Ask the Attorney: The rising cost of justice
The Florida Legislature, struggling with unprecedented budgetary constraints, expended much effort in the latest legislative session looking for new sources of revenue without “raising taxes.” It seems the legislature has found it can ratchet up the “fees” imposed by the government on various services to offset the cost of those services and avoid the “higher taxes” headlines. I must admit I am in general agreement with fees that tend to more proportionately spread the cost of certain services to those consuming those services than a less discriminate general tax. Examples include everything from vehicle registrations to professional licenses.
The argument can be made that the same reasoning applies nicely to filing fees set by the legislature and collected by the Clerk of Court whenever any party wishes to file a lawsuit. The legislature certainly believed the logic applied, passing Senate Bill 1718 which was signed into law by Gov. Crist just last week. SB 1718 increases the filing fee for the average civil lawsuit from $295 to $395. This will increase the income flowing to Florida’s coffers by tens of millions of dollars each year.
These higher fees may not be a significant issue for businesses and individuals who can afford to pay an attorney to represent them in civil disputes involving substantial sums of money. It might even seem that the higher fees will help discourage “frivolous” personal injury lawsuits. Yet the personal injury lawyers will continue to advance the costs of litigation to their clients, and the personal injury suits (both frivolous and meritorious) will continue.
The real loser from increased filing fees will be the average Joes and Janes, struggling to make ends meet, who get taken for a ride by an unscrupulous repair shop, landlord or employer, or otherwise need the assistance of the court system, but can’t afford $500 in filing and service of process fees. No one wants to go to court, but litigation is the way parties resolve disputes in a civil society. The more the legislature looks at parties seeking the protection of the courts as a revenue source, the more likely it becomes that certain individuals will be denied access to the courts simply because they can’t afford the fees. This creates a real concern that these individuals will be more susceptible to unscrupulous economic conduct as the perpetrators realize the people they are preying upon simply can’t afford to sue.
For several years now, Florida has shamefully been the only state in the nation without some type of indigent fee waiver system. Fortunately, SB 1718 also re-implemented a fee waiver program for individuals who make so little money that they are unable to afford the cost of basic legal services. An association representing Florida’s county clerks lobbied hard for the removal of the indigent fee waiver. With the issue of filing fees likely to re-appear in future legislative sessions until the economy improves and revenues rise, Florida’s most economically vulnerable citizens will remain at risk of losing their access to justice.
Nathan D. Boyles, Attorney at Law, practices at 204 N. Main St.; Crestview, FL 32536. He can be reached at 689-8505. His column will appear on the first Wednesday of the month. Mr. Boyles sits on the Board of Directors of Legal Services of North Florida (LSNF). This column is intended for general educational and entertainment purposes and is not legal advice. Every situation is unique. If you have a legal issue you should contact a lawyer who can provide counsel.
