University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Florida v. Cummings CJ-FL-0012
Docket / Court docket unknown ( State Court )
State/Territory Florida
Case Type(s) Criminal Justice (Other)
Special Collection Fines/Fees/Bail Reform (Criminalization of poverty)
Case Summary
An unhoused individual was arrested after being found sleeping outdoors and admitting he was homeless. He was charged with “Open Lodging,” a municipal ordinance violation, for which entered a guilty plea. He was sentenced to 5 days and a total of $273 in costs. After the costs remained unpaid, ... read more >
An unhoused individual was arrested after being found sleeping outdoors and admitting he was homeless. He was charged with “Open Lodging,” a municipal ordinance violation, for which entered a guilty plea. He was sentenced to 5 days and a total of $273 in costs. After the costs remained unpaid, the Clerk of Court sent notice of a Criminal Suspension to the Department of Highway Safety and Motor Vehicles (DHSMV), which suspended the individual's driver’s license. The individual then moved to correct the judgment against him assessing costs, contending that the financial obligations assessed by the Court were not authorized by statute, ordinance, or administrative order for municipal ordinance violations. The individual also sought an order reinstating his driver’s license, averring that his driver’s license suspension for not paying court costs related to a noncriminal municipal ordinance violation was unauthorized by statute.

Hannah Shilling - 11/21/2021


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Issues and Causes of Action
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Plaintiff Description Unhoused individual who was sleeping outside when he was charged with "Open Lodging," a municipal ordinance violation. After the individual was unable to pay the fees associated with the violation, his driver's license was suspended by the Florida DMV.
Filed 2019
Court Docket(s)
No docket sheet currently in the collection
General Documents
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