The 2023 Florida Statutes (including Special Session C)

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

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F.S. 222.03

222.03 Survey at instance of dissatisfied creditor.—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 same to be surveyed, and when the homestead is not within the corporate limits of any town or city, the person claiming said exemption shall have the right to set apart that portion of land belonging to him or her which includes the residence, or not, at the person’s option, and if the first tract or parcel does not contain 160 acres, the said officer shall set apart the remainder from any other tract or tracts claimed by the debtor, but in every case taking all the land lying contiguous until the whole quantity of 160 acres is made up. The person claiming the exemption shall not be forced to take as his or her homestead any tract or portion of a tract, if any defect exists in the title, except at the person’s option. The expense of such survey shall be chargeable on the execution as costs; but if it shall appear that the person claiming such exemption does not own more than 160 acres in the state, the expenses of said survey shall be paid by the person directing the same to be made.

History.—s. 3, ch. 1715, 1869; s. 1, ch. 1944, 1873; RS 2000; GS 2522; RGS 3877; CGL 5784; s. 1197, ch. 95-147.

F.S. 222.03 on Google Scholar

F.S. 222.03 on Casetext

Amendments to 222.03

Arrestable Offenses / Crimes under Fla. Stat. 222.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.03.

Annotations, Discussions, Cases:

Cases from cite.case.law:

THAETER, v. PALM BEACH COUNTY SHERIFF S OFFICE, Ed L. v. Ed L., 449 F.3d 1342 (11th Cir. 2006)

. . . why she overturned the initial findings of Investigator Kronsperger, and had the members reviewed SOP 222.03 . . .

In KOSSOW,, 325 B.R. 478 (Bankr. S.D. Fla. 2005)

. . . property as set forth in the Florida Constitution, Article X, § IV and Florida Statute §§ 222.01; 222.02; 222.03 . . .

RILEY, v. UOP LLC,, 258 F. Supp. 2d 841 (N.D. Ill. 2003)

. . . Thus, the court grants defendant’s bill of costs to the extent that defendant is allowed to recover $222.03 . . .

In J. STOECKER,, 202 B.R. 429 (Bankr. N.D. Ill. 1996)

. . . case to a Chapter 7, IDOR filed three proofs of claim in the amounts of $12,667.00, $1,330.21, and $222.03 . . .

In J. STOECKER,, 151 B.R. 989 (Bankr. N.D. Ill. 1992)

. . . The third claim for $222.03 is asserted against the Debtor as responsible officer of Eagle Line, Inc. . . .

In W. ENGLANDER, 156 B.R. 862 (Bankr. M.D. Fla. 1992)

. . . . § 222.03 (1989). . . . Fla.Stat.Ann. § 222.03 (1989); see, Frase v. Branch, 362 So.2d 317. . . .

UNITED VIRGINIA BANK CITIZENS AND MARINE v. OIL SCREW SEA QUEEN, R. P., 343 F. Supp. 1020 (E.D. Va. 1972)

. . . October 12, 1970 — Internal Revenue Service — net $222.03. 4. October 30, 1970 —• J. S. . . .

V. HARTSELL v. E. WRIGHT,, 182 F. Supp. 725 (D. Idaho 1960)

. . . District Director to credit a prepayment of $347.66 and remitting to the District Director the cheek of $222.03 . . .