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Indigent Status

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Applicants for indigent status are approved or denied based on the guidelines provided in Florida Statutes for indigent determination.

Poverty guidelines are provided by the State and updated each January. If you do not agree with the determination made by the Clerk’s office, you may seek judicial review.

Criminal Indigent Status (Apply for a Public Defender)

See Florida Statute 27.52

Applicants may apply for appointment of a Public Defender or for Indigent Status for Costs. The applicant is notified in writing of the approval or denial of their application. The provision of a public defender and/or costs/due process services are not free.

A judgment and lien may be imposed against all real or personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50 fee for each application filed. Statute requires payment of the $50 to the Clerk of the Circuit Court within seven (7) days. If the fee is not paid within the seven (7) days, it will be assessed against you at the conclusion of the case.

If applying for a determination of “indigent for costs,” the applicant must file a written motion to the court to be submitted along with the application for judicial review.

Application for Criminal Indigent Status (Apply for a Public Defender)

File your completed Application for Criminal Indigent Status in person at any Clerk's office location, or mail to:

For Misdemeanors/County Criminal Cases:
Clerk of the Circuit Court & Comptroller, Palm Beach County
P.O. Box 3544
West Palm Beach, FL 33402

For Felony/Circuit Criminal Cases:
Clerk of the Circuit Court & Comptroller, Palm Beach County
P.O. Box 2906
West Palm Beach, FL 33402

Civil Indigent Status

See Florida Statute 57.082

In a civil proceeding, if a person is determined to be indigent their filing fee, cost of summons, and cost of service by the Sheriff are waived pursuant to Florida Statute. Additional fees such as the cost of copies or cost of preparation of the record on appeal are only deferred. To defer these costs the indigent filer must enter into a payment plan. There is a $25 fee to establish a payment plan in a civil case, except there is no payment plan fee for a dependency action or a Chapter 39 termination of parental rights.

A person declared to be indigent in a dependency or delinquency proceeding must pay a $50 application fee for appointment of counsel.

Indigency is determined by poverty guidelines provided by the state. There is a presumption that the applicant is not indigent if the applicant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more, excluding the value of the person’s homestead and one vehicle having a net value not exceeding $5,000.