| 1 | A bill to be entitled |
| 2 | An act relating to court costs; amending s. 57.082, F.S.; |
| 3 | providing for waiver of certain court services costs for |
| 4 | certain indigent persons; deleting provisions providing |
| 5 | for enrollment in payment plans, payment of certain |
| 6 | processing charges, determinations of monthly payment |
| 7 | amounts, review of payment plan amounts, and case |
| 8 | limitations based upon nonpayment of certain fees; |
| 9 | providing an effective date. |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
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| 13 | Section 1. Subsection (6) of section 57.082, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 57.082 Determination of civil indigent status.-- |
| 16 | (6) WAIVER OF SERVICES COSTS PROCESSING CHARGE; PAYMENT |
| 17 | PLANS.--A person who the clerk or the court determines is |
| 18 | indigent for civil proceedings under this section shall have all |
| 19 | costs for services listed in s. 57.081(1) waived be enrolled in |
| 20 | a payment plan under s. 28.246 and shall be charged a one-time |
| 21 | administrative processing charge under s. 28.24(26)(c). A |
| 22 | monthly payment amount, calculated based upon all fees and all |
| 23 | anticipated costs, is presumed to correspond to the person's |
| 24 | ability to pay if it does not exceed 2 percent of the person's |
| 25 | annual net income, as defined in subsection (1), divided by 12. |
| 26 | The person may seek review of the clerk's decisions regarding a |
| 27 | payment plan established under s. 28.246 in the court having |
| 28 | jurisdiction over the matter. A case may not be impeded in any |
| 29 | way, delayed in filing, or delayed in its progress, including |
| 30 | the final hearing and order, due to nonpayment of any fees by an |
| 31 | indigent person. |
| 32 | Section 2. This act shall take effect July 1, 2008. |