Florida Affidavit of Indigent Status: Filing and Clerk Review

The Florida affidavit of indigent status — officially the Application for Determination of Civil Indigent Status — is the form you file to ask the court to waive filing fees and other prepaid costs when you cannot afford them. Download it free from the Florida Courts website or pick one up at any Clerk of the Circuit Court office, then file it with the clerk in the county where your case is pending.¹ The clerk checks your income and assets against the limits in Florida Statutes Section 57.082 and enters a finding of indigent or not indigent.

Do You Qualify

Section 57.082 sets two financial tests. Your household net income must be at or below 200 percent of the current federal poverty guidelines, and your countable assets must not exceed $2,500 in net equity.² Net income is total earnings minus deductions required by law and any court-ordered payments such as child support.

For 2026, the 200-percent income thresholds for Florida households are:³

1 person: $31,920
2 persons: $43,280
3 persons: $54,640
4 persons: $66,000
Each additional person: add $11,360

On the asset side, your homestead is excluded entirely and the first $5,000 of equity in one vehicle does not count. Everything else — savings, stocks and bonds, a second vehicle, a boat, non-homestead real estate — counts toward the $2,500 cap. Cross that line and the clerk presumes you are not indigent even if your income qualifies.²

One boundary worth naming: this civil form does not appoint you a public defender in a criminal case. Criminal indigency runs on a separate application under Section 27.52.⁴

Filling Out the Form

The application has six parts. Work through them in order, and circle “No” wherever a category does not apply rather than leaving it blank; blanks slow the clerk’s review.¹

Personal Information

Enter your full legal name, current address, phone, email, year of birth, and the last four digits of your driver license or state ID. The form does not ask for a Social Security number. You also list the number of dependents you claim on your tax return, your marital status, whether your spouse works, and your spouse’s annual income if applicable.

Net Income

Report your net income and how often you receive it — weekly, biweekly, semi-monthly, monthly, or yearly. This is total pay from salary, wages, bonuses, commissions, and tips, minus legally required deductions and court-ordered payments like child support. Pull the number from a recent pay stub rather than estimating.

Other Income

The form lists 16 categories of non-wage income. For each, circle “Yes” and fill in the amount, or circle “No.” Categories include Social Security benefits (yours and your children’s are listed separately), unemployment compensation, veterans’ benefits, workers’ compensation, rental income, dividends and interest, stock and bond income, gifts, and support from absent family members. Anything regular that is not on the list goes under “Other kinds of income.”

Assets

List the current value of cash on hand, bank accounts, savings, certificates of deposit, stocks and bonds, boats, motor vehicles, homestead real property, non-homestead real property, and anything else of value. The clerk uses these to compute your net equity against the $2,500 test. Your homestead and up to $5,000 of equity in one vehicle are excluded from that calculation.

Liabilities and Debts

Enter your total liabilities and then itemize: amounts owed on a vehicle, home, boat, or non-homestead property; direct child support; credit cards; medical bills; monthly medication costs; and other debts. Debt levels do not by themselves qualify you, but they give the clerk context.

Private Counsel and Signature

Say whether you already have a private attorney in the case, then sign and date. You sign under penalty of perjury. Providing false information is a first-degree misdemeanor punishable by up to one year in jail or a fine of up to $1,000.¹

Filing It with the Clerk

File the completed application with the Clerk of the Circuit Court in the county where your case is pending. You can submit through the Florida Courts E-Filing Portal or in person at the clerk’s public counter.⁵ If you are opening a new civil case and need the fee waiver from the start, file the application together with your initial pleading.

If you are asking for a court-appointed attorney in a dependency or parental-rights proceeding under Chapter 39, a separate $50 application fee applies and is due within seven days of filing. If you cannot pay it, the clerk will put you on a payment plan.²

After the Clerk Decides

The clerk enters one of two findings: indigent or not indigent. There is no partial category. If you are found indigent, the determination goes into your case record and your case proceeds without prepayment of filing fees and costs under Section 57.081.²

The waiver covers court filing fees and prepaid costs handled by the clerk. It does not cover private attorney fees, private process servers, court reporter transcripts, or fines and penalties later ordered by the court. Plan separately for those if your case will involve depositions or expert witnesses.

Payment Plans

Even after an indigent finding, you are enrolled in a payment plan under Section 28.246 and charged a one-time administrative processing fee. Your monthly payment cannot exceed 2 percent of your annual net income divided by 12. Fees fully waived under Section 57.081 are not included in that calculation, and your case cannot be delayed at any stage, including the final hearing, because of nonpayment.²

If the Clerk Denies You

You can ask a judge to review the clerk’s decision by filing a petition for review in the court that has jurisdiction over your case. There is no fee for the review.¹ A judge can weigh circumstances the clerk’s formula does not capture, such as unusual medical expenses or recent job loss. If the judge finds you unable to pay, an order is entered overriding the clerk. The statute sets no deadline for requesting review, so file the petition promptly rather than assuming you have open-ended time.²

1
Florida Courts. Application for Determination of Civil Indigent Status
2
The Florida Legislature. Florida Code 57.082 – Determination of Civil Indigent Status
3
HHS ASPE. 2026 Poverty Guidelines
4
The Florida Legislature. Florida Code 27.52 – Determination of Indigent Status
5
Florida Courts. Filing Your Forms