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In re Approval of Amend

Supreme Court of Florida
Mar 19, 2009
5 So. 3d 662 (Fla. 2009)

Opinion

No. SC08-2176.

March 19, 2009.

Judge Thomas H. Bateman, III, Chair, Criminal Procedure Rules Committee, Tallahassee, FL, and John D. Dew, Executive Director, Florida Clerks of Court Operations Corporation, Tallahassee, FL, for Petitioner.


The Florida Clerks of Court Operations Corporation has submitted for the Court's approval a revised Application for Criminal Indigent Status form. We have jurisdiction. Art. V, §§ 2(a), 15, Fla. Const.; R. Regulating Fla. Bar 10-2.1(a).

Sections 27.52 and 57.082, Florida Statutes (2008), require a person seeking to be declared indigent in a criminal or civil proceeding to apply to the clerk of court for determination of indigent status using an application form "developed by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court." § 27.52(1), Fla. Stat. (2008); § 57.082(1), Fla. Stat. (2008). In accordance with these statutes, the Court previously approved an Application for Determination of Civil Indigent Status form and an Application for Criminal Indigent Status form for use by the clerks of court. See In re Approval of Application for Determination of Indigent Status Forms for Use by Clerks, 910 So.2d 194 (Fla. 2005); see also 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 , 969 So.2d 285 (Fla. 2007) (approving revisions to Application for Determination of Civil Indigent Status). The Court also deleted the language of then existing Florida Rule of Criminal Procedure 3.984, Affidavit of Indigent Status, and replaced it with the language of the Application for Criminal Indigent Status. See In re Approval of Application for Determination of Indigent Status Forms, 910 So.2d at 195.

Due to a recent legislative change, the Clerks Corporation has revised the "Notice to Applicant" portion of the Application for Criminal Indigent Status form to reflect an application fee of $50.00, rather than a $40.00. See ch. 2008-111, § 4, Laws of Fla. (amending § 27.52(1)(b), Fla. Stat. (2007)).

We approve the revised form as set forth in the appendix to this opinion. To incorporate the revision to the form, we also amend Florida Rule of Criminal Procedure 3.984, Application for Criminal Indigent Status, by replacing the body of rule 3.984 with the revised form. The amendment shall be effective immediately.

As we did with the original form developed by the Clerks Corporation, we approve the revised form pursuant to rule 10-2.1(a) of the Rules Regulating the Florida Bar, which allows nonlawyers to assist in the completion of legal forms approved by this Court. However, 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 completion of the approved form. See § 27.52(1)(e)(i), Fla. Stat. (2008).

We amend rule 3.984 pursuant to Florida Rule of Judicial Administration 2.140(d).

It is so ordered.

QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.

APPENDIX IN THE CIRCUIT/COUNTY COURT OF THE _____ JUDICIAL CIRCUIT IN AND FOR _____ COUNTY, FLORIDA

STATE OF FLORIDA vs. CASE NO Defendant/Minor Child

__________ ______________________________

APPLICATION FOR CRIMINAL INDIGENT STATUS

___ I AM SEEKING THE APPOINTMENT OF THE PUBLIC DEFENDER

OR

___ I HAVE A PRIVATE ATTORNEY OR AM SELF-REPRESENTED AND SEEK DETERMINATION OF INDIGENCE STATUS FOR COSTS

Notice to Applicant: The provision of a public defender/court appointed lawyer and costs/due process services are not free. A judgment and lien may be imposed against all real or personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee for each application filed.

If the application fee is not paid to the Clerk of the Court within 7 days, it will be added to any costs that may be assessed against you at the conclusion of this case. If you are a parent/guardian making this affidavit on behalf of a minor or tax-dependent adult, the information contained in this application must include your income and assets.

1. I have — dependents. (Do not include children not living at home and do not include a working spouse or yourself.)

2. I have a take home income of $ __________ paid () weekly () bi-weekly () semi-monthly () monthly () yearly

(Take home income equals salary, wages, bonuses, commissions, allowances, overtime, tips and similar payments, minus deductions required by law and other court ordered support payments)

3. I have other income paid () weekly () bi-weekly () semi-monthly () monthly () yearly: (Circle "Yes" and fill in the amount if you have this kind of income, otherwise circle "No".)

Social Security benefit. . . .Yes $ __________ No Child support or other Unemployment regular support from compensation. . . . . . . . . Yes $ __________ No family members/spouse . . . Yes $ __________ No Union Funds. . . . . . . . . .Yes $ __________ No Rental income. . . . . . . .Yes $ __________ No Workers compensation . . . . .Yes $ __________ No Dividends or interest. . . .Yes $ __________ No Retirement/pensions. . . . . .Yes $ __________ No Other kinds of income Trusts or gifts. . . . . . . .Yes $ __________ No not on the list. . . . . . .Yes $ __________ No Veterans' benefit. . . . . . .Yes $ __________ No 4. I have other assets: (Circle "yes" and fill in the value of the property, otherwise circle "No.") Cash. . . . . . . . . . . . . Yes $ __________ No Savings. . . . . . . . . . .Yes $ __________ No Bank account(s). . . . . . . .Yes $ __________ No Stocks/bonds. . . . . . . . Yes $ __________ No Certificates of deposit * Equity in Real estate or money market (excluding homestead). . . .Yes $ __________ No accounts. . . . . . . . . . . Yes $ __________ No * include expectancy of an interest in such * Equity in Motor property vehicles/Boats/Other tangible property. . . . . . .Yes $ __________ No 5. I have a total amount of liabilities and debts in the amount of $ _________.

6. I receive: ( Circle "Yes" or "No.")

Temporary Assistance for Needy Families-Cash Assistance . . . . . . Yes No Poverty-related veterans' benefits. . . . . . . . . . . . . . . . . Yes No Supplemental Security Income (SSI). . . . . . . . . . . . . . . . . Yes No 7. I have been released on bail in the amount of $ _____ Cash ___ Surety ___ Posted by: Self ___ Family ___ Other ___

A person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under s. 27.52, 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 this Application is true and accurate to the best of my knowledge.

Signed this ___ day of _____, 20 ___

__________________________________________ Date of Birth __________ Signature of applicant for indigent status Driver's license or ID number _____ Print full legal name ____________________ Address ____________________ City, State, Zip ____________________ Phone number ____________________

CLERK'S DETERMINATION

___ Based on the information in this Application, I have determined the applicant to be () Indigent () Not Indigent

___ The Public Defender is hereby appointed to the case listed above until relieved by the Court.

Dated this ___ day of _____, 20 ___

__________________________________________ Clerk of the Circuit Court This form was completed with the assistance of __________________________________________ Clerk/Deputy Clerk/Other authorized person APPLICANTS FOUND NOT INDIGENT MAY SEEK REVIEW BY ASKING FOR A HEARING TIME. Sign here if you want the judge to review the clerk's decision of not indigent. _________________________


Summaries of

In re Approval of Amend

Supreme Court of Florida
Mar 19, 2009
5 So. 3d 662 (Fla. 2009)
Case details for

In re Approval of Amend

Case Details

Full title:In re APPROVAL OF APPLICATION FOR DETERMINATION OF INDIGENT STATUS FORM…

Court:Supreme Court of Florida

Date published: Mar 19, 2009

Citations

5 So. 3d 662 (Fla. 2009)

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