Florida Statutes
Fla. Stat. § 924.17 (2025)
Costs when appellant is indigent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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924.17 Costs when appellant is indigent.—If the court determines that the defendant is indigent and unable to pay costs, the appeal shall be a supersedeas without payment of costs.
History.—s. 293d, ch. 19554, 1939; CGL 1940 Supp. 8663(306); s. 1, ch. 28009, 1953; s. 154, ch. 70-339.
Notes of Decisions
Cited in 25
cases, 1943–1999 · leading case: State Ex Rel. Cheney v. Rowe, 11 So. 2d 585 (Fla. 1943).
State Ex Rel. Cheney v. Rowe, 11 So. 2d 585 (Fla. 1943). “He made oath and offered to establish by creditable and satis *318 factory testimony to the lower court, in conformity with Section 924.17, Florida Statutes 1941, that he had no property or means of payment of the costs in his possession or control, nor had he divested himself…”
Keur v. State, 160 So. 2d 546 (Fla. 2d DCA 1963). “However, § 924.17, Florida Statutes, F.S.A., does set forth a form of oath; and an oath in the statutory language is sufficient, *549 if true, to establish insolvency.”
Cox v. State, 334 So. 2d 568 (Fla. 1976). “When the defendant in any criminal case pending in any circuit or county court, a district court of appeal or the supreme court of this state has been adjudged *569 insolvent by the circuit judge or the judge of the county court, upon affidavit and proof as required by § 924.17…”
Foxworth v. Wainwright, 167 So. 2d 868 (Fla. 1964). “Under Section 924.17, Florida Statutes, F.S.A., the petitioner was entitled to an adjudication on the merits of his motion for a determination of his insolvency.”
Venuto v. State, 615 So. 2d 255 (Fla. 3d DCA 1993). “3d DCA 1987) (appellate filing fee and record preparation costs could not be assessed against defendant who had been adjudicated insolvent because no statute authorizes it); § 924.17, Fla. Stat. (1991). Therefore, if upon remand the trial court denies the defendant's motion for…”
United States ex rel. Reis v. Leppig, 256 F. Supp. 881 (S.D. Fla. 1966). “” The trial judge erroneously held that because the petitioner was out on bond, or because others might support her, that petitioner was not entitled to be declared insolvent within the meaning of Florida Statute § 924.”
Rastralli v. State, 76 So. 2d 270 (Fla. 1954). “Thereafter, he sought the benefits of the insolvency statute, section 924.17, Florida Statutes 1951, F.”
Brizzie v. State, 120 So. 2d 27 (Fla. 2d DCA 1960). “set and desk, does not own a home, has no bank or savings account, owns no real property and has no funds to pay the cost of this appeal.”
Dixon v. State, 163 So. 2d 771 (Fla. 2d DCA 1964). “The second ultimate fact, "that he was financially unable to employ counsel," is conclusory and, though an allegation of this conclusion of fact will under a liberal construction suffice, it should be accompanied by allegations tracing the language of Fla. Stat. § 924.17 ,…”
Cadle Co. v. G & G Assocs., 737 So. 2d 1136 (Fla. 4th DCA 1999). “(1997); § 924.17, Fla. Stat. (1969). The plain language of section 222.”
Loy v. State, 74 So. 2d 650 (Fla. 1954). “"Wherefore, in the light of the testimony above, the Court finds: that the defendant, Alton Loy, is not insolvent within the meaning of Section 924.17 Florida Statutes Annotated of the Laws of the State of Florida.”
Batson v. State, 700 So. 2d 1244 (Fla. 5th DCA 1997). “The County next asserts that the substantive law in relation to indigent filing fees is found in section 924.17, Florida Statutes (and not section 939.”
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