fla. Dist. Ct. App. 2013)

. . . prison disciplinary proceedings], an action brought by or on behalf of a prisoner, as defined in s. 57.085 . . .

WILLIAMS, v. STATE, 98 So. 3d 258 (Fla. Dist. Ct. App. 2012)

. . . That statute provides in relevant part: Any indigent person, except a prisoner as defined in s. 57.085 . . . As can be seen, the statute excludes prisoners “as defined in s. 57.085.” . . . .” § 57.085(10). . . . postconviction motions are collateral criminal proceedings, that as such they are outside the reach of section 57.085 . . .

JACKSON, v. SANTA ROSA C. I. MAIN- UNIT PROPERTY ROOM STAFF,, 94 So. 3d 676 (Fla. Dist. Ct. App. 2012)

. . . to Prosecute” for failure to pay the required filing fee or apply for indigent status under section 57.085 . . .

P. NEWSOME, v. GEO GROUP, INC. G. M., 82 So. 3d 1067 (Fla. Dist. Ct. App. 2011)

. . . Under § 57.085(5), Florida Statutes, “[w]hen the clerk has found the prisoner to be indigent, the court . . . Thus, he argues, the trial court erred in ordering a lien on his trust account based on section 57.085 . . . Section 57.085(5), Florida Statutes (2009), provides in pertinent part that “[w]hen the clerk has found . . . is incarcerated for that crime or who is being held in custody pending extradition or sentencing.” § 57.085 . . . Here, appellant is not a prisoner within the meaning of section 57.085(1). . . .

HOUSTON, v. GEO,, 73 So. 3d 323 (Fla. Dist. Ct. App. 2011)

. . . The trial judge, pursuant to section 57.085(6), Florida Statutes (2009), reviewed Houston’s claim and . . . Section 57.085(6), Florida Statutes (2009), provides: Before an indigent prisoner may intervene in or . . .

JAMES, v. Lt. GORYL,, 62 So. 3d 1225 (Fla. Dist. Ct. App. 2011)

. . . Pursuant to section 57.085(6), Florida Statutes (2009), the trial court reviewed the complaint to determine . . . The amended complaint will also be subject to preliminary review under section 57.085(6). . . .

O. LOVETTE, v. FLORIDA DEPARTMENT OF HEALTH,, 49 So. 3d 326 (Fla. Dist. Ct. App. 2010)

. . . See § 57.085, Fla. Stat. (2007); Schmidt v. Crusoe, 878 So.2d 361, 363-64 (Fla.2003). . . .

F. JONES, v. FLORIDA PAROLE COMMISSION,, 48 So. 3d 704 (Fla. 2010)

. . . petition challenging a criminal conviction, filed by or on behalf of a prisoner as defined in section 57.085 . . .

FLORIDA PAROLE COMMISSION, v. SPAZIANO,, 48 So. 3d 714 (Fla. 2010)

. . . See § 57.085(4)-(5), Fla. Stat. . . . See § 57.085(10), Fla. Stat. (2009). . . . See § 57.085(9), Fla. Stat. (2009). . . . The provisions of section 57.085(10), Florida Statutes (2009), are identical to section 57.085(10), Florida . . . See § 57.085(6)(a)-(c), Fla. Stat. (2009). . . . .” § 57.085(2), Fla. Stat. (2004). . . . .” § 57.085(10), Fla. Stat. (2004). . . . criminal proceedings” they “fall within the exception expressly set forth by the Legislature in section 57.085 . . . The rewriting of the unambiguous statutory exception in section 57.085(10) is not justified by the majority . . .

De L. ALEXANDER, v. STATE, 43 So. 3d 193 (Fla. Dist. Ct. App. 2010)

. . . De’Andre Alexander challenges an order that requires him to pay fees and costs pursuant to section 57.085 . . . See § 57.085(10), Fla. Stat. (2009); Geffken v. Strickler, 778 So.2d 975, 976 (Fla.2001). . . .

ROBENSON, v. A. McNEIL,, 39 So. 3d 350 (Fla. Dist. Ct. App. 2010)

. . . See § 57.085(9)(a), Fla. Stat. The trial court committed no error in dismissing the petition. . . .

L. SMITH, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 27 So. 3d 124 (Fla. Dist. Ct. App. 2010)

. . . The trial court also sua sponte dismissed Appellant’s complaint as frivolous under section 57.085(8)( . . . We find no error in the trial court’s dismissal of Appellant’s complaint under section 57.085(8)(d), . . . See, e.g., §§ 57.085(8), 944.279(1), 944.28(2)(a), Fla. Stat. . . .

Y. GHENT, v. STATE, 27 So. 3d 121 (Fla. Dist. Ct. App. 2010)

. . . ten-day extension so that he could obtain a printout of his inmate trust account pursuant to section 57.085 . . . extension because he claimed that he was waiting for a printout of his inmate trust account, citing section 57.085 . . . Section 57.085, however, applies to prisoner civil suits, not criminal or collateral criminal proceedings . . . . § 57.085(10), Fla. . . .

FRANKLIN, Jr. v. STATE, 25 So. 3d 645 (Fla. Dist. Ct. App. 2009)

. . . See § 57.085(9)(a), Fla. Stat. (2009). . . .

WALKER, v. ELLIS,, 28 So. 3d 91 (Fla. Dist. Ct. App. 2009)

. . . The court correctly applied section 57.085, Florida Statutes, to find the action frivolous or malicious . . . and to dismiss the action. §§ 57.085(8) & (9), Fla. . . .

SCHMIDT, v. A. McNEIL,, 354 F. App'x 391 (11th Cir. 2009)

. . . . § 57.085 (the “Prisoner Indigency Statute”). . . . Stat. § 57.085 or § 57.081, whichever was applicable. . . . Stat. § 57.085, a prisoner who wishes to litigate in state court and avoid the prepayment of filing fees . . . Stat. § 57.085(1), (2). . . . Stat. § 57.085(10). . . .

BROWN, v. A. McNEIL,, 22 So. 3d 741 (Fla. Dist. Ct. App. 2009)

. . . See § 57.085(9)(a), Fla. Stat. . . .

SWINT, v. McNEIL,, 17 So. 3d 898 (Fla. Dist. Ct. App. 2009)

. . . a lien on Appellant’s inmate trust account for reimbursement of the filing fee, pursuant to section 57.085 . . . concedes, the action below was a collateral criminal proceeding and is thereby exempt, pursuant to section 57.085 . . .

D. WILLIAMS, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 18 So. 3d 609 (Fla. Dist. Ct. App. 2009)

. . . motion to remand, the order of the lower tribunal dismissing appellant’s claim pursuant to section 57.085 . . .

BULLARD, v. A. McNEIL,, 9 So. 3d 749 (Fla. Dist. Ct. App. 2009)

. . . a lien on Appellant’s trust account for the full amount of court costs and fees pursuant to section 57.085 . . .

KENDRICK, v. A. McNEIL,, 6 So. 3d 657 (Fla. Dist. Ct. App. 2009)

. . . filing fee was therefore assessed and a lien imposed on Kendrick’s trust account pursuant to section 57.085 . . .

MADDRIE, v. H. COLTON,, 998 So. 2d 668 (Fla. Dist. Ct. App. 2009)

. . . court dismissed the complaint because Maddrie had failed to comply with the requirements of section 57.085 . . . Section 57.085 provides for the deferral of prepayment of court costs for indigent prisoners. . . . each suit, action, claim, proceeding, or appeal brought by the prisoner in the preceding five years. § 57.085 . . . An order dismissing an action pursuant to section 57.085 is reviewable as a final order under Florida . . . Section 57.085 is intended to discourage frivolous lawsuits by inmates who abuse the civil indigency . . .

A. McNEIL, v. J. COX,, 997 So. 2d 343 (Fla. 2008)

. . . indigent and applied the prepayment and lien requirements of the prisoner indigency statute, section 57.085 . . . See § 57.085, Fla. Stat. (2005). . . . See § 57.085(10), Fla. Stat. (2005) (emphasis added). . . . See § 57.085, Fla. State. (2002). . . . See § 57.085(10), Fla. Stat. (2002). . . .

In AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 2 So. 3d 89 (Fla. 2008)

. . . for that crime, or I am -being-held-in-custody pending extradition or-sentencing- — Pursuant- to § 57.085 . . . or adjudicatory forums-without prepayment of court costs or fees, pursuant -to Sections--57.081 or 57.085 . . . (Plaintiff) is indigent under Section 57.085 — Florida Statutes. . . . indigenc-y-eon-taining Petitioner’s — (Plaintiffs-)—identity and the financial information required by Seofion-57.085 . . . — Petitioner (Plaintiff) ■ seeks waiver of prepayment of court costs-and fees, -pursuant to Section 57.085 . . .

E. NICARRY, v. ESLINGER,, 990 So. 2d 661 (Fla. Dist. Ct. App. 2008)

. . . a petition challenging a criminal conviction, filed by or on behalf of a prisoner as defined in s. 57.085 . . . actions described in subsection (8), an action brought by or on behalf of a prisoner, as defined in s. 57.085 . . .

JONES, v. JOSEPH,, 989 So. 2d 744 (Fla. Dist. Ct. App. 2008)

. . . , Florida Statutes, and dismissed the petition, pursuant to section 57.085(6), for failure to state a . . . Section 57.085, Florida Statutes (2007), provides in relevant part: (6) Before an indigent prisoner may . . . By its own terms, section 57.085 applies only to an inmate’s attempt to initiate civil proceedings — . . . See § 57.085(10), Fla. Stat. . . . As appellant’s petition was not properly dismissed pursuant to section 57.085(6) and his request for . . .

MOBLEY, v. A. McNEIL,, 989 So. 2d 1215 (Fla. Dist. Ct. App. 2008)

. . . quasi-judicial administrative disciplinary action, the circuit court imposed a lien pursuant to section 57.085 . . . Motion Seeking Relief from an Order Imposing a Lien on Petitioner Trust Account Pursuant to Section 57.085 . . . Motion Seeking Relief from an Order Imposing a Lien on Petitioner Trust Account Pursuant to Section 57.085 . . . post-appellate rehearing of an interlocutory ruling, such as the imposition of a lien pursuant to section 57.085 . . .

JOSEPH, a k a v. STATE, 985 So. 2d 1225 (Fla. Dist. Ct. App. 2008)

. . . See, e.g., §§ 57.081-.082, 57.085, Fla. Stat. (2007); see also Fla. R.App. P. 9.430(a). Affirmed. . . .

BURRIS, v. STATE, 982 So. 2d 1248 (Fla. Dist. Ct. App. 2008)

. . . Section 57.085(10), Florida Statutes (2006), specifically exempts such actions from the provisions of . . .

HALL, v. KNIPP,, 982 So. 2d 1196 (Fla. Dist. Ct. App. 2008)

. . . prejudice, then dismissed appellant’s first amended complaint with prejudice, all pursuant to section 57.085 . . . intercepted” the complaint before service could be accomplished, and did so in full conformity with section 57.085 . . . relief may be granted; (b) Seeks monetary relief from a defendant who is immune from such relief[.] § 57.085 . . . In screening appellant’s complaint pursuant to section 57.085(6), the trial court reached a partially . . .

JONES, v. T. FERGUSON,, 979 So. 2d 1245 (Fla. Dist. Ct. App. 2008)

. . . Lawrence Lee Jones appeals from the trial court’s dismissal of his complaint pursuant to section 57.085 . . . (Fla. 4th DCA 2008) (finding the trial court’s dismissal of the appellant’s complaint under section 57.085 . . . was premature because he had not yet been adjudicated indigent as required by section 57.085(6)). . . .

CRAFT, v. HOLLOWAY,, 975 So. 2d 620 (Fla. Dist. Ct. App. 2008)

. . . Craft (“appellant”) appeals from the circuit court’s dismissal of his complaint pursuant to section 57.085 . . . The trial court rendered an order pursuant to section 57.085, Florida Statutes, finding insufficient . . . Section 57.085 attempts to solve the problem of frivolous civil suits by indigent prison inmates by requiring . . . “The pres-creening provisions of section 57.085(6) only apply to actions filed by ‘indigent’ prisoners . . . When a trial court dismisses a case under section 57.085, it must retain all original pleadings necessary . . .

CLIFTON, Jr. v. FLORIDA PAROLE COMMISSION,, 974 So. 2d 1208 (Fla. Dist. Ct. App. 2008)

. . . But because the underlying action constituted a “collateral criminal proceeding” pursuant to section 57.085 . . .

SMITH v. FLORIDA DEPARTMENT OF CORRECTIONS,, 974 So. 2d 1110 (Fla. Dist. Ct. App. 2007)

. . . their complaint was dismissed, upon their failure to comply with filing fee requirements under section 57.085 . . . However, only one of the appellants submitted the necessary information under section 57.085 for the . . . maintain their joint action as this approach would subvert the legislative intent underlying section 57.085 . . . fee might be waived under section 57.081, Florida Statutes, the entire action is subject to section 57.085 . . . The court indicated that to exempt such a “mixed” action from section 57.085 would undermine the statutory . . . . § 57.085, Fla. Stat. (2007). . . . judicial proceeding [who] seeks to defer the prepayment of court costs and fees because of indigence,” § 57.085 . . .

GAINES, v. R. McDONOUGH,, 968 So. 2d 95 (Fla. Dist. Ct. App. 2007)

. . . The circuit court should not have ordered the imposition of a section 57.085, Florida Statutes, lien . . . Petitioner’s action is a “collateral criminal proceeding,” it is specifically exempted from section 57.085 . . .

HARRISON, v. DEPARTMENT OF CORRECTIONS,, 965 So. 2d 1276 (Fla. Dist. Ct. App. 2007)

. . . however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .

HAMPTON, v. R. McDONOUGH,, 967 So. 2d 317 (Fla. Dist. Ct. App. 2007)

. . . adverse result in a prison disciplinary action, the trial court imposed a lien pursuant to section 57.085 . . .

SIMPKINS, v. R. McDONOUGH,, 967 So. 2d 950 (Fla. Dist. Ct. App. 2007)

. . . to the denial of mandamus, but the circuit court should not have ordered the imposition of a section 57.085 . . . petitioner suggests that the mandamus action was a collateral criminal proceeding to which section 57.085 . . . of time which will actually be served will be treated as a collateral criminal proceeding to which § 57.085 . . . In-accordance with Schmidt and Gibson, a section 57.085 lien thus may not be imposed for the petitioner . . . However, the petition is granted in connection with the challenge to the section 57.085 lien, and the . . .

A. CALERO, v. R. McDONOUGH,, 964 So. 2d 876 (Fla. Dist. Ct. App. 2007)

. . . However, Calero’s claim constituted a “collateral criminal proceeding” pursuant to section 57.085(10) . . .

MICHAEL, v. FLORIDA CORRECTIONS COMMISSION, 966 So. 2d 982 (Fla. Dist. Ct. App. 2007)

. . . Thus, because the appellant’s action constituted a collateral criminal proceeding under section 57.085 . . .

SMITH, v. A. FISHER, M. D., 965 So. 2d 205 (Fla. Dist. Ct. App. 2007)

. . . Neveils, 25 Nova L.Rev. at 353 (citing Ch. 96-106, Laws of Fla. codified at §§ 57.081, 57.085, 92.351 . . .

SMITH, v. FLORIDA PAROLE COMMISSION,, 964 So. 2d 189 (Fla. Dist. Ct. App. 2007)

. . . indigency determinations were to be made under section 57.081, Florida Statutes, rather than section 57.085 . . .

PEREZ, v. STATE, 963 So. 2d 337 (Fla. Dist. Ct. App. 2007)

. . . We write to again clarify the application of section 57.085, Florida Statutes. . . . directed Appellant either to pay the filing fee or to file an affidavit of indigence, citing section 57.085 . . . Appellant argued that section 57.085 did not apply. . . . petition was dismissed for failure to pay the fee or provide the affidavit; the order cited section 57.085 . . . such an affidavit, but the trial court nonetheless placed a lien on his account, again citing section 57.085 . . .

WILLIAMS, v. FLORIDA PAROLE COMMISSION,, 963 So. 2d 872 (Fla. Dist. Ct. App. 2007)

. . . But because the underlying action constituted a “collateral criminal proceeding” pursuant to section 57.085 . . .

GAINES, v. FLORIDA PAROLE COMMISSION, 962 So. 2d 1040 (Fla. Dist. Ct. App. 2007)

. . . court granted petitioner’s request for leave to proceed as an indigent below, but pursuant to section 57.085 . . . constituted a collateral criminal proceeding and thus was exempt from the lien provisions of section 57.085 . . .

ROSS, v. FLORIDA PAROLE COMMISSION,, 962 So. 2d 1046 (Fla. Dist. Ct. App. 2007)

. . . A proceeding which affects a prisoner’s gain-time or length of sentence, is exempt from section 57.085 . . . such as the instant one, where the prisoner challenges the loss of gain-time, are exempt from section 57.085 . . .

PENINSULAR PROPERTIES BRADEN RIVER, LLC, v. CITY OF BRADENTON, FLORIDA,, 965 So. 2d 160 (Fla. Dist. Ct. App. 2007)

. . . See § 57.085(7), Fla. Stat. (1997). . . . The First District Court of Appeal considered a similar statute, § 57.085, Fla. Stat. . . . Section 57.085 provided indigents the right to proceed in certain cases without the payment of court . . .

THOMAS, v. FLORIDA PAROLE COMMISSION,, 963 So. 2d 777 (Fla. Dist. Ct. App. 2007)

. . . for writ of mandamus for not filing copies of his inmate trust account records as required by section 57.085 . . . The applicability of section 57.085 is a question of law and the standard of review is de novo. . . . See § 57.085(2)-(5), Fla. Stat. (2006). . . . [s].” § 57.085(10), Fla. . . . The citation to section 57.085, Florida Statutes, is on the form provided by the clerk of court. . . .

LOWERY, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 957 So. 2d 93 (Fla. Dist. Ct. App. 2007)

. . . concedes, petitioner’s claim constituted a collateral criminal proceeding within the meaning of section 57.085 . . .

LOWERY, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 957 So. 2d 93 (Fla. Dist. Ct. App. 2007)

. . . concedes, petitioner’s claim constituted a collateral criminal proceeding within the meaning of section 57.085 . . .

MATHIS, v. R. McDONOUGH,, 957 So. 2d 95 (Fla. Dist. Ct. App. 2007)

. . . However, he asserts that the circuit court erred when, in reliance on section 57.085, Florida Statutes . . . Because section 57.085 was inapplicable, the imposition of a lien on petitioner’s inmate trust account . . .

G. ORTIZ, v. R. McDONOUGH,, 957 So. 2d 1256 (Fla. Dist. Ct. App. 2007)

. . . We reverse that portion of the order finding Ortiz’s petition to be frivolous pursuant to section 57.085 . . .

KEMP, v. R. McDONOUGH,, 955 So. 2d 635 (Fla. Dist. Ct. App. 2007)

. . . a petition for writ of mandamus and the imposition of a lien on his prisoner account under section 57.085 . . . On March 23, 2006, the clerk filed a Certificate of Indigence “pursuant to 57.085, Florida Statutes.” . . . Based on this certificate, the circuit court found petitioner to be indigent under section 57.085 and . . . In 1996, the legislature enacted section 57.085 to provide that indigent prisoners who file suits will . . . The affidavit was entitled “Prisoner Affidavit of Indigency (Civil Proceedings F.S. 57.085).” . . .

R. LANE, v. R. McDONOUGH,, 954 So. 2d 713 (Fla. Dist. Ct. App. 2007)

. . . However, because Lane’s claim constituted a “collateral criminal proceeding” pursuant to section 57.085 . . .

DRAKES, v. FLORIDA PAROLE COMMISSION,, 954 So. 2d 89 (Fla. Dist. Ct. App. 2007)

. . . collateral criminal proceeding the appellant is not subject to the prisoner indi-gency lien of section 57.085 . . .

E. YOUNG, v. R. McDONOUGH,, 954 So. 2d 703 (Fla. Dist. Ct. App. 2007)

. . . constituted a collateral criminal proceeding, and thus was not subject to the lien provisions of section 57.085 . . .

O. JENKINS, a k a L. v. STATE, 957 So. 2d 20 (Fla. Dist. Ct. App. 2007)

. . . this action because it was a collateral criminal proceeding, which is exempt from liens under section 57.085 . . .

DIAZ, v. R. McDONOUGH,, 953 So. 2d 657 (Fla. Dist. Ct. App. 2007)

. . . however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .

H. GIBSON, v. R. McDONOUGH,, 951 So. 2d 89 (Fla. Dist. Ct. App. 2007)

. . . the circuit court improperly imposed a lien on his prison inmate trust account, pursuant to section 57.085 . . . Section 57.085 enables the trial court to place a lien on an inmate’s trust account for civil filing . . . See § 57.085(10), Fla. Stat. In Schmidt v. . . .

C. HARTLEY, v. R. McDONOUGH,, 951 So. 2d 44 (Fla. Dist. Ct. App. 2007)

. . . But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .

CROSBY, v. FLORIDA PAROLE COMMISSION,, 949 So. 2d 1181 (Fla. Dist. Ct. App. 2007)

. . . Because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .

WEEKS, v. R. McDONOUGH,, 950 So. 2d 484 (Fla. Dist. Ct. App. 2007)

. . . however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .

AUSTIN, v. R. McDONOUGH,, 948 So. 2d 970 (Fla. Dist. Ct. App. 2007)

. . . For this filing, a lien was imposed against Appellant’s trust account pursuant to section 57.085, Florida . . .

W. TURNER, v. R. McDONOUGH,, 949 So. 2d 1106 (Fla. Dist. Ct. App. 2007)

. . . The Florida Supreme Court explained that the purpose of the enactment of section 57.085, Florida Statutes . . .

REESE, v. McDONOUGH,, 947 So. 2d 1286 (Fla. Dist. Ct. App. 2007)

. . . management order directing him to file appropriate indigency documentation, as required by section 57.085 . . .

JONES, v. HARRIS,, 949 So. 2d 1079 (Fla. Dist. Ct. App. 2007)

. . . however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .

M. STOKES, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 948 So. 2d 75 (Fla. Dist. Ct. App. 2007)

. . . The lien was imposed on the authority of section 57.085, Florida Statutes, after petitioner filed his . . .

ESQUIVEL, v. R. McDONOUGH,, 946 So. 2d 104 (Fla. Dist. Ct. App. 2007)

. . . When an inmate is required to pay part of the costs and fees related to litigation, section 57.085(4) . . .

BOWLEG, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 949 So. 2d 1058 (Fla. Dist. Ct. App. 2006)

. . . But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .

SCHMIDT, v. R. McDONOUGH,, 951 So. 2d 797 (Fla. 2006)

. . . an order requiring him to pay a filing fee or to comply with the prisoner indigency statute, section 57.085 . . . Both the general indigency statute, section 57.081, and the prisoner indi-gency statute, section 57.085 . . . The statute provides as follows in relevant part: 57.085. . . . See § 57.085, Fla. State. (2002). . . . See § 57.085(10), Fla. Stat. (2002). . . .

SCOTT, v. McDONOUGH, 946 So. 2d 1161 (Fla. Dist. Ct. App. 2006)

. . . liens and partial prepayment obligations on appellant’s inmate trust account,- pursuant to section 57.085 . . . collateral criminal proceeding and the imposition of liens and prepayment obligations under section 57.085 . . .

BUSH, v. STATE, 945 So. 2d 1207 (Fla. 2006)

. . . .” § 57.085(10), Fla. Stat. (2005). . . .

BUSH, v. R. McDONOUGH,, 943 So. 2d 986 (Fla. Dist. Ct. App. 2006)

. . . however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .

AGUILAR, v. R. McDONOUGH,, 943 So. 2d 988 (Fla. Dist. Ct. App. 2006)

. . . Because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .

MOBLEY, v. R. McDONOUGH,, 946 So. 2d 40 (Fla. Dist. Ct. App. 2006)

. . . But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .

T. FINN, v. R. McDONOUGH,, 943 So. 2d 295 (Fla. Dist. Ct. App. 2006)

. . . For this filing, a hen was imposed against petitioner’s trust account pursuant to section 57.085, Florida . . . Therefore, the May 10, 2005, order imposing the 57.085 lien on petitioner’s prison trust account, and . . .

HILL, v. R. McDONOUGH,, 946 So. 2d 1091 (Fla. Dist. Ct. App. 2006)

. . . upon the trial court’s determination that the petition was untimely and an order by which a section 57.085 . . . underlying mandamus proceeding is a “collateral criminal proceeding” in connection with which a section 57.085 . . .

GAFFNEY, v. R. McDONOUGH,, 942 So. 2d 954 (Fla. Dist. Ct. App. 2006)

. . . However, because Gaffney’s claim constituted a “collateral criminal proceeding” pursuant to section 57.085 . . .

McCRAY, v. STATE, 941 So. 2d 1262 (Fla. Dist. Ct. App. 2006)

. . . Appellee has conceded that the postconviction court erred in its application of section 57.085, Florida . . . s petition for writ of habeas corpus is a collateral criminal proceeding which, pursuant to section 57.085 . . . (10), is exempt from section 57.085. . . . his motion, McCray was not seeking deferral of prepayment of court costs and fees pursuant to section 57.085 . . .