OTIS FRANKLIN WILLIAMS, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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PER CURIAM.
Appellant challenges an order dismissing his petition for writ of mandamus which among other things sought review of a disciplinary action resulting in loss of gain time. The circuit court dismissed appellant’s action for failure to comply with section 58.085(2), Florida Statutes, the Prisoner Indigency Statute, regarding waiver of prepayment of court costs and fees for indigent prisoners. After the trial court issued its order, the supreme court in Schmidt v. Crusoe, 28 Fla. L. Weekly S367, — So. 2d —, 2003 WL 1987971 (Fla. May 1, 2003), motion for reh’g filed, No. SC00-2512 (Fla. May 21, 2003), held that a prisoner who challenges loss of gain time as a result of a disciplinary action (a collateral criminal proceeding) is exempt from the requirements of the Prisoner In-digency Statute and is instead subject to the requirements of section 57.081(a), Florida Statutes (2001).
We, therefore, reverse and remand for the trial court to conduct further proceedings consistent with the dictates of Schmidt.
WOLF, C.J., ERVIN and BENTON, JJ., concur.
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Citator
Cited By
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Hughes v. Weiss, 870 So. 2d 87 (Fla. 2d DCA 2003)…hes desires to proceed in forma pauperis, he must prove his inability to pay by filing an affidavit with the information required according to that section. See Schmidt, 28 Fla. L. Weekly at S369 n. 7, — So. 2d at -n. 7; Williams v. Dep’t. of Corr., 851 So. 2d 229 (Fla. 1st DCA 2003). Hughes is entitled to have the clerk process his filing as prescribed by Schmidt. Because this is a ministerial task, mandamus is appropriate. [*89] Accordingly, we grant Hughes’ petition and issue the writ of mandamus. NORTHC…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)