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Serving Flagler, Putnam, St. Johns, and Volusia Counties



Re: Indigent for Costs Determinations

Ref: CR-2017-044-SC

WHEREAS, under certain circumstances, privately retained counsel may seek to have their clients declared indigent for purposes of having state government pay for the provision of certain due process services, and

WHEREAS, it has been determined that the establishment of a standard procedure for the consideration and disposition of these claims is in the best interest of the Seventh Judicial Circuit;

NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby establish the following procedure for the consideration and disposition of “indigent for costs” requests from privately retained counsel:

  1. Counsel seeking to have a client declared “indigent for costs” must file a written motion and obtain hearing time from the presiding judge.  The motion must contain the following information:a. Clarification as to whether the legal services provided by counsel are pro bono, paid by the client, or paid by a third party.

    b. If paid by the client or third party, the amount and justification for said fee.

    c. If claim is based on fee being paid by a third party due to the client’s indigence, proof that the client has completed an Indigency Affidavit and been declared indigent by the Clerk of Court’s office pursuant to § 27.52, Florida Statutes.

    d. If claim is based on insufficiency of client-paid fee to procure due process services, a completed Indigency Affidavit.

    e. Specific due process services to be obtained, justification for said services, and costs for said services.

    f. Certification that copies were provided to the State Attorney, Justice Administrative Commission, and other attorneys/parties of record.

  2. Upon consideration of the motion and argument(s) of counsel, the Court’s resultant order should include:a. A statement that counsel is providing legal services to the defendant and that services are either provided pro bono or are being paid by the defendant or a third party.

    b. Whether or not the defendant is deemed to be “indigent for costs.”

    c. If “indigent,” the type and amount of due process costs approved and a statement requiring counsel to abide by the schedule of costs and fees for due process providers specified annually by the Florida Legislature in the General Appropriations Act when procuring due process services.

    d. If “indigent,” a statement that counsel is required to enter into an appropriate contract with the Justice Administrative Commission and that approved due process costs will be paid by the Justice Administrative Commission.

    e. Certification that copies were provided to defense counsel, State Attorney, Justice Administrative Commission, and other attorneys/parties of record.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 30th day of June 2017.

/s/ Terence R. Perkins
Judge Terence R. Perkins
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties