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. 222.061

222.061 Method of exempting personal property; inventory.—

(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, within 15 days after the date of the levy, an inventory of his or her personal property. The inventory shall show the fair market valuation of the property listed and shall have an affidavit attached certifying that the inventory contains a correct list of all personal property owned by the debtor in this state and that the value shown is the fair market value of the property. The debtor shall designate the property listed in the schedule which he or she claims to be exempt from levy and sale.

(2) The original inventory and affidavit shall be filed with the court which issued the writ. The debtor, by mail or hand delivery, shall promptly serve one copy on the judgment creditor and furnish one copy to the sheriff who executed the writ. If the creditor desires to object to the inventory, he or she shall file an objection with the court which issued the writ within 5 days after service of the inventory, or he or she shall be deemed to admit the inventory as true. If the creditor does not file an objection, the clerk of the court shall immediately send the case file to the court issuing the writ, and the court shall promptly issue an order exempting the items claimed. Such order shall be sent by the court to the sheriff directing him or her to promptly redeliver to the debtor any exempt property under the levy and to sell any nonexempt property under the levy according to law.

(3) If the creditor files an objection, he or she shall promptly serve, by mail or hand delivery, one copy on the debtor and furnish one copy to the sheriff who executed the writ. Upon the filing of an objection, the clerk shall immediately send the case file to the court issuing the writ, and the court shall automatically schedule a prompt evidentiary hearing to determine the validity of the objection and shall enter its order therein describing the exempt and nonexempt property. Upon its issuance, the order shall be sent by the court to the sheriff directing him or her to promptly redeliver to the debtor any exempt property under the levy and to sell the nonexempt property under the levy according to law.

(4) The court shall appoint a disinterested appraiser to assist in its evidentiary hearing unless the debtor and creditor mutually waive the appointment of such appraiser. The appraiser shall take and file an oath that he or she will faithfully appraise the property at its fair market value and that he or she will file a signed and sworn appraisal with the court as required by law. Notice of the time and place of the inspection of the property for the purpose of its appraisal shall be given by the appraiser to the debtor, creditor, and sheriff, at least 24 hours before the inspection is made. The appraiser shall be entitled to a reasonable fee as determined by the court for his or her services. The appraiser’s fee shall be taxed as costs, but no costs shall be assessed against the debtor for the proceedings under this section if the debtor prevails on his or her claim of exemption. The court may require the creditor to deposit a cash bond, a surety bond, or other security, conditioned on the creditor’s obligation to pay reasonable appraisal expenses, not to exceed $100.

(5) During the pendency of proceedings under this section, the sheriff shall safeguard the property seized under the writ, and the creditor shall deposit sufficient moneys with the sheriff to pay the cost of such safeguarding until the property is sold or redelivered to the debtor. When the sheriff receives a copy of a court order identifying which property has been declared exempt and which property has been declared not exempt and ordering the sale of the property not exempt from levy, he or she shall sell the property.

(6) The party who successfully maintains his or her claim at the time of the evidentiary hearing may be entitled to reasonable attorney’s fees and shall be entitled to costs. The costs shall include, but not be limited to, appraisal fees, storage fees, and such other costs incurred as a result of the levy.

(7) No inventory or schedule to exempt personal property from sale shall be accepted prior to a levy on the property.

History.—s. 5, ch. 85-272; s. 61, ch. 87-224; s. 1199, ch. 95-147.

F.S. 222.061 on Google Scholar

F.S. 222.061 on Casetext

Amendments to 222.061

Arrestable Offenses / Crimes under Fla. Stat. 222.061

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.061.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In L. ALLEN N., 454 B.R. 894 (Bankr. S.D. Fla. 2011)

. . . as exceeding the $1,000 allotted under Florida Constitution, Article 10, § 4 and Florida Statutes § 222.061 . . .

In RODALE, 452 B.R. 290 (Bankr. M.D. Fla. 2011)

. . . Schedule C, the Debtors listed their household furnishings and personal effects as exempt pursuant to § 222.061 . . .

In BRUBAKER v. L., 443 B.R. 176 (M.D. Fla. 2011)

. . . . § 222.061 (Doc. No. 15). . . .

In BRUBAKER s, 426 B.R. 902 (Bankr. M.D. Fla. 2010)

. . . . § 222.061 (Doc. No. 15). . . .

In WEINSHANK,, 406 B.R. 413 (Bankr. S.D. Fla. 2009)

. . . . § 222.061. The Debtor is a single man who does not provide support for anyone other than himself. . . .

In ZAJNI,, 403 B.R. 891 (Bankr. M.D. Fla. 2008)

. . . Section 222.061 of the Florida Statutes sets forth the method by which a debtor can exempt personal property . . .

In R. MOOTOSAMMY, S., 387 B.R. 291 (Bankr. M.D. Fla. 2008)

. . . Stat. § 222.061(1) (1995). . . . Rather, LWT argues that the waiver occurred by virtue of the provision of the Section 222.061 and the . . . Rather, Section 222.061 provides that an untimely claim of exemption cannot stop a sheriffs sale, which . . . Section 222.061 specifies the procedures required to be followed to claim personal property exemptions . . . McMichael is referenced al note 10 of F.S.A. § 222.061 (1995) under the heading, "Waiver.” . . .

In CALIRI,, 347 B.R. 788 (Bankr. M.D. Fla. 2006)

. . . Const AT. 10 § 4(a)(2), FSA § 222.061 Checking/Money Market: $ 200.00 $ 200.00 Beal Bank Bank of America . . . Const At. 10 § 4(a)(2), FSA § 222.061 Wedding Ring $ 335.00 $ 2,000.00 FI. . . . Stat. § 222.061. . . . Art. 10 § 4(a)(2), FSA § 222.061.” . . . Art. 10 § 4(a)(2), FSA § 222.061.” . . .

In HUNTER,, 283 B.R. 353 (Bankr. M.D. Fla. 2002)

. . . . § 222.061, method of exempting personal property; inventory. . . .

In HANING d b a, 252 B.R. 799 (Bankr. M.D. Fla. 2000)

. . . 300ZX 54,000 Miles FSA § 222,25(1)1,000.00_8,000.00 Bracelet Art. 10, § 4(a)(2), FSA 10.00 10.00 § 222.061 . . . Lady’s Used Clothing Art. 10, § 4(a)(2), FSA 50.00 50.00 § 222.061 Man’s Used Clothing Art. 10, § 4( . . . a)(2), FSA 50.00 50.00 § 222.061 Miscellaneous Household Goods Art. 10, § 4(a)(2), FSA 1,741.00 1,741.00 . . . and Furnishings § 222.061 Watch Art. 10, § 4(a)(2), FSA 10.00 10.00 § 222.061 Wedding Band Art. 10, . . . § 4(a)(2), FSA 10.00 10.00 § 222.061 Patricia Boney, who the Court has qualified as an expert appraiser . . .

In M. KELSEY,, 224 B.R. 495 (Bankr. M.D. Fla. 1998)

. . . Pursuant to Article X, Section 4(a)(2) and Florida Statute § 222.061, the Debtor claimed as exempt on . . .

In LAZIN,, 217 B.R. 332 (Bankr. M.D. Fla. 1998)

. . . . § 222.061. . . .

LOTTI, v. UNEMPLOYMENT APPEALS COMMISSION,, 699 So. 2d 863 (Fla. Dist. Ct. App. 1997)

. . . provision of Article X, Section 4 of the Florida Constitution and its implementing statute, section 222.061 . . .

In C. LORDY M. C. FURR, v. C. LORDY M. EMPLOYERS INSURANCE OF WAUSAU, a v. C. LORDY M., 214 B.R. 650 (Bankr. S.D. Fla. 1997)

. . . 1,000.00 1988 Pontiac LeMans FSA § 222.25(1) $ 1,000.00 Florida Power & Light Art. 10, § 4(a)(2) FSA § 222.061 . . . Furnishings: 3 Bedroom sets; dining tables and chairs; 3 sofas; T.V.; 5 lamps; stereo Art. 10 § 4(a)(2) FSA § 222.061 . . . 222.21 Securities Account # OWD-R01637-22 $ 14,161.00 Various Household Tools Art. 10 § 4(a)(2) FSA § 222.061 . . . $ 30.00 Various family photos Art. 10 § 4(a)(2) FSA § 222.061 $ 0.00 Wearing Apparel Art. 10 § 4(a)( . . . 2) FSA § 222.061 $ 0.00 MBL Life Assurance FSA 222.14 Newark, NJ # GA 10095 0001 (* listed on Sept. 25,1996 . . .

In FERRETTI,, 203 B.R. 796 (Bankr. S.D. Fla. 1996)

. . . Florida Statute § 222.061; Florida Constitution, Article 10, § 4(a)(2); Richards v. . . .

SCHLOSSER, v. STATE, 602 So. 2d 628 (Fla. Dist. Ct. App. 1992)

. . . Instead, section 222.061, Florida Statutes (1991), sets forth the method by which a debtor may seek to . . . Rule 33-3.018(11) does not expressly reference section 222.061, Florida Statutes (1989), or the procedural . . .