Florida Bankruptcy Exemptions

This list of exemptions updated August 2007. All law references are to Florida Statutes unless otherwise noted. Federal bankruptcy exemptions are not available in Florida.

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.

Other - Add any applicable Federal Nonbankruptcy Exemptions

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