Senate Bill sb0914

    Florida Senate - 2007                                   SB 914

    By Senator Crist





    12-471-07

  1                      A bill to be entitled

  2         An act relating to waiver of civil court fees

  3         for indigents; amending s. 57.082, F.S.;

  4         providing for an indigent person whose income

  5         is equal to or below a specified threshold to

  6         have court fees waived; providing an effective

  7         date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (5) of section 57.082, Florida

12  Statutes, is amended to read:

13         57.082  Determination of civil indigent status.--

14         (5)  PROCESSING CHARGE; PAYMENT PLANS; WAIVER.--

15         (a)  A person who the clerk or the court determines is

16  indigent for civil proceedings under this section shall:

17         1.  Be enrolled in a payment plan under s. 28.246; or

18         2.  Have all costs waived for court services listed in

19  s. 57.081 if the indigent person's income is equal to or below

20  150 percent of the then-current federal poverty guidelines

21  prescribed for the size of the household of the applicant by

22  the United States Department of Health and Human Services or

23  if the indigent person is receiving Temporary Assistance for

24  Needy Families-Cash Assistance, poverty-related veteran's

25  benefits, or Supplemental Security Income (SSI).

26         (b)  An indigent person enrolled in a payment plan and

27  shall be charged a one-time administrative processing charge

28  under s. 28.24(26)(c). A monthly payment amount, calculated

29  based upon all fees and all anticipated costs, is presumed to

30  correspond to the person's ability to pay if it does not

31  exceed 2 percent of the person's annual net income, as defined

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    Florida Senate - 2007                                   SB 914
    12-471-07




 1  in subsection (1), divided by 12. The person may seek review

 2  of the clerk's decisions regarding a payment plan established

 3  under s. 28.246 in the court having jurisdiction over the

 4  matter. A case may not be impeded in any way, delayed in

 5  filing, or delayed in its progress, including the final

 6  hearing and order, due to nonpayment of any fees by an

 7  indigent person.

 8         Section 2.  This act shall take effect July 1, 2007.

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11                          SENATE SUMMARY

12    Provides for indigents to have civil court fees waived
      based on the federal poverty guidelines or assistance
13    received.

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CODING: Words stricken are deletions; words underlined are additions.