Florida Bankruptcy Exemptions
Homestead
222.01 - Real or personal property, including mobile or modular home and
condominium, to unlimited value. Property cannot exceed: 1/2 acre in a
municipality, or 160 acres elsewhere. Spouse or child of deceased owner may
claim exemption. (Also refer to Florida Constitution, as "Fla. Const.
10-4."). May file homestead declaration. Also, tenancies by the entireties
in real property are exempt as to debts of one spouse [In re Avins, 19 B.R.
736 (S.D.FIa: 1982)].
Personal Property
222.22 - Prepaid hurricane savings accounts, prepaid medical savings account
deposits, and prepaid college education trust deposits.
222.25 - Motor vehicle up to $1,000; prescribed health aids; federal income
tax credits or refunds.
497.56 - Pre-need funeral contract deposits.
Other - Any personal property up to $1,000 total. (Refer to as "Florida
Constitution 10-4") - Subject to doubling.
Wages
222.11 - For head of family, 100% of earnings up to $500 a week; Applies to
either unpaid or paid wages, or wages deposited in a bank account for up to
6 months.
222.21 - Federal government employees' pension payments that are needed for
support and were received up to 3 months prior to the bankruptcy.
Pensions
11 U.S.C. § 522 - Tax exempt retirement accounts. Traditional IRAs and Roth
IRAs up to $1,095,000 per person.
121.131 - State officers and employees.
122.15 - County officers and employees.
175.241 - Firefighters.
185.25 - Police officers.
222.21 - ERISA - qualified benefits, IRAs and Roth IRAs.
238.15 - Teachers.
Public Benefits
222.201 - Public assistance, unemployment compensation, Veterans' benefits,
and social security.
440.22 - Workers' compensation.
960.14 - Crime victims' compensation unless seeking to discharge debt for
treatment of crime related injury.
Alimony and Child Support
222.201 - Alimony and child support needed for support.
Insurance
222.13 - Death benefits payable to a specific beneficiary.
222.14 - Annuity contract proceeds excluding lottery winnings; life
insurance cash surrender value.
222.18 - Disability or illness benefits.
632.619 - Fraternal benefit society benefits.
Misc.
769.05 - Damages to employees for injuries incurred in hazardous
occupations.