The 2023 Florida Statutes (including Special Session C)
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. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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, filed this pro se appeal challenging the circuit court’s dismissal with prejudice under section 57.085 . . .
. . . 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 . . .
. . . See §§ 57.085, 95.11(8), Fla. Stat. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . one month was a collateral criminal proceeding, which was exempt from the lien requirement of section 57.085 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . Spaziano, 48 So.3d 714, 724 (Fla.2010); and § 57.085(10), Fla. Stat. . . .
. . . 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 . . .
. . . See § 57.085(9), Fla. Stat. . . .
. . . 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 . . .
. . . See § 57.085(9)(a), Fla. Stat. . . .
. . . prison disciplinary proceedings], an action brought by or on behalf of a prisoner, as defined in s. 57.085 . . .
. . . 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 . . .
. . . to Prosecute” for failure to pay the required filing fee or apply for indigent status under section 57.085 . . .
. . . 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). . . .
. . . 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 . . .
. . . 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). . . .
. . . See § 57.085, Fla. Stat. (2007); Schmidt v. Crusoe, 878 So.2d 361, 363-64 (Fla.2003). . . .
. . . petition challenging a criminal conviction, filed by or on behalf of a prisoner as defined in section 57.085 . . .
. . . 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’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). . . .
. . . See § 57.085(9)(a), Fla. Stat. The trial court committed no error in dismissing the petition. . . .
. . . 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. . . .
. . . 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. . . .
. . . See § 57.085(9)(a), Fla. Stat. (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. . . .
. . . . § 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). . . .
. . . See § 57.085(9)(a), Fla. Stat. . . .
. . . 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 . . .
. . . motion to remand, the order of the lower tribunal dismissing appellant’s claim pursuant to section 57.085 . . .
. . . a lien on Appellant’s trust account for the full amount of court costs and fees pursuant to section 57.085 . . .
. . . filing fee was therefore assessed and a lien imposed on Kendrick’s trust account pursuant to section 57.085 . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . 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 . . .
. . . , 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 . . .
. . . 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 . . .
. . . See, e.g., §§ 57.081-.082, 57.085, Fla. Stat. (2007); see also Fla. R.App. P. 9.430(a). Affirmed. . . .
. . . Section 57.085(10), Florida Statutes (2006), specifically exempts such actions from the provisions of . . .
. . . 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 . . .
. . . 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 (“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 . . .
. . . But because the underlying action constituted a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . 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 . . .
. . . 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 . . .
. . . however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . adverse result in a prison disciplinary action, the trial court imposed a lien pursuant to section 57.085 . . .
. . . 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 . . .
. . . However, Calero’s claim constituted a “collateral criminal proceeding” pursuant to section 57.085(10) . . .
. . . Thus, because the appellant’s action constituted a collateral criminal proceeding under section 57.085 . . .
. . . Neveils, 25 Nova L.Rev. at 353 (citing Ch. 96-106, Laws of Fla. codified at §§ 57.081, 57.085, 92.351 . . .
. . . indigency determinations were to be made under section 57.081, Florida Statutes, rather than section 57.085 . . .
. . . 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 . . .
. . . But because the underlying action constituted a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . concedes, petitioner’s claim constituted a collateral criminal proceeding within the meaning of section 57.085 . . .
. . . concedes, petitioner’s claim constituted a collateral criminal proceeding within the meaning of section 57.085 . . .
. . . 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 . . .
. . . We reverse that portion of the order finding Ortiz’s petition to be frivolous pursuant to section 57.085 . . .
. . . 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).” . . .
. . . However, because Lane’s claim constituted a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . collateral criminal proceeding the appellant is not subject to the prisoner indi-gency lien of section 57.085 . . .
. . . constituted a collateral criminal proceeding, and thus was not subject to the lien provisions of section 57.085 . . .
. . . this action because it was a collateral criminal proceeding, which is exempt from liens under section 57.085 . . .
. . . however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . 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. . . .
. . . But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . Because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . For this filing, a lien was imposed against Appellant’s trust account pursuant to section 57.085, Florida . . .
. . . The Florida Supreme Court explained that the purpose of the enactment of section 57.085, Florida Statutes . . .
. . . management order directing him to file appropriate indigency documentation, as required by section 57.085 . . .
. . . however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . The lien was imposed on the authority of section 57.085, Florida Statutes, after petitioner filed his . . .
. . . When an inmate is required to pay part of the costs and fees related to litigation, section 57.085(4) . . .
. . . But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . 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). . . .
. . . 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 . . .
. . . however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . Because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . 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 . . .
. . . 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 . . .
. . . However, because Gaffney’s claim constituted a “collateral criminal proceeding” pursuant to section 57.085 . . .
. . . 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 . . .