Law Offices of:
Robert N Zimmerman, Jr.
(813) 655-4900                                           
1106 N Parsons Ave., Ste 202                                                                                        
Brandon, FL 33511



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                                                                                                 Want to talk about bankruptcy without being pressured?  
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                                                                                                 Serving Hillsborough, Pasco and Pinellas Counties

        Robert N. Zimmerman, Jr. (813) 655-4900
                                                                             

Florida Exemptions:
Have you been domiciled
In Florida for the last 730 days?
If not the Bankruptcy Code likely requires use of different exemptions. See § 522 of the Bankruptcy Code

Florida Exemptions For Bankruptcy | Can I keep my car | Bankruptcy Protection

Fortunately Florida has liberal exemption laws. We also have a lot of case law interpreting the statutes and some of the statutes are quite lengthy. The exemptions are set in a table format here with citations to the statutes and the Florida Constitution. Both the constitution and statutes can be found at on line sunshine.
 Category  Asset  Exemption Value Citation 
Homestead 1/2 acre and residence in a municipality; up to 160 acres and improvements thereon outside a municipality  No limit unless a bankruptcy restriction applies  Fl. Constitution Art. 10 §4
Homestead     Mobile or modular home on land not owned by the debtor with a right of possession No limit unless a bankruptcy restriction applies  F.S. §222.05  
Insurance Death benefits with a named beneficiary other than decedent's estate Questionable. The statute says the benefit is exempt from creditors of the insured.  F.S. §222.13
Insurance     Life insurance cash surrender value  No limit  F.S. §222.14
Annuity Proceeds of annuity contracts unless it was created for the benefit of a creditor No Limit  F.S. §222.14
Insurance Disability Income form any policy or contract unless it was created for the benefit of a creditor No Limit  F.S. §222.18
Pensions IRA, 401(k) etc. or any ERISA qualified benefit  No limit, except as to an alternate payee  F.S. §222.21(2)
Pensions Pensions, annuities, benefits for a firefighters No limit  F.S. §175.241
Pension Money Received by U.S. Pensioner This one applies to pension money received by a pensioner of the United States within the preceding 3 months No limit  F.S. §222.21(1)
Pensions Pensions, annuities, benefits created for State of Florida employees  No limit  F.S. §122.15(10)(a)
Pensions  Pensions, annuities for State of Florida teachers No limit  F.S. §238.15
Pensions Pensions, annuities, benefits for Municipal Police No limit  F.S. §185.25
Pensions Pensions etc. from and to members of the Florida Retirement System No limit  F.S. §121.131 
Public Assistance Social Security Benefits No limit  F.S. §222.201
Federal Benefit Veteran's Benefits No limit  F.S. §222.201
Public Benefit Disability, Illness or Unemployment Benefits No limit  F.S. §222.201
Domestic Support Alimony, Support, Separate Maintenance exempt to extent required for support of the Debtor or Dependant of the Debtor  F.S. §222.201
Wages Compensation for personal services of head of household No limit unless the debtors disposable earnings exceed $500.00 per week and the debtor agreed otherwise in writing  F.S. §222.11
Wage Compensation Worker's Compensation Benefits No limit  F.S. §440.22
Other tax deferred accounts Qualified tuition programs, medical savings accounts and Covered educational savings accounts No limit  F.S. §222.22
Motor Vehicle Debtors interest in a motor vehicle $1,000.00  F.S. §222.25
Health Aids Debtors interest in any health aids No limit  F.S. §222.25
Tax Credit Debtors interest in an earned income tax credit No limit  F.S. §222.25
Fraternal Benefits Certain Benefits that may be paid by a Fraternal Benefits Society, including but not limited to death benefits No limit  F.S. 632.619
Personal Injury Money due or likely to become due for injuries received in a hazardous occupation  No limit  F.S. 769.05
Personal Property Any personal property of the debtor that the debtor selects  $1,000.00  Fl. Constitution
Article 10
Personal Property If a debtor does not claim or have the benefit of a homestead the debtor may claim additional personal property as exempt.  $4,000.00 in addition to the $1,000.00 provided in the Constitution.  F.S. §222.25

There is another important exemption that is not included in the table. It is tenancy by entirety and it can be applied to both real and personal property. However, this exemption requires a certain set of circumstances called the six unities. It's a tricky exemption and subject to attack but we have used it successfully a few times. Use of a lawyer would be a good idea where this exemption is involved.