Yes. Section 35.22, Florida Statutes (opens in a new window) requires the clerk of the district court of appeal collect a filing fee of $300 from an appellant.

The filing fee is submitted to the clerk of the district court of appeal.

The filing fee is due along with the notice of appeal filed with the district court of appeal.

You may avoid the fee if you obtain a certificate of indigency. Rule of Appellate Procedure 9.430(a) provides for waiver upon issuance of a certificate of indigency by the clerk of the lower tribunal (DCF Agency Clerk or Office of Appeal Hearings).

Section 57.082(2)(a), Florida Statutes (opens in a new window) provides income standards based on 200% of federal poverty guidelines.

An application for determination of indigent status is filed with the DCF Agency Clerk.

The application for determination of indigent status is due to be filed with the DCF Agency Clerk at the same time as the notice of appeal.

No. The deadline to file a notice of appeal is set by law and the time it takes to obtain a certification of indigency does not affect that deadline.

ach district court of appeal has its own policies, so you will need to contact that court’s clerk to find out how the court will address the issue in your case. Often, the court will issue an order or notice providing time to pay the fee or provide a certificate of indigency.

Each district court of appeal has its own policies, so you will need to contact that court’s clerk to find out how the court will address the issue in your case. You can file a request for additional time with the court. However, it will be up to the court to decide whether to provide additional time.

Yes.  Rule of Appellate Procedure 9.430(a) requires an appellant to file a signed application for determination of indigent status with the DCF Agency Clerk using an application form approved by the Supreme Court.  That form requires the appellant provide information on dependents, income, expenses, assets and liabilities.

Both forms include a certification page for the clerk to sign. If the DCF Agency Clerk decides that the appellant meets the standard for indigency, that certification will be provided by the DCF Clerk’s Office to the clerk of the district court of appeal where the appeal is pending. If the DCF Agency Clerk decides that you do not meet the standard for indigency, you will be provided a written statement of reasons for denying the application.

You can request a DCF review of the Clerk’s decision. You will need to file that request in writing with the DCF Agency Clerk. DCF will then rule on the request.

You can file a motion with the district court of appeal for a review of the DCF decision.

Each district court of appeal has its own policies for providing time for compliance, but the court may ultimately dismiss your appeal if you don’t pay the filing fee. You will need to contact that court’s clerk to find out how the court will address the issue in your case.