CODING: Words stricken are deletions; words underlined are additions.House Bill 1661
Florida House of Representatives - 1997 HB 1661
By Representative Peaden
1 A bill to be entitled
2 An act relating to waiver of court costs for
3 indigent persons; amending s. 57.081, F.S.;
4 revising contents of affidavit filed by
5 applicant for certification of indigency on
6 order to be exempt from prepayment of court
7 costs to the court, clerk, or sheriff;
8 requiring that the affidavit contain a
9 statement certifying that no person has been
10 paid or promised payment for certain services
11 in connection with the action or proceeding;
12 providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (1) of section 57.081, Florida
17 Statutes, 1996 Supplement, is amended to read:
18 57.081 Costs; right to proceed where prepayment of
19 costs waived.--
20 (1) Any indigent person, except a prisoner as defined
21 in s. 57.085, who is a party or intervenor in any judicial or
22 administrative agency proceeding or who initiates such
23 proceeding shall receive the services of the courts, sheriffs,
24 and clerks, with respect to such proceedings, without charge.
25 Such services are limited to filing fees, service of process,
26 certified copies of orders or final judgments, a single
27 photocopy of any court pleading, record, or instrument filed
28 with the clerk, examining fees, mediation services and fees,
29 court-appointed counsel fees, subpoena fees and services,
30 service charges for collecting and disbursing funds, and any
31 other cost or service arising out of pending litigation. In
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1661
557-121-97
1 any appeal from an administrative agency decision, for which
2 the clerk is responsible for preparing the transcript, the
3 clerk shall waive the cost of preparing the transcripts and
4 the cost for copies of any exhibits in the record. No
5 prepayment of costs to any court judge, clerk, or sheriff is
6 required in any action when the party has obtained from the
7 clerk in each proceeding a certification of indigency, based
8 on an affidavit of the applicant claiming that the applicant
9 is indigent and unable to pay the charges otherwise payable by
10 law to any of such officers, and providing the details of the
11 applicant's financial condition, and containing a statement
12 certifying that no person has been paid or promised any
13 payment of any renumeration for services performed on behalf
14 of the applicant in connection with the action or proceeding.
15 However, when the person is represented by an attorney, the
16 person need not file an affidavit in order to be exempt from
17 payment of charges under this subsection. A represented person
18 is exempt from charges under this subsection if the attorney
19 of such person files a written certificate, signed by the
20 attorney, certifying that the attorney has made an
21 investigation to ascertain the financial condition of the
22 client and has found the client to be indigent; that the
23 attorney has investigated the nature of the applicant's
24 position and in the attorney's opinion it is meritorious as a
25 matter of law; and that the attorney has not been paid or
26 promised payment of any remuneration for services and intends
27 to act as attorney for the applicant without compensation. On
28 the failure or refusal of the clerk to issue a certificate of
29 indigency, the applicant is entitled to a review of the
30 application for the certificate by the court having
31 jurisdiction of the cause of action.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1661
557-121-97
1 Section 2. This act shall take effect July 1, 1997.
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4 HOUSE SUMMARY
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Revises contents of affidavit filed by applicant for
6 certification of indigency on order to be exempt from
prepayment of court costs to the court, clerk, or
7 sheriff. Requires that the affidavit contain a statement
certifying that no person has been paid or promised
8 payment for certain services in connection with the
action or proceeding.
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