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A bill to be entitled

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An act relating to court fees and penalties; amending s.

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57.082, F.S.; providing for an indigent person whose

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income is equal to or below a specified threshold to have

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court fees waived; amending s. 57.085, F.S.; revising

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requirements regarding the deferral of prepayment of court

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costs and fees for indigent prisoners to include indigent

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persons being held in custody pending trial; amending s.

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318.18, F.S.; providing an exception from provisions

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prohibiting a county from imposing certain surcharges

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concurrently; providing an effective date.

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

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     Section 1.  Subsection (6) of section 57.082, Florida

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Statutes, is amended to read:

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     57.082  Determination of civil indigent status.--

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     (6) PROCESSING CHARGE; PAYMENT PLANS; WAIVER.--

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

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indigent for civil proceedings under this section shall:

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

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

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57.081 if the indigent person's income is equal to or below 150

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percent of the then-current federal poverty guidelines prescribed

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for the size of the household of the applicant by the United

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States Department of Health and Human Services or if the indigent

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person is receiving Temporary Assistance for Needy Families-Cash

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Assistance, poverty-related veteran's benefits, or Supplemental

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Security Income (SSI).

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

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be charged a one-time administrative processing charge under s.

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28.24(26)(c). A monthly payment amount, calculated based upon all

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fees and all anticipated costs, is presumed to correspond to the

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person's ability to pay if it does not exceed 2 percent of the

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person's annual net income, as defined in subsection (1), divided

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by 12. The person may seek review of the clerk's decisions

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regarding a payment plan established under s. 28.246 in the court

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having jurisdiction over the matter. A case may not be impeded in

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any way, delayed in filing, or delayed in its progress, including

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

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indigent person.

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     Section 2.  Section 57.085, Florida Statutes, is amended to

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read:

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     57.085  Deferral of prepayment of court costs and fees for

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indigent prisoners and indigent persons in custody pending

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trial.--

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     (1)  For the purposes of this section, the term "prisoner"

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means a person who has been convicted of a crime and is

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incarcerated for that crime or who is being held in custody

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pending extradition or sentencing.

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     (2)  When a prisoner who is intervening in or initiating a

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judicial proceeding seeks to defer the prepayment of court costs

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and fees because of indigence, the prisoner must file an

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affidavit of indigence with the appropriate clerk of the court.

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The affidavit must contain complete information about the

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prisoner's identity; the nature and amount of the prisoner's

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income; all real property owned by the prisoner; all tangible and

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intangible property worth more than $100 which is owned by the

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prisoner; the amount of cash held by the prisoner; the balance of

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any checking, savings, or money market account held by the

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prisoner; the prisoner's dependents, including their names and

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ages; the prisoner's debts, including the name of each creditor

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and the amount owed to each creditor; and the prisoner's monthly

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expenses. The prisoner must certify in the affidavit whether the

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prisoner has been adjudicated indigent under this section,

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certified indigent under s. 57.081, or authorized to proceed as

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an indigent under 28 U.S.C. s. 1915 by a federal court. The

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prisoner must attach to the affidavit a photocopy of the

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prisoner's trust account records for the preceding 6 months or

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for the length of the prisoner's incarceration, whichever period

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is shorter. The affidavit must contain the following statements:

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"I am presently unable to pay court costs and fees. Under penalty

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of perjury, I swear or affirm that all statements in this

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affidavit are true and complete."

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     (3)  Before a prisoner may receive a deferral of prepayment

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of any court costs and fees for an action brought under this

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section, the clerk of court must review the affidavit and

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determine the prisoner to be indigent.

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     (4)  When the clerk has found the prisoner to be indigent

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but concludes the prisoner is able to pay part of the court costs

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and fees required by law, the court shall order the prisoner to

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make, prior to service of process, an initial partial payment of

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those court costs and fees. The initial partial payment must

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total at least 20 percent of the average monthly balance of the

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prisoner's trust account for the preceding 6 months or for the

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length of the prisoner's incarceration, whichever period is

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shorter.

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     (5)  When the clerk has found the prisoner to be indigent,

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the court shall order the prisoner to make monthly payments of no

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less than 20 percent of the balance of the prisoner's trust

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account as payment of court costs and fees. When a court orders

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such payment, the Department of Corrections or the local

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detention facility shall place a lien on the inmate's trust

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account for the full amount of the court costs and fees, and

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shall withdraw money maintained in that trust account and forward

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the money, when the balance exceeds $10, to the appropriate clerk

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of the court until the prisoner's court costs and fees are paid

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in full.

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     (6) Before an indigent prisoner or indigent person who is

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being held in custody pending trial may intervene in or initiate

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any judicial proceeding, the court must review the prisoner's

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claim or the claim of the indigent person who is being held in

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custody pending trial to determine whether it is legally

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sufficient to state a cause of action for which the court has

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jurisdiction and may grant relief.  The court shall dismiss all

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or part of an indigent prisoner's claim or the claim of an

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indigent person who is being held in custody pending trial which:

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     (a)  Fails to state a claim for which relief may be granted;

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     (b)  Seeks monetary relief from a defendant who is immune

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from such relief;

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     (c)  Seeks relief for mental or emotional injury where there

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has been no related allegation of a physical injury; or

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     (d)  Is frivolous, malicious, or reasonably appears to be

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intended to harass one or more named defendants.

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     (7)  A prisoner who has twice in the preceding 3 years been

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adjudicated indigent under this section, certified indigent under

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s. 57.081, or authorized to proceed as an indigent under 28

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U.S.C. s. 1915 by a federal court may not be adjudicated indigent

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to pursue a new suit, action, claim, proceeding, or appeal

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without first obtaining leave of court.  In a request for leave

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of court, the prisoner must provide a complete listing of each

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suit, action, claim, proceeding, or appeal brought by the

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prisoner or intervened in by the prisoner in any court or other

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adjudicatory forum in the preceding 5 years.  The prisoner must

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attach to a request for leave of court a copy of each complaint,

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petition, or other document purporting to commence a lawsuit and

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a record of disposition of the proceeding.

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     (8)  In any judicial proceeding in which a certificate of

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indigence has been issued to a prisoner, the court may at any

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time dismiss the prisoner's action, in whole or in part, upon a

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finding that:

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     (a)  The prisoner's claim of indigence is false or

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misleading;

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     (b)  The prisoner provided false or misleading information

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regarding another judicial or administrative proceeding in which

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the prisoner was a party;

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     (c)  The prisoner failed to pay court costs and fees under

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this section despite having the ability to pay; or

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     (d)  The prisoner's action or a portion of the action is

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frivolous or malicious.

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     (9)  In determining whether an action is frivolous or

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malicious, the court may consider whether:

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     (a)  The prisoner's claim has no arguable basis in law or

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fact;

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     (b)  The prisoner's claim reasonably appears intended solely

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to harass a party filed against;

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     (c)  The prisoner's claim is substantially similar to a

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previous claim in that it involves the same parties or arises

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from the same operative facts as a previous claim;

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     (d)  The prisoner's claim has little likelihood of success

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on its merits; or

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     (e)  The allegations of fact in the prisoner's claim are

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fanciful or not credible.

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     (10)  This section does not apply to a criminal proceeding

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or a collateral criminal proceeding.

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     Section 3.  Subsection (13) of section 318.18, Florida

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Statutes, is amended to read:

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     318.18  Amount of penalties.--The penalties required for a

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noncriminal disposition pursuant to s. 318.14 or a criminal

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offense listed in s. 318.17 are as follows:

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     (13)  In addition to any penalties imposed for noncriminal

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traffic infractions pursuant to this chapter or imposed for

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criminal violations listed in s. 318.17, a board of county

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commissioners or any unit of local government which is

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consolidated as provided by s. 9, Art. VIII of the State

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Constitution of 1885, as preserved by s. 6(e), Art. VIII of the

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Constitution of 1968:

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     (a)  May impose by ordinance a surcharge of up to $15 for

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any infraction or violation to fund state court facilities. The

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court may shall not waive this surcharge. Up to 25 percent of the

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revenue from such surcharge may be used to support local law

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libraries provided that the county or unit of local government

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provides a level of service equal to that provided prior to July

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1, 2004, which shall include the continuation of library

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facilities located in or near the county courthouse or annexes.

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     (b)  That imposed increased fees or service charges by

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ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the

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purpose of securing payment of the principal and interest on

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bonds issued by the county before July 1, 2003, to finance state

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court facilities, may impose by ordinance a surcharge for any

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infraction or violation for the exclusive purpose of securing

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payment of the principal and interest on bonds issued by the

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county before July 1, 2003, to fund state court facilities until

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the date of stated maturity. The court may shall not waive this

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surcharge. Such surcharge may not exceed an amount per violation

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calculated as the quotient of the maximum annual payment of the

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principal and interest on the bonds as of July 1, 2003, divided

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by the number of traffic citations for county fiscal year 2002-

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2003 certified as paid by the clerk of the court of the county.

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Such quotient shall be rounded up to the next highest dollar

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amount. The bonds may be refunded only if savings will be

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realized on payments of debt service and the refunding bonds are

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scheduled to mature on the same date or before the bonds being

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refunded. Notwithstanding any of the foregoing provisions of this

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paragraph which that limit the use of surcharge revenues, if the

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revenues generated as a result of the adoption of this ordinance

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exceed the debt service on the bonds, the surplus revenues may be

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used to pay down the debt service on the bonds; fund other state-

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court-facility construction projects as may be certified by the

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chief judge as necessary to address unexpected growth in

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caseloads, emergency requirements to accommodate public access,

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threats to the safety of the public, judges, staff, and

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litigants, or other exigent circumstances; or support local law

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libraries in or near the county courthouse or annexes.

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A county may not impose both of the surcharges authorized under

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paragraphs (a) and (b) concurrently unless the chief judge

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certifies the need for additional state court facilities due to

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unexpected growth in caseloads; emergency requirements to

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accommodate public access; threats to the safety of the public,

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judges, staff, or litigants; or other exigent circumstances. The

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clerk of court shall report, no later than 30 days after the end

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of the quarter, the amount of funds collected under this

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subsection during each quarter of the fiscal year. The clerk

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shall submit the report, in a format developed by the Office of

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State Courts Administrator, to the chief judge of the circuit,

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the Governor, the President of the Senate, and the Speaker of the

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House of Representatives.

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     Section 4.  This act shall take effect July 1, 2008.