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9/23/1997
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9/23/1997
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
09/23/1997
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Case law also supports the assertion that indigent persons are not required to <br />pay costs of pursuing legal action in judicial proceedings, including appellate <br />courts. See Schwab v. Brevard County School Board, 650 So.2d 1099 (Fla. 5th <br />DCA 1995), Fields v. Zimman, 394 So.2d 1133 (Fla. 4th CCA 1981); and <br />Chappel v. Florida Department of Health and Rehabilitative Services, 419 So.2d <br />1051 (Fla. 1982). <br />In Section 27.54(3), F.S. there is no listing of appellate filing fees among the <br />extensive group of items identified as mandatory expenditures for which the <br />County is required to pay. The closest any statute comes to addressing this <br />issue is Section 27.3455(4)(d), F.S.; however, this section only creates a duty to <br />report on actual expenditures of appellate filing fees and not a duty to actually <br />pay appellate filing fees for defendants represented by the public defender's <br />office. <br />Importantly, Section 924.051(9), Florida Statutes (1996 Supplement) states <br />"funds, resources, or employees of this state or its political subdivisions may not <br />be used, directly or indirectly, in appellate or collateral proceedings unless the <br />use is constitutionally or statutorily mandated". There does not appear to be a <br />statute or case specifically mandating that the County pay appellate filing fees <br />for indigent defendants. In absence of such, the County is not permitted to pay. <br />RECOMMENDATION/CONCLUSION: <br />Staff recommends that the Board instruct the Indian River County Finance <br />Department to cease paying appellate filing fees for indigent defendants <br />represented by the Public Defender, and deposit same in an appropriate escrow <br />account until there is final resolution of this matter. There are 11 cases in this <br />office for payment of the $250.00 appeal fee. <br />ON MOTION by Commissioner Adams, SECONDED BY <br />Commissioner Ginn, the Board unanimously instructed the <br />Finance Department to cease paying appellate filing fees for <br />indigent defendants represented by the Public Defender, and <br />deposit same in an appropriate escrow account until there is <br />final resolution of this matter, as recommended in the <br />Memorandum. <br />L Recently Acquired Properties - Tax Cancellations <br />The Board reviewed a Memorandum dated September 10, 1997: <br />21 <br />SEPTEMBER 23, 1997 <br />
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