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PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 17897
Experience:  B.A.; M.B.A.; J.D.
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1. I am indigent to the court in Florida. 2. I have filed a

Customer Question

1. I am indigent to the court in Florida.
2. I have filed a suit against the State of Florida.
3. I served my notice of claim 6 months before filing suit to the State of Florida Financial Services as the statute requires
however I served one paper copy to the state and did not send a extra copy to the State of Florida Department of Environmental Protection and The State of Florida attorney General and the local state Attorney for my county as the statute requiresIs there any statute that would protect the indigent person from having to file 4 paper copies to the state at 350.00 dollars each if so can you attach them.I am still within my statute of limitations to refill everything can I dismiss the State of Florida and refill?
There are 2 other parties involved in the case the State of Florida has filed a motion to dismiss with prodigious for failure to serve process however the state of Florida has been active in the case and answered the notice of claim as seen hereto attached.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  PhillipsEsq replied 9 months ago.

See Florida Statutes Chapter 57 Sections 57.081 and 57.082. You would need to file for fee waiver with the Court. You can obtain application for fee waiver at the Courthouse in the Clerk's office.

Customer: replied 9 months ago.
I think you misunderstood the question I am all ready considered indigent to the court below is what I did not do however I served one copy of the notice of claim on the State of Florida Financial Services as seen in the attachment I also served one copy of the complaint to the State of Florida Financial Services they answered the notice of claim as seen in the attachment and also answered in part the complaint. I did not serve the Florida Department of environmental protection as the statute below reads however the state has answered for the DEP on both the notice of claim and the complaint now they want to dismiss for failure of proper service of process. I am still with in my statute of limitations to reserve the notice of claim and the complaint I guess my question is does the judge have the power to allow me to amend or do I have to start over and serve the DEP as stated below? Then wait 6 more months before I can sue again as you must wait 6 months after service to sue a state agency. In reality the State of Florida was served just not the FDEP but the FDEP is the State of Florida. Can the Judge over rule the state because they have answered and responded making it obvious they have the complaintThank you Steve48.121 Service on the state.—When the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by sending two copies of the process by registered or certified mail to the Attorney General. The state may serve motions or pleadings within 40 days after service is made. This section is not intended to authorize the joinder of the Attorney General or a state attorney as a party in such suit or prosecution.
Customer: replied 9 months ago.
48.111 Service on public agencies and officers.—
(1) Process against any municipal corporation, agency, board, or commission, department, or subdivision of the state or any county which has a governing board, council, or commission or which is a body corporate shall be served:
(a) On the president, mayor, chair, or other head thereof; and in his or her absence;
(b) On the vice president, vice mayor, or vice chair, or in the absence of all of the above;
(c) On any member of the governing board, council, or commission.
(2) Process against any public agency, board, commission, or department not a body corporate or having a governing board or commission shall be served on the public officer being sued or the chief executive officer of the agency, board, commission, or department.
(3) In any suit in which the Department of Revenue or its successor is a party, process against the department shall be served on the executive director of the department. This procedure is to be in lieu of any other provision of general law, and shall designate said department to be the only state agency or department to be so served.
History.—ss. 1, 2, ch. 3242, 1881; RS 581, 1021, 1022; GS 774, 1408, 1409; RGS 1494, 2606, 2607; CGL 2203, 4253, 4254; s. 4, ch. 67-254; s. 1, ch. 73-73; s. 8, ch. 83-216; s. 274, ch. 95-147.
Note.—Former ss. 47.20, 47.21.
Expert:  PhillipsEsq replied 9 months ago.

Thank you. However, you would still need to request for a waiver from the Court.

Customer: replied 9 months ago.
PhillipI all ready have the waiver from the Court. as indigentI just figured out my own answer, Florida has a 120 day rule to serve and its only been 90 days sense the complaint was filed Iwill just serve them do you think the judge would allow me to serve through the E-portal or at least only serve one copy not 4 thecase is very largeThank you ***** *****
Expert:  PhillipsEsq replied 9 months ago.

I do not have the answer to your follow-up questions. So, I will yield this space to another Attorney.

Goodluck with your case,