To get your court fees waived in Florida, file an Application for Determination of Civil Indigent Status with your local Clerk of Court. If your household income is at or below 200 percent of the federal poverty level and your non-exempt assets are under $2,500, the clerk must presume you are indigent and issue an order allowing your case to proceed without paying court costs upfront. If your numbers do not fit those thresholds, a judge can still declare you indigent based on hardship.
Who Qualifies as Indigent
Florida Statute 57.082 sets two ways to qualify. The first is income. Under the 2026 federal poverty guidelines, 200 percent of the poverty level is $31,920 for a single person and $66,000 for a family of four, with roughly $11,360 added for each additional household member.1HHS ASPE. 2026 Poverty Guidelines: 48 Contiguous States If your household income is at or below that line, the clerk presumes you are indigent.
Assets can override the income test. If you own property or financial assets with a combined net equity of $2,500 or more, the clerk presumes you are not indigent. Two things are excluded from that count: your primary home and one vehicle worth $5,000 or less.2Florida Senate. Florida Code 57.082 – Determination of Civil Indigent Status So $3,000 in savings can disqualify you even if your income is well below the threshold.
The second path is judicial review. If the numbers do not fit the presumptions, a judge can still find you indigent after considering whether paying court fees would create a substantial hardship for you or your family.2Florida Senate. Florida Code 57.082 – Determination of Civil Indigent Status
What the Waiver Covers
Once you are declared indigent, Florida Statute 57.081 lets you receive court, clerk, and sheriff services without prepayment. Covered costs include:3Florida Senate. Florida Code 57.081 – Proceedings in Forma Pauperis
- Filing fees, which in Florida county courts range from $50 for claims under $100 to $395 for claims over $15,000
- Sheriff’s fees for service of process
- Certified copies of orders and final judgments, plus one photocopy of any document filed with the clerk
- Court-ordered mediation
- Subpoena fees
- Examining fees, service charges for collecting and disbursing funds, and other litigation costs from the pending case
The waiver removes the requirement to pay upfront. It does not erase the debt: you are still enrolled in a payment plan.
How to Apply
Get the Application for Determination of Civil Indigent Status from your local Clerk of Court’s office or website, and file it along with your initial case documents. The form asks for four categories of information.
Income. Your net income is total salary and wages minus legally required deductions such as taxes and court-ordered support. You also list Social Security, veterans’ benefits, workers’ compensation, pensions, unemployment, dividends, interest, rent, trust distributions, and gifts.
Assets. Cash, savings and bank accounts, stocks, bonds, certificates of deposit, real estate equity, and equity in vehicles or boats. Remember the homestead exclusion and the one-vehicle exclusion for a car worth $5,000 or less.
Dependents. The number of people in your household who depend on you for support. Children who do not live at home and a working spouse are not counted.
Debts. All liabilities.
Be accurate. Knowingly providing false information on the application is a first-degree misdemeanor, punishable by up to one year in jail or a fine of up to $1,000.2Florida Senate. Florida Code 57.082 – Determination of Civil Indigent Status4Florida Senate. Florida Code 775.082 – Sentences; Mandatory Minimum Sentences
The clerk’s review is ministerial. That means the clerk applies the statutory numbers to the numbers on your form. No interview, no discretion, no room to explain context. If you meet the thresholds, the clerk issues an Order Determining Civil Indigent Status and your case moves forward without upfront fees. Keep a copy.
If the Clerk Denies You
A denial is not final. You can petition the court to review the clerk’s decision, and there is no filing fee for the petition.2Florida Senate. Florida Code 57.082 – Determination of Civil Indigent Status At the hearing, a judge can weigh factors the clerk could not, especially whether paying the fees would be a substantial hardship. Bring evidence of expenses or circumstances the form does not capture well — medical debt, dependents outside the household you help support, recent job loss. The judge’s determination is final.
If the judge also finds you are not indigent, or if you skip the review, you owe the fees. The court will set an amount and a deadline.
Payment Plans Still Apply
Being declared indigent does not mean the fees vanish. Under Florida Statute 28.246, an indigent filer is enrolled in a payment plan and pays over time.5Florida Senate. Florida Code 28.246 – Payment of Court-Related Fees, Service Charges, Court Costs, and Fines
A monthly payment is presumed reasonable if it does not exceed the greater of $25 or 2 percent of your annual net income divided by 12. A down payment can be required, capped at the lesser of 10 percent of the total owed or $100. The clerk also charges a one-time administrative fee to set up the plan.5Florida Senate. Florida Code 28.246 – Payment of Court-Related Fees, Service Charges, Court Costs, and Fines
People denied indigent status can enroll in a payment plan on the same terms. That keeps the case moving while you pay in installments.
Losing Indigent Status After Approval
Approval can be revisited. If the court later finds discrepancies between your application and your actual finances, it can revoke the waiver after giving you a chance to respond, and the deferred fees come due.6Florida Senate. Florida Code 57.082 – Determination of Civil Indigent Status Revocation is separate from the criminal penalty for lying: the court can revoke even where the discrepancy was not intentional, as long as it concludes you do not meet the statutory criteria.