Florida Statutes

Fla. Stat. § 57.085 (2025)

Deferral of prepayment of court costs and fees for indigent prisoners.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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;

(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;

(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) With the exception of challenges to prison disciplinary reports, 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; s. 1, ch. 2025-81.

Notes of Decisions

Cited in 185 cases (7 in the last 5 years), 1997–2025 · leading case: Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010).

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Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). · cites it 120× “[3] After determining that Spaziano was indigent and could not prepay court fees, the circuit court entered an order pursuant to section 57.085, Florida Statutes (2004), requiring that a lien be placed upon Spaziano's inmate trust account to provide payment for the court filing…”

Eric Green v. Calvin Cottrell, 204 So. 3d 22 (Fla. 2016). · cites it 24× “For example, the law also created section 57.085, Florida Statutes (2016), which addresses the deferral of prepayment of court costs and fees for indigent prisoners.”

Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003). · cites it 14× “See § 57.085, Fla. Stat. (2002). Schmidt responded that he was not subject to these requirements because his petition was not a civil lawsuit, but rather was a "collateral criminal proceeding" exempted under the statute.”

Schmidt v. McDonough, 951 So. 2d 797 (Fla. 2006). · cites it 25× “§ 57.085, Fla. Stat. (2005) (emphasis added).”

Cox v. Crosby, 27 So. 3d 45 (Fla. 1st DCA 2006). · cites it 12× “The circuit court issued an order which found Cox to be indigent for the appeal in accordance with section 57.085, Florida Statutes, and imposed a lien on his inmate trust account to recover the applicable filing fees.”

Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005). · cites it 7× “In 1996, the legislature enacted section 57.085, the prisoner indigency statute, in order to reduce unnecessary or frivolous prisoner filings.”

Mobley v. McNeil, 989 So. 2d 1215 (Fla. 1st DCA 2008). · cites it 8× “In the underlying mandamus action, in which the appellant challenged a quasi-judicial administrative disciplinary action, the circuit court imposed a lien pursuant to section 57.085, Florida Statutes, on the appellant's inmate trust account to recover court costs and fees.”

Drayton v. Moore, 807 So. 2d 819 (Fla. 2d DCA 2002). · cites it 19× “[1] The trial court disposed of Drayton's mandamus petition pursuant to section 57.085, Florida Statutes (1999), the prisoner indigency statute.”

Kemp v. McDonough, 955 So. 2d 635 (Fla. 1st DCA 2007). · cites it 11× “Petitioner Charles Kemp, a state prisoner, seeks a writ of certiorari overturning the circuit court's denial of a petition for writ of mandamus and the imposition of a lien on his prisoner account under section 57.085, Florida Statutes (2006). For the reasons stated below, his…”

In Re Amendments to the Florida Rules of Appellate Procedure, 2 So. 3d 89 (Fla. 2008). · cites it 15× “Pursuant to § 57.085, Fla. Stat., I hereby apply for leave to proceed in this action without prepayment of court costs and fees.”

Lopez v. McDonough, 935 So. 2d 47 (Fla. 1st DCA 2006). · cites it 16× “Petitioner, Jose Lopez, seeks certiorari review of the trial court's order of indigency, which ordered the Department of Corrections ("Department") to place a lien on his inmate trust account for the full amount of his court costs and fees and to withdraw and forward any money…”

McNeil v. Cox, 997 So. 2d 343 (Fla. 2008). · cites it 17× “See § 57.085, Fla. Stat. (2005). The prisoner indigency statute was intended to supplant the general indigency statute for most purposes where prisoners' civil filings are concerned, see ch.”

Show all 185 citing cases →

— 57.085(1) — 7 cases

Eric Green v. Calvin Cottrell, 204 So. 3d 22 (Fla. 2016). “For example, the law also created section 57.085, Florida Statutes (2016), which addresses the deferral of prepayment of court costs and fees for indigent prisoners.”

In Re Amendments to the Florida Rules of Appellate Procedure, 2 So. 3d 89 (Fla. 2008). “Pursuant to § 57.085, Fla. Stat., I hereby apply for leave to proceed in this action without prepayment of court costs and fees.”

Green v. Cottrell, 172 So. 3d 1009 (Fla. 1st DCA 2015).

Amendments to the Florida Rules of Appellate Procedure, 894 So. 2d 202 (Fla. 2005).

John v. Dep't of Corr., 124 So. 3d 381 (Fla. 1st DCA 2013).

— 57.085(10) — 54 cases

Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). “[3] After determining that Spaziano was indigent and could not prepay court fees, the circuit court entered an order pursuant to section 57.085, Florida Statutes (2004), requiring that a lien be placed upon Spaziano's inmate trust account to provide payment for the court filing…”

Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003). “See § 57.085, Fla. Stat. (2002). Schmidt responded that he was not subject to these requirements because his petition was not a civil lawsuit, but rather was a "collateral criminal proceeding" exempted under the statute.”

Bush v. State, 945 So. 2d 1207 (Fla. 2006).

McNeil v. Cox, 997 So. 2d 343 (Fla. 2008). “See § 57.085, Fla. Stat. (2005). The prisoner indigency statute was intended to supplant the general indigency statute for most purposes where prisoners' civil filings are concerned, see ch.”

Schmidt v. McDonough, 951 So. 2d 797 (Fla. 2006). “§ 57.085, Fla. Stat. (2005) (emphasis added).”

— 57.085(2) — 15 cases

Amendments to the Florida Rules of Appellate Procedure, 894 So. 2d 202 (Fla. 2005).

Kolb v. Fusco, 927 So. 2d 231 (Fla. 4th DCA 2006).

Hughes v. Weiss, 870 So. 2d 87 (Fla. 2d DCA 2003).

— 57.085(3) — 2 cases

John v. Dep't of Corr., 124 So. 3d 381 (Fla. 1st DCA 2013).

Angel E. Gaston v. Lake Cnty., Counseling & Dev. Ctr., Cent. Florida Psychological Consultants, Inc., Law Off. of Michael A. Graves, Wanda T. Greene, Andrew L. Barthelony, Patrick J. Ward, W. Steven Saunders, & Howard H. Lawrence (Fla. 5th DCA 2025).

— 57.085(4) — 8 cases

Jackson v. Florida Dept. of Corr., 790 So. 2d 381 (Fla. 2001).

Mitchell v. Moore, 786 So. 2d 521 (Fla. 2001).

Geffken v. Strickler, 778 So. 2d 975 (Fla. 2001).

Reed v. Mims, 711 So. 2d 169 (Fla. 3d DCA 1998).

— 57.085(5) — 20 cases

Jackson v. Florida Dept. of Corr., 790 So. 2d 381 (Fla. 2001).

Michael A Crews, Sec'y, etc. v. Samuel Strother, 209 So. 3d 595 (Fla. 1st DCA 2014).

Kendrick v. McNeil, 6 So. 3d 657 (Fla. 1st DCA 2009).

Lopez v. McDonough, 935 So. 2d 47 (Fla. 1st DCA 2006). “Petitioner, Jose Lopez, seeks certiorari review of the trial court's order of indigency, which ordered the Department of Corrections ("Department") to place a lien on his inmate trust account for the full amount of his court costs and fees and to withdraw and forward any money…”

Wagner v. McDonough, 927 So. 2d 216 (Fla. 1st DCA 2006).

— 57.085(6) — 18 cases

Spradley v. Spradley, 213 So. 3d 1042 (Fla. 2d DCA 2017).

Hall v. Knipp, 982 So. 2d 1196 (Fla. 1st DCA 2008).

Osterback v. Turner, 837 So. 2d 604 (Fla. 1st DCA 2003).

— 57.085(6)(a) — 3 cases

Hall v. Knipp, 982 So. 2d 1196 (Fla. 1st DCA 2008).

Hurley v. United States of Am. (M.D. Fla. 2024).

— 57.085(6)(c) — 1 case

Chartrand v. Parsons, 164 So. 3d 117 (Fla. 5th DCA 2015).

— 57.085(6)(d) — 1 case

Angel E. Gaston v. Nnn Inv. Advisors (Fla. 4th DCA 2023).

— 57.085(7) — 17 cases

Jackson v. Florida Dept. of Corr., 790 So. 2d 381 (Fla. 2001).

Drayton v. Moore, 807 So. 2d 819 (Fla. 2d DCA 2002). “[1] The trial court disposed of Drayton's mandamus petition pursuant to section 57.085, Florida Statutes (1999), the prisoner indigency statute.”

Johnson v. Burns, 804 So. 2d 345 (Fla. 4th DCA 2001).

Maddrie v. Colton, 998 So. 2d 668 (Fla. 4th DCA 2009).

Peninsular Props. v. City of Bradenton, 965 So. 2d 160 (Fla. 2d DCA 2007).

— 57.085(8) — 5 cases

Smith v. Florida Dep't of Corr., 27 So. 3d 124 (Fla. 1st DCA 2010).

Ferenc v. State, 697 So. 2d 1262 (Fla. 5th DCA 1997).

John v. Dep't of Corr., 124 So. 3d 381 (Fla. 1st DCA 2013).

Walker v. Ellis, 28 So. 3d 91 (Fla. 1st DCA 2009).

Williams v. Florida Dep't of Corr., 18 So. 3d 609 (Fla. 1st DCA 2009).

— 57.085(8)(a) — 1 case

— 57.085(8)(d) — 2 cases

Smith v. Florida Dep't of Corr., 27 So. 3d 124 (Fla. 1st DCA 2010).

Reed v. Mims, 711 So. 2d 169 (Fla. 3d DCA 1998).

— 57.085(9) — 3 cases

Ortiz v. McDonough, 957 So. 2d 1256 (Fla. 1st DCA 2007).

Smith v. Rutherford, 162 So. 3d 14 (Fla. 1st DCA 2014).

— 57.085(9)(a) — 6 cases

Brown v. McNeil, 22 So. 3d 741 (Fla. 1st DCA 2009).

Reed v. Mims, 711 So. 2d 169 (Fla. 3d DCA 1998).

Robenson v. Mcneil, 39 So. 3d 350 (Fla. 1st DCA 2010).

Franklin v. State, 25 So. 3d 645 (Fla. 1st DCA 2009).

— 57.085(9)(c) — 1 case

Ellis v. Russo, 796 So. 2d 1210 (Fla. 1st DCA 2001).

— 57.085(9)(d) — 1 case

Coby v. Food World, Inc., 746 So. 2d 570 (Fla. 1st DCA 1999).

— 57.085(l) — 1 case

Newsome v. Geo Grp., Inc., 82 So. 3d 1067 (Fla. 4th DCA 2011).

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