KEITH RICHARD HARRIS, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Keith Harris, an indigent prisoner, appealed an administrative order denying his rule challenge petition and requested a free transcript. The First District Court of Appeal denied the request, holding that section 57.081 does not require state agencies to provide transcripts at no cost to indigent appellants in noncriminal appeals, and certified the issue to the Florida Supreme Court as a question of great public importance.
The court denied Harris's request for a free transcript, holding that although section 57.081 permits indigents to proceed without payment of costs, it does not require state agencies to provide transcripts free of charge in administrative appeals. The court applied the rationale from Harrell v. Department of Health and Rehabilitative Services and certified the issue to the Florida Supreme Court.
[1] Indigent persons are entitled to services of courts, sheriffs, and clerks without charge in judicial or administrative proceedings.
[2] Statutory provisions allowing indigents to proceed without payment of costs do not necessarily extend to the provision of transcripts at no cost in non-criminal appeals.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Any indigent person who is a party or intervenor in any judicial or administrative proceeding or who initiates such a proceeding shall receive the services of the courts, sheriffs and clerks, with respect to such proceedings, without charge.”
The current language of section 57.081 after the 1980 amendment, which the court interpreted not to extend to transcription costs.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHarris was a prisoner in the Department of Corrections who appealed an order entered after a formal administrative hearing under section 120.57, Flori…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Question Of Great Public Interest cases and more on FLexlaw
PER CURIAM.
Appellant, a prisoner in the Department of Corrections, appeals an order entered after a formal section 120.57, Fla.Stat. hearing, denying his rule challenge petition. He has been certified as an indigent for purposes of appeal and has requested this court to order the department or the Division of Administrative Hearings to furnish him with a copy of the transcript of the proceedings at no cost to him. We deny the request.
Since 1980 section 57.081, Fla.Stat. (1980), the statute allowing indigents to proceed without payment of costs, has provided in pertinent part:
Any indigent person who is a party or intervenor in any judicial or administrative proceeding or who initiates such a proceeding shall receive the services of the courts, sheriffs and clerks, with respect to such proceedings, without charge.
Previously, the statute provided:
Insolvent and poverty stricken persons having actionable claims or demands shall receive the services of the courts, sheriffs and the clerks of the county in which they reside without charge.
Prior to 1980, there was conflict among the district courts as to whether the statute applied to noncriminal appeals; two cases held that it did apply but not to the extent of authorizing the waiver of transcription costs. See Harrell v. Department of Health and Rehabilitative Services, 361 So. 2d 715 (Fla. 4th DCA 1978); Bower v. Connecticut General Life Insurance Co., 347 So. 2d 439 (Fla. 3rd DCA 1977).
Harrell was an administrative appeal in which the Fourth District held that although section 57.081 permitted indigents to proceed without payment of costs, Chapter 120 did not require state agencies to provide transcripts free of charge. Although there has been no case law on this issue since the statute was amended in 1980, the rationale of Harrell remains persuasive. Therefore, appellant’s motion to direct the Division of Administrative Hearings to supply him a transcript without charge is denied. Because our ruling herein renders the transcript unavailable, appellant must comply with Fla.R.App.P. 9.200(b)(3) if he desires to continue his appeal. Failure to promptly, proceed in accordance with the rule may result in dismissal of this appeal for failure to prosecute.
Because of a lack of precedent construing the 1980 amendment to section 57.081, we certify the following to the Florida Supreme Court as a question of great public importance:
DOES SECTION 57.081, FLA.STAT. AUTHORIZE OR REQUIRE THAT INDIGENT APPELLANTS IN NONCRIMINAL APPEALS BE PROVIDED WITH TRANSCRIPTS AT NO COST TO THEM?
THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. Dep't OF Health & Rehabilitative Servs., 573 So. 2d 320 (Fla. 1991)…ion, in which BARKETT and KOGAN, JJ., concur. . Smith v. Department of Health & Rehab. Servs., 504 So. 2d 801 (Fla. 2d DCA 1987); Kelly v. Department of Health & Rehab. Servs., 502 So. 2d 42 (Fla. 1st DCA 1987); Harris v. Department of Corrections, 486 So. 2d 27 (Fla. 1st DCA 1986). . Several of the petitioners seek review of a hearing officer’s determination of an intentional food-stamp violation; one of them complains of the rejection of a claim for retroactive medical assistance; another attacks the red…
-
Curran v. Fla. Prob. & Parole Comm'n, 498 So. 2d 629 (Fla. 1st DCA 1986)…PER CURIAM. The denial of appellant’s petition for writ of mandamus is affirmed. However, as in Harris v. State, 486 So. 2d 27 (Fla. 1st DCA 1986), we certify the following as being a question of great public importance: DOES SECTION 57.081 FLA.STAT. AUTHORIZE OR REQUIRE THAT INDIGENT APPELLANTS IN NONCRIMINAL APPEALS BE PROVIDED WITH TRANSCRIPTS AT NO COST TO THEM? ERVI…
-
Smith v. Dep't of Health & Rehabilitative Servs., 504 So. 2d 801 (Fla. 2d DCA 1987)…47 So. 2d 439 (Fla. 3d DCA 1977). Subsequent to Bower, two district courts of appeal have applied the Bower rationale to administrative appeals and thus have refused to compel free transcripts in those cases. See Harris v. Department of Corrections, 486 So. 2d 27 (Fla. 1st DCA 1986), and Harrell v. State of Florida, Department of Health and Rehabilitative Services, 361 So. 2d 715 (Fla. 4th DCA 1978). In contending that a free transcript is required the appellant asserts two main arguments. First, it is con…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Harrell v. State, 361 So. 2d 715 (Fla. 4th DCA 1978)
- Bower v. Conn. Gen. Life Ins. Co. & Asta Membership Grp. Plan, 347 So. 2d 439 (Fla. 3d DCA 1977)