ANNIE B. SMITH, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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An indigent appellant sought a waiver of transcript costs for her administrative appeal from a food stamp program disqualification. The court denied the motion to compel free transcripts but certified the question to the Florida Supreme Court as one of great public importance, addressing whether indigent appellants in noncriminal administrative appeals are entitled to free transcripts under Florida law.
The court held that indigent appellants in administrative appeals are not automatically entitled to free transcripts under existing law, as transcript preparation costs are not explicitly made a clerk function by statute or rule. The court adhered to prior precedent distinguishing between waivable clerk fees and non-waivable court reporter fees, but certified the narrower question to the Florida Supreme Court as one of great public importance.
[1] Indigent persons declared so pursuant to section 57.081, Florida Statutes, are entitled to receive the services of the courts, sheriffs, and clerks with respect to procee…
[2] The waiver of fees for indigent persons under section 57.081, Florida Statutes, extends to clerks' fees but not to the costs of transcripts prepared by court reporters.
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Join FLexlaw to unlock all legal intelligence“Those declared indigent in civil cases are entitled, pursuant to section 57.081, to "receive the services of the courts, sheriffs and clerks, with respect to such proceedings, without charge."”
Establishes the baseline statutory protection for indigent litigants regarding court services
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Join FLexlaw to unlock all legal intelligenceAnnie B. Smith was disqualified from the food stamp program following an administrative proceeding. She was declared indigent pursuant to section 57.0…
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PER CURIAM.
This is an appeal resulting from an administrative disqualification of appellant from the food stamp program. Appellant was declared indigent pursuant to section 57.081, Florida Statutes. She thereafter sought a waiver of the costs for preparing the transcript for her appeal. The waiver was denied, and this motion to compel was filed here.
Those declared indigent in civil cases are entitled, pursuant to section 57.081, to “receive the services of the courts, sheriffs and clerks, with respect to such proceedings, without charge.” Accordingly, it has been held that the filing fee and any other fees-of the court clerk are waived but not the costs of transcripts because they are part of a court reporter’s fee not mentioned in the statute. See Bower v. Connecticut General Life Insurance Company, 347 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 contended that revision of section 57.081, subsequent to Bower and Harrell, supra, now compels a different result than in those cases. The two changes specified were changes in wording which made it clear that the statute provided for waiver of clerks’ fees on appeal as well as at trial and applied to all clerks, not just the clerks in the county in which the indigent resides. These changes do not affect the rationale of Bower that clerk’s fees but not court reporter’s fees are waived. In fact, Bower assumed that section 57.081 applied to appeals even as then worded.
Movant’s second argument has more merit. It is contended that in an administrative appeal the clerk not only prepares the record on appeal but also routinely prepares the transcript. We see nothing in section 120.57(l)(b), Florida Statutes (1986), which requires the clerk to prepare the transcript. Rather, that statute requires the agency to preserve testimony and make it available at no more than actual cost. Likewise, Rule 10-2.71 of the Florida Administrative Code merely provides for an initial fee for the transcript to be prepared. The question devolves into whether we should interpret the above statute and rule, together with the alleged actual practice of the agency clerks, so as to make preparation of transcripts a clerk’s function in administrative appeals and, thus, provide a transcript without cost in the case of any indigent appellant. The wording of the statute and rule as noted does not explicitly make this a clerk’s function.
Moreover, we are not inclined to interpret the statute and rule in such a broad sense. There appears to be no compelling reason to allow more complete state (or county) subsidizing of civil cases in indigents’ administrative appeals than in appeals from trial courts.
Thus, we adhere to the result in Harris and Harrell.
However, we choose to certify a more narrow question than did the court in Harris. We certify the following issue to the Florida Supreme Court as one of great public importance:
DOES SECTION 57.081, FLA.STAT., AUTHORIZE OR REQUIRE THAT INDIGENT APPELLANTS IN NONCRIMINAL ADMINISTRATIVE APPEALS BE PROVIDED WITH TRANSCRIPTS AT NO COST TO THEM?
FRANK, A.C.J., and HALL and SANDERLIN, JJ., concur.
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Rica Gretz v. Fla. Unemployment Appeals Comm'n, 572 So. 2d 1384 (Fla. 1991)…arty, it shall make a full or partial transcript available at no more than actual cost.” The commission cites Roberts v. Unemployment Appeals Commission, 512 So. 2d 212 (Fla. 3d DCA 1987), and Smith v. Department of Health & Rehabilitative Services, 504 So. 2d 801 (Fla. 2d DCA 1987), quashed, 573 So. 2d 320 (Fla.1991), for the proposition that section 120.-57(l)(b) only requires that the agency preserve “testimony” and make it available at no more than actual cost. However, such an interpretation ignores the…
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Smith v. Dep't OF Health & Rehabilitative Servs., 573 So. 2d 320 (Fla. 1991)…ncurs in result only. McDONALD, J., concurs in part and dissents in part with an opinion. EHRLICH, J., concurs in part and dissents in part with an opinion, 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 determinat…
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Cromwell Roberts v. Unemployment Appeals Comm'n, 512 So. 2d 212 (Fla. 3d DCA 1987)…ative hearings without charge. We believe that there is no statute or rule provision which obliges the Commission to prepare the transcripts in question, see § 120.57(l)(b)6, Fla.Stat. (1983); Smith v. Department of Health & Rehabilitative Services, 504 So. 2d 801 (Fla.2d DCA 1987), and thus no requirement that they be furnished without cost under section 443.-041(2)(a), Florida Statutes (1983), as the appellants claim. Banfield v. United States Sugar Corp., 506 So. 2d 461 (Fla. 4th DCA 1987); see Harris v. D…
Previewing 3 of 5 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)
- Harris v. Dep't OF Corr., 486 So. 2d 27 (Fla. 1st DCA 1986)