Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 222.18 | Lawyer Caselaw & Research
F.S. 222.18 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 222.18

The 2023 Florida Statutes (including Special Session C)

Title XV
HOMESTEAD AND EXEMPTIONS
Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS
View Entire Chapter
F.S. 222.18
222.18 Exempting disability income benefits from legal processes.Disability income benefits under any policy or contract of life, health, accident, or other insurance of whatever form, shall not in any case be liable to attachment, garnishment, or legal process in the state, in favor of any creditor or creditors of the recipient of such disability income benefits, unless such policy or contract of insurance was effected for the benefit of such creditor or creditors.
History.s. 1, ch. 20741, 1941.

F.S. 222.18 on Google Scholar

F.S. 222.18 on Casetext

Amendments to 222.18


Arrestable Offenses / Crimes under Fla. Stat. 222.18
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.18.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE CHESLEY, G. v., 550 B.R. 882 (Bankr. M.D. Fla. 2016)

. . . funds he had received from the Parts Depot settlement are exempt “disability income benefits” under § 222.18 . . . settlement proceeds he received are therefore “disability income benefits” and, thus, exempt under § 222.18 . . .

In L. MASON, Sr., 520 B.R. 508 (Bankr. S.D. Miss. 2014)

. . . 2013, the Court is unsure why the May 29th notice states that the Debtor's current escrow payment was $222.18 . . .

IN RE CHESLEY, v. K., 526 B.R. 888 (M.D. Fla. 2014)

. . . Stat. § 222.18. . . . Stat. § 222.18. . . . Stat. § 222.18. . . . Stat. § 222.18. . . . Stat. § 222.18. . . .

MONTES v. MASTEC NORTH AMERICA, INC., 132 So. 3d 1195 (Fla. Dist. Ct. App. 2014)

. . . . § 222.18, Fla. Stat. (2001). . . .

A. CASTRO, III, v. HIDALGO,, 100 So. 3d 1180 (Fla. Dist. Ct. App. 2012)

. . . beneficiary under the express terms of the policy, and such a designation is permitted under section 222.18 . . .

ARNOLD, MATHENY AND EAGAN, P. A. v. FIRST AMERICAN HOLDINGS, INC., 982 So. 2d 628 (Fla. 2008)

. . . Stat. (2007); disability income benefits, see § 222.18, Fla. . . .

In R. McGUIER v. R., 346 B.R. 151 (Bankr. W.D. Pa. 2006)

. . . Milinovich derived this total by adding the $222.18 “late charge” to the $2,097.90 in “other fees” listed . . .

D. GRAU, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY,, 899 So. 2d 396 (Fla. Dist. Ct. App. 2005)

. . . Grau could have claimed these policies as entirely exempt from his creditors under section 222.18, Florida . . .

L. GOLDENBERG L. M. D. P. A. v. SAWCZAK, 791 So. 2d 1078 (Fla. 2001)

. . . In Zuckerman, we construed section 222.18, Florida Statutes (1991), which exempts disability income benefits . . . Section 222.18 contained the words, "of whatever form” as opposed to "upon whatever form,” found in section . . .

PARL, v. L. PARL,, 699 So. 2d 765 (Fla. Dist. Ct. App. 1997)

. . . The amenability of disability income to garnishment is governed by Florida Statutes section 222.18, entitled . . . Fla.1997), supports a conclusion that such benefits are still subject to the protections of section 222.18 . . . Accordingly, we hold that the statutory exemption for disability benefits, provided by section 222.18 . . . Indeed, with section 222.18, there is not even the necessity of overcoming the "due or payable” language . . . Compare § 222.18, Fla. Stat. (1995), with § 440.22, Fla. Stat. (1995). . . .

In RYZNER D., 208 B.R. 568 (Bankr. M.D. Fla. 1997)

. . . The Debtors contend that Florida Statute § 222.18 specifically exempts disability income benefits from . . . Florida Statute § 222.18 provides for an exemption of disability income benefits from legal process, . . . Stat. § 222.18 (1995). . . . Stat. § 222.18. . . . Stat. § 222.18. . . .

S. ZUCKERMAN, v. HOFRICHTER QUIAT, P. A., 672 So. 2d 888 (Fla. Dist. Ct. App. 1996)

. . . disability insurance settlement receivable by the judgment debtor was exempt from garnishment under section 222.18 . . .

S. ZUCKERMAN, v. HOFRICHTER QUIAT, P. A., 646 So. 2d 187 (Fla. 1994)

. . . Section 222.18 reads as follows: Disability income benefits under any policy or contract of life, health . . . We agree with Zuckerman’s assertion and find that section 222.18 is controlling. . . . Section 222.18 expressly reads that disability income benefits “of whatever form” paid pursuant to an . . . The clarity of these words leads us to conclude that the section 222.18 exemption is not contingent upon . . . We find, pursuant to section 222.18, Florida Statutes (1991), that disability income benefits paid under . . .

DONALD S. ZUCKERMAN, P. A. S. v. HOFRICHTER QUIAT, P. A. P. A., 629 So. 2d 218 (Fla. Dist. Ct. App. 1993)

. . . It is urged that the settlement proceeds were exempt from garnishment by Section 222.18, Florida Statutes . . . Provident did not, as urged, constitute “disability income benefits” exempt from garnishment under Section 222.18 . . .

S. ZUCKERMAN, v. HOFRICHTER QUIAT, P. A., 622 So. 2d 1 (Fla. Dist. Ct. App. 1993)

. . . rejecting Zuck-erman’s claim that the funds were statutorily exempt from garnishment pursuant to section 222.18 . . .

In WEEKS, 134 B.R. 972 (Bankr. M.D. Fla. 1991)

. . . . § 222.14 and § 222.18. . . .

In KNOWLES a k a P. p k a P., 123 B.R. 428 (Bankr. M.D. Fla. 1991)

. . . with Fuller and Lane, M.D., P.A., (Fuller and Lane) as exempt pursuant to Florida Statutes § 222.14, § 222.18 . . . which deals with the exemption of the cash surrender value of life insurance policies, and Fla.Stat. § 222.18 . . .

In J. WINES,, 113 B.R. 787 (Bankr. S.D. Fla. 1990)

. . . to § 222.21, Florida Statutes but, by amendments, has claimed the annuity as exempt under §§ 222.14, 222.18 . . . The debtor relies on § 222.18, Florida Statutes. . . . such as § 222.21, Florida Statutes, as applied to ERISA retirement benefits would become irrelevant. . 222.18 . . .

In DENNISON,, 84 B.R. 846 (Bankr. S.D. Fla. 1988)

. . . . § 222.18 which provides that: “Disability income benefits under any policy or contract of life, health . . . case decided in this district under the former Bankruptcy Act where the court concluded that Section 222.18 . . .

N. CROTTS, v. BANKERS AND SHIPPERS INSURANCE COMPANY OF NEW YORK, a, 476 So. 2d 1357 (Fla. Dist. Ct. App. 1985)

. . . The legal question involved the effect of section 222.18, Florida Statutes (1983), which exempts disability . . .

In PRESTIEN,, 427 F. Supp. 1003 (S.D. Fla. 1977)

. . . Section 222.18, which states that disability benefits shall not be liable to attachment, garnishment, . . . Section 222.18 provides: Disability income benefits under any policy or contract of life, health, accident . . . Exemptions for disability benefits are dependent upon specific statutes; before Section 222.18 became . . . Thus it is clear that at least one major purpose of Section 222.18 is to preserve for the bankrupt the . . . Through Section 222.18, therefore, the legislature sought to achieve equality in treatment between future . . .

EAGLE FINANCE v. CARTER,, 44 Fla. Supp. 136 (Palm Beach Cty. Ct. 1976)

. . . because the funds are disability income benefits which are exempt from garnishment under Florida Statute 222.18 . . . CONCLUSIONS OF LAW It is undisputed that workmen’s compensation benefits fall within the purview of §222.18 . . . Stat. 222.18, the courts have offered guidance as to the underlying policy and interpretation of similar . . . disability income benefits” from “insurance” and are exempt from garnishment by'virtue of Florida Statute 222.18 . . .

CORAL GABLES, v. HANLEY, 87 F.2d 780 (6th Cir. 1937)

. . . Appellee has paid $3,435.98 on the principal, and $222.18 interest. . . .

In ESTES. Ex McARTHUR, 2 F. Supp. 576 (W.D.S.C. 1921)

. . . .$200.00 Taxes ............................. 222.18 Advertising personalty.......... 13.00 Proportionate . . .