IN RE CRIMINAL PROCEDURE, 969 So.2d 285 (Fla. 2007)

In re APPROVAL OF APPLICATION FOR DETERMINATION OF INDIGENT STATUS FORMS FOR USE BY CLERKS AND AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.984. In re Amendments to the Florida Supreme Court Approved Family Law Forms-Determination of Indigence Forms.

Nos. SC05-1103, SC04-2492.Supreme Court of Florida.
October 25, 2007.

H. Scott Fingerhut, Chair, Criminal Procedure Rules Committee, Miami, Florida; Raymond T. McNeal, Chair, Family Law Rules Committee, Ocala, Florida; The Honorable Robert T. Benton, II, Chair, Judicial Administration Rules Committee, First District Court of Appeal, Tallahassee, FL; Robert W. Mason, Chair,

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Juvenile Court Rules Committee, Public Defender’s Office, Fourth Judicial Circuit, Jacksonville, FL; John D. Dew, Executive Director, and Joseph R. Boyd, General Counsel, Florida Clerks of Court Operations Corporation, Tallahassee, FL, for Petitioners.

The Honorable Winifred J. Sharp, Senior Judge, Winderemere, FL; George E. Tragos, Tampa, Florida; Kent R. Spuhler, Florida Legal Services, Inc., Tallahassee, FL; Alan Abramowitz, Daytona Beach, FL; John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, FL; and Keith H. Park, West Palm Beach, FL, Responding with comments.

PER CURIAM.

In 2005, the Court issued an opinion approving two application for indigent status forms developed by the Florida Clerks of Court Operations Corporation (Clerks Corporation): (1) the Application for Determination of Civil Indigent Status and (2) the Application for Criminal Indigent Status. See In re Approval of Application for Determination of Indigent Status Forms, 910 So.2d 194 (Fla. 2005). The forms were developed by the Clerks Corporation and submitted to the Court for “final approval” pursuant to chapter 2005-236, sections 3 and 35, Laws of Florida (now codified as sections 27.52 and 57.082, Florida Statutes (2006), respectively). Because the forms were approved by the Court without first publishing them for comment, the Court allowed interested persons sixty days from the date of the opinion to file comments. Id. at 196.

Comments were received from the Civil Procedure Rules Committee, the Juvenile Court Rules Committee, the Criminal Procedure Rules Committee, the Rules of Judicial Administration Committee, and Florida Legal Services. These comments were forwarded to the Clerks Corporation for consideration. In response to the comments, the Clerks Corporation has submitted a revised Application for Determination of Civil Indigent Status form[1] to the Court for approval.[2]

Upon consideration, the revised Application for Determination of Civil Indigent Status form is hereby approved and authorized for publication as set forth in the appendix to this opinion, fully engrossed. As with the original Application for Determination of Civil Indigent Status form, we approve the revised form pursuant to rule 10-2.1(a) of the Rules Regulating the Florida Bar, which allows nonlawyers to assist individuals in the completion of legal forms approved by this Court; however, we remind users of the form that only clerks of court and third parties with whom the clerk has contracted to perform functions assigned by the clerk are authorized to assist individuals in completing this form. See §57.082(1)(b), Fla. Stat. (2006); see also In re Approval of Application, 910 So.2d at 195 (acknowledging same with regard to both the Application for Determination of Civil Indigent Status form and the Application for Criminal Indigent Status form). By approval of this form, the Court expresses no opinion as to its correctness or applicability. The revised form shall become effective immediately upon release of this opinion. This opinion and the revised form may be accessed and downloaded from this Court’s website at www.floridasupremecourt.org. The revised form may also be accessed and downloaded

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from the Florida State Courts website at www.flcourts.org.

It is so ordered.

LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and It is so ordered. BELL, JJ., concur.

APPENDIX IN THE CIRCUIT/COUNTY COURT OF THE…………. JUDICIAL CIRCUIT IN AND FOR…………. COUNTY, FLORIDA
_______________________________________________ CASE NO.________Plaintiff/Petitioner or In the Interest Ofvs.
_______________________________________________Defendant/Respondent

APPLICATION FOR DETERMINATION OF CIVIL INDIGENT STATUSNotice to Applicant: If you qualify for civil indigence you must enroll in the clerk’s office payment plan and pay a one-time administrative fee of $25.00. This fee shall not be charged for Dependency or Chapter 39 Termination of Parental Rights actions.

1. I have ___ dependents. (Include only those persons you list on your U.S. Income tax return.) Are you Married? . . . Yes . . . No Does your Spouse Work? . . . Yes . . . No Annual Spouse Income? $ ___

2. I have a net income of $ ___ paid () weekly () every two weeks () semi-monthly () monthly () yearly () other ___ (Net income is your total income including salary, wages, bonuses, commissions, allowances, overtime, tips and similar payments, minus deductions required by law and other court-ordered payments such as child support.)

3. I have other income paid () weekly () every two weeks () semi-monthly () monthly () yearly () other ___

(Circle “Yes” and fill in the amount if you have this kind of income, otherwise circle “No”)

Second Job……………….. Yes $ ___ No Veterans’ benefits……………………….. Yes $ ___ No
Social Security benefits…… Workers compensation …………………….. Yes $ ___ No
For you………………… Income from absent family members …………. Yes $ ___ No
For child(ren)………….. Yes $ ___ No Stock/bonds …………………………….. Yes $ ___ No
Unemployment compensation….. Yes $ ___ No Rental income……………………………. Yes $ ___ No
Union payments……………. Yes $ ___ No Dividends or interest…………………….. Yes $ ___ No
Retirement/pensions……….. Yes $ ___ No Other kinds of income not on the list………. Yes $ ___ No
Trusts…………………… Yes $ ___ No Gifts…………………………………… Yes $ ___ No

I understand that I will be required to make payments for fees and costs to the clerk in accordance with § 57.082(5), Florida Statutes, as provided by law, although I may agreeto pay more if I choose to do so.

4. I have other assets: (Circle “yes” and fill in the value of the property, otherwise circle “No”)

Cash…………………….. Yes $ ___ No Savings account……………………….. Yes $ ___ No
Bank account(s)…………… Yes $ ___ No Stocks/bonds………………………….. Yes $ ___ No
Certificates of deposit or
money market accounts……… Yes $ ___ No Homestead Real Property*……………….. Yes $ ___ No
Boats*…………………… Yes $ ___ No Motor Vehicle*………………………… Yes $ ___ No
Non-homestead real property/real estate*…. Yes $ ___ No

* show loans on these assets in paragraph 5

Check one: I () DO () DO NOT expect to receive more assets in the near future. The asset is ___

5. I have total liabilities and debts of $ ___ as follows: Motor Vehicle $ ___, Home $ ___, Other Real Property $ ___, Child Support paid direct $ ___, Medical Bills $ ___, Cost of medicines (monthly) $ ___, Other $ ___.

6. I have a private lawyer in this case ………… Yes No

A person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under s. 57.082, F.S. commits a misdemeanor of the first degree, punishable as provided in s. 775.082, F.S. or s. 775.083, F.S.I attest that the information I have provided on thisapplication is true and accurate to the best of myknowledge.

Signed this ___ day of ___, 20 ___.

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_____________ _____________________________ ___________________________
Date of Birth Driver’s License or ID Number Signature of Applicant for Indigent Status
Print Full Legal Name ___________________
Phone Number: ___________________
_________________________________________________
Address, P O Address, Street, City, State, Zip Code

CLERK’S DETERMINATION

Based on the information in this Application, I have determined
the applicant to be () Indigent () Not
Indigent, according to s. 57.082*, F.S.
Dated this __ day of _____, 20 ___. Clerk of the Circuit Court by ______
This form was completed with the assistance of:. ______________________________________

Clerk/Deputy Clerk/Other authorized person.

APPLICANTS FOUND NOT TO BE INDIGENT MAY SEEK REVIEW BY AJUDGE BY ASKING FOR A HEARING TIME.

THERE IS NO FEE FOR THIS REVIEW.

Sign here if you want the judge to review the clerk’s decision ___________