A person seeking relief from paying filing fees and prepayment of costs based upon an inability to pay must apply to the Clerk of the Commission for a determination of civil indigent status.  The Clerk shall determine whether an applicant is indigent based upon the information provided in the application.  An applicant is indigent if the applicant’s income is equal to or below 200% of the then-current federal poverty guidelines prescribed for the size of the household of the applicant by the U.S. Department of Health and Human Services.  There is a presumption that the applicant is not indigent if the applicant owns or has equity in any intangible or tangible personal property or real property having a net equity value of $2,500 or more, excluding the value of the person’s homestead and one vehicle having a net value not exceeding $5,000.

Who May Seek Civil Indigence from the FCHR?

A person seeking an appeal from a final agency action from the Commission, such as a final order or dismissal.  Without a determination of civil indigence, the party filing a notice of appeal with any Florida District Court of Appeal will be responsible for paying the applicable filing fees.    

How To Apply?

Below is the link to download the "Application for Determination of Civil Indigent Status." 

At a minimum, the following financial information must be included in the application:

1.               Net income, consisting of total salary and wages.

2.               Other income, including, but not limited to, social security benefits, union funds, veterans’ benefits, workers’ compensation, other regular support from absent family members, public or private employee pensions, reemployment assistance or unemployment compensation, dividends, interest, rent, trusts, and gifts.

3.               Assets, including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in a boat or a motor vehicle or in other tangible property.

4.               All liabilities and debts.

The application must include the applicant’s signature which attests to the truthfulness of the information provided.

The Clerk of the Commission is available to assist a person who requests assistance in completing the application.

Based upon a review of the application, the Clerk shall make one of the following determinations:

1.     The applicant is not indigent.

2.     The applicant is indigent.

If the Clerk determines that the applicant is indigent, the Clerk shall immediately file the determination in the court record. 

The applicant may seek review of the Clerk’s determination that the applicant is not indigent by signing the determination requesting review by the Chair of the Commission.  In making a final determination of indigent status, the Chair will review the information provided in the application against the criteria prescribed in the statute and by considering the following additional factors:

1.     Whether paying the filing fee creates a substantial hardship for the applicant or the applicant’s family.

2.     Whether the applicant is proceeding pro se or is represented by a private attorney for a fee or on a pro bono basis.

3.     When the applicant retained private counsel.

4.     The amount of any attorney’s fees and who is paying the fees.

5.     Any other relevant financial circumstances of the applicant or the applicant’s family.

Click here to access the Florida Statutes -57.082 Determination of civil indigent status.-