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1 chapters · 25 sections in this title.
Fla. Stat. § 222.01 Designation of homestead by owner before levy
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(1) Whenever any natural person residing in this state desires to avail himself or herself of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law, he or she may make a statement, in writing, contai…
Fla. Stat. § 222.02 Designation of homestead after levy
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Whenever a levy is made upon the lands, tenements, mobile home, or modular home of such person whose homestead has not been set apart and selected, such person, or the person’s agent or attorney, may in writing notify the officer making such levy, by notice under oath made before…
Fla. Stat. § 222.03 Survey at instance of dissatisfied creditor
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If the creditor in any execution or process sought to be levied is dissatisfied with the quantity of land selected and set apart, and shall himself or herself, or by his or her agent or attorney, notify the officer levying, the officer shall at the creditor’s request cause the sa…
Fla. Stat. § 222.04 Sale after survey
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After such survey has been made, the officer making the levy may sell the property levied upon not included in such property set off in such manner.History.—s. 4, ch. 1715, 1869; RS 2001; GS 2523; RGS 3878; CGL 5785.
Fla. Stat. § 222.05 Setting apart leasehold
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Any person owning and occupying any dwelling house, including a mobile home used as a residence, or modular home, on land not his or her own which he or she may lawfully possess, by lease or otherwise, and claiming such house, mobile home, or modular home as his or her homestead,…
Fla. Stat. § 222.061 Method of exempting personal property; inventory
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(1) When a levy is made by writ of execution, writ of attachment, or writ of garnishment upon personal property which is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, with…
Fla. Stat. § 222.07 Defendant’s rights of selection
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Upon the completion of the inventory the person entitled to the exemption, or the person’s agent or attorney, may select from such an inventory an amount of property not exceeding, according to such appraisal, the amount of value exempted; but if the person so entitled, or the pe…
Fla. Stat. § 222.08 Jurisdiction to set apart homestead and exemption
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The circuit courts have equity jurisdiction to order and decree the setting apart of homesteads and of exemptions of personal property from forced sales.History.—s. 2, ch. 3246, 1881; RS 2005; GS 2527; RGS 3882; CGL 5789.
Fla. Stat. § 222.09 Injunction to prevent sale
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The circuit courts have equity jurisdiction to enjoin the sale of all property, real and personal, that is exempt from forced sale.History.—s. 1, ch. 3246, 1881; RS 2006; GS 2528; RGS 3883; CGL 5790.
Fla. Stat. § 222.10 Jurisdiction to subject property claimed to be exempt
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The circuit courts have equity jurisdiction upon bill filed by a creditor or other person interested in enforcing any unsatisfied judgment or decree, to determine whether any property, real or personal, claimed to be exempt, is so exempt, and in case it be not exempt, the court s…
Fla. Stat. § 222.11 Exemption of wages from garnishment
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(1) As used in this section, the term:(a) “Earnings” includes compensation paid or payable, in money of a sum certain, for personal services or labor whether denominated as wages, salary, commission, or bonus.(b) “Disposable earnings” means that part of the earnings of any head o…
Fla. Stat. § 222.13 Life insurance policies; disposition of proceeds
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(1) Whenever any person residing in the state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt fro…
Fla. Stat. § 222.14 Exemption of cash surrender value of life insurance policies and annuity contracts from legal process
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The cash surrender values of life insurance policies issued upon the lives of citizens or residents of the state and the proceeds of annuity contracts issued to citizens or residents of the state, upon whatever form, shall not in any case be liable to attachment, garnishment or l…
Fla. Stat. § 222.15 Wages or reemployment assistance or unemployment compensation payments due deceased employee may be paid spouse or certain relatives
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(1) It is lawful for any employer, in case of the death of an employee, to pay to the wife or husband, and in case there is no wife or husband, then to the child or children, provided the child or children are over the age of 18 years, and in case there is no child or children, t…
Fla. Stat. § 222.16 Wages or reemployment assistance or unemployment compensation payments so paid not subject to administration
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Any wages, travel expenses, or reemployment assistance or unemployment compensation payments so paid under the authority of s. 222.15 shall not be considered as assets of the estate and subject to administration; provided, however, that the travel expenses so exempted from admini…
Fla. Stat. § 222.17 Manifesting and evidencing domicile in Florida
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(1) Any person who shall have established a domicile in this state may manifest and evidence the same by filing in the office of the clerk of the circuit court for the county in which the said person shall reside, a sworn statement showing that he or she resides in and maintains …
Fla. Stat. § 222.18 Exempting disability income benefits from legal processes
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Disability income benefits under any policy or contract of life, health, accident, or other insurance of whatever form, shall not in any case be liable to attachment, garnishment, or legal process in the state, in favor of any creditor or creditors of the recipient of such disabi…
Fla. Stat. § 222.20 Nonavailability of federal bankruptcy exemptions
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In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). Nothing herein shall affect the …
Fla. Stat. § 222.201 Availability of federal bankruptcy exemptions
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(1) Notwithstanding s. 222.20, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act.(2) The provisions of this section apply to…
Fla. Stat. § 222.21 Exemption of pension money and certain tax-exempt funds or accounts from legal processes
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(1) Money received by any debtor as pensioner of the United States within 3 months next preceding the issuing of an execution, attachment, or garnishment process may not be applied to the payment of the debts of the pensioner when it is made to appear by the affidavit of the debt…
Fla. Stat. § 222.22 Exemption of assets in qualified tuition programs, medical savings accounts, Coverdell education savings accounts, and hurricane savings accounts from legal process
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(1) Moneys paid into or out of, the assets of, and the income of any validly existing qualified tuition program authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts u…
Fla. Stat. § 222.25 Other individual property of natural persons exempt from legal process
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The following property is exempt from attachment, garnishment, or other legal process:(1) A debtor’s interest, not to exceed $5,000 in value, in a single motor vehicle as defined in s. 320.01(1).(2) A debtor’s interest in any professionally prescribed health aids for the debtor o…
Fla. Stat. § 222.26 Additional exemptions from legal process concerning medical debt
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If a debt is owed for medical services provided by a facility licensed under chapter 395, the following property is exempt from attachment, garnishment, or other legal process in an action on such debt:(1) A debtor’s interest, not to exceed $10,000 in value, in a single motor veh…
Fla. Stat. § 222.29 No exemption for fraudulent transfers
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An exemption from attachment, garnishment, or legal process provided by this chapter is not effective if it results from a fraudulent transfer or conveyance as provided in chapter 726.History.—s. 4, ch. 93-256.
Fla. Stat. § 222.30 Fraudulent asset conversions
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(1) As used in this section, “conversion” means every mode, direct or indirect, absolute or conditional, of changing or disposing of an asset, such that the products or proceeds of the asset become immune or exempt by law from claims of creditors of the debtor and the products or…