| 1 | A bill to be entitled |
| 2 | An act relating to determinations of civil indigent |
| 3 | status; amending s. 57.082, F.S.; providing for waiving |
| 4 | certain court services costs for certain indigent persons; |
| 5 | providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Subsection (5) of section 57.082, Florida |
| 10 | Statutes, is amended to read: |
| 11 | 57.082 Determination of civil indigent status.-- |
| 12 | (5) PROCESSING CHARGE; PAYMENT PLANS.--A person who the |
| 13 | clerk or the court determines is indigent for civil proceedings |
| 14 | under this section shall: |
| 15 | (a) Have all costs waived for court services listed in s. |
| 16 | 57.081 if the indigent person's income is equal to or below 150 |
| 17 | percent of the then-current federal poverty guidelines |
| 18 | prescribed for the size of the household of the applicant by the |
| 19 | United States Department of Health and Human Services or if the |
| 20 | indigent person is receiving Temporary Assistance for Needy |
| 21 | Families-Cash Assistance, poverty-related veterans' benefits, or |
| 22 | Supplemental Security Income (SSI); or |
| 23 | (b) Be enrolled in a payment plan under s. 28.246 and |
| 24 | shall be charged a one-time administrative processing charge |
| 25 | under s. 28.24(26)(c). A monthly payment amount, calculated |
| 26 | based upon all fees and all anticipated costs, is presumed to |
| 27 | correspond to the person's ability to pay if it does not exceed |
| 28 | 2 percent of the person's annual net income, as defined in |
| 29 | subsection (1), divided by 12. The person may seek review of the |
| 30 | clerk's decisions regarding a payment plan established under s. |
| 31 | 28.246 in the court having jurisdiction over the matter. |
| 32 |
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| 33 | A case may not be impeded in any way, delayed in filing, or |
| 34 | delayed in its progress, including the final hearing and order, |
| 35 | due to nonpayment of any fees by an indigent person. |
| 36 | Section 2. This act shall take effect July 1, 2007. |