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. 222.22

222.22 Exemption of assets in qualified tuition programs, medical savings accounts, Coverdell education savings accounts, and hurricane savings accounts from legal process.—

(1) Moneys paid into or out of, the assets of, and the income of any validly existing qualified tuition program authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and Florida Prepaid College Trust Fund participation agreements under s. 1009.981, are not liable to attachment, levy, garnishment, or legal process in the state in favor of any creditor of or claimant against any program participant, purchaser, owner or contributor, or program beneficiary.

(2) Moneys paid into or out of, the assets of, and the income of a health savings account or medical savings account authorized under ss. 220 and 223 of the Internal Revenue Code of 1986, as amended, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any account participant, purchaser, owner or contributor, or account beneficiary.

(3) Moneys paid into or out of, the assets of, and the income of any Coverdell education savings account, also known as an educational IRA, established or existing in accordance with s. 530 of the Internal Revenue Code of 1986, as amended, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any account participant, purchaser, owner or contributor, or account beneficiary.

(4)(a) Moneys paid into or out of, the assets of, and the income of any hurricane savings account established by an insurance policyholder for residential property in this state equal to twice the deductible sum of such insurance to cover an insurance deductible or other uninsured portion of the risks of loss from a hurricane, rising flood waters, or other catastrophic windstorm event are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any account participant, purchaser, owner or contributor, or account beneficiary.

(b) As used in this subsection, the term “hurricane savings account” means an account established by the owner of residential real estate in this state, which meets the requirements of homestead exemption under s. 4, Art. X of the State Constitution, who specifies that the purpose of the account is to cover the amount of insurance deductibles and other uninsured portions of risks of loss from hurricanes, rising flood waters, or other catastrophic windstorm events.

(c) This subsection shall take effect only when the federal government provides tax-exempt or tax-deferred status to a hurricane savings account, disaster savings account, or other similar account created to cover an insurance deductible or other uninsured portion of the risks of loss from a hurricane, rising flood waters, or other catastrophic windstorm event.

(5) Except as provided in s. 1009.986(7), as it relates to any validly existing qualified ABLE program authorized by s. 529A of the Internal Revenue Code, including, but not limited to, the Florida ABLE program participation agreements under s. 1009.986, moneys paid into or out of such a program, and the income and assets of such a program, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any designated beneficiary or other program participant.

History.—s. 2, ch. 88-313; s. 2, ch. 89-296; s. 5, ch. 91-429; s. 2, ch. 98-159; s. 50, ch. 98-421; s. 2, ch. 99-220; s. 926, ch. 2002-387; s. 2, ch. 2005-101; s. 3, ch. 2015-56.

F.S. 222.22 on Google Scholar

F.S. 222.22 on Casetext

Amendments to 222.22

Arrestable Offenses / Crimes under Fla. Stat. 222.22

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.22.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In E. MOONEY, E. v. R., 812 F.3d 1276 (11th Cir. 2016)

. . . . § 222.22(2); Miss.Code Ann. § 85-3-1(g); Or.Rev.Stat. § 18.345(l)(o); Tenn.Code Ann. § 26-2-105(b); . . .

In E. MOONEY, E. v. R., 812 F.3d 1276 (11th Cir. 2016)

. . . . § 222.22(2); Miss.Code Ann. § 85-3-1(g); Or.Rev.Stat. § 18.345(1)(o); Tenn.Code Ann. § 26-2-105(b); . . .

In E. MOONEY,, 503 B.R. 916 (Bankr. M.D. Ga. 2014)

. . . . § 222.22(2); Miss.Code Ann. § 85 — 3—1 (g); Ore.Rev.Stat. § 18.345(1)(o); Tenn.Code Ann. § 26-2-105 . . .

FIRST BANCORP, INC. d b a v. UNITED STATES, 945 F. Supp. 2d 802 (W.D. Ky. 2013)

. . . relative to the final five levies of the Cooper Payments, which occurred on February 14, 2011 ($22,-222.22 . . . ), March 14, 2011 ($22,222.22), April 11, 2011 ($22,222.22), May 11, 2011 ($22,-222.22), and June 10, . . .

In NIXON v., 453 B.R. 311 (Bankr. S.D. Ohio 2011)

. . . . $200 McNees, Wallace, Nurick $222.22 Miller v. . . .

In STANGER C., 385 B.R. 758 (Bankr. D. Idaho 2008)

. . . . § 222.22(2) ("Moneys paid into or out of, the assets of, and the income of a health savings account . . .

In STEVENSON,, 374 B.R. 891 (Bankr. M.D. Fla. 2007)

. . . MFCU Checking Account are all traceable to earnings, and therefore exempt pursuant to Chapters 222.11, 222.22 . . .

R. ROBERTSON, v. J. C. PENNEY COMPANY, INC., 484 F. Supp. 2d 561 (S.D. Miss. 2007)

. . . Robertson that$222.22 was owed on the account. Mr. . . . Robertson paid the entire balance of $222.22 over the phone by debit card, and during that conversation . . . 2004, when the Robertsons received a call from GE that they were delinquent on their account and owed $222.22 . . .

In A. BENSON, R. v. A. In R. v., 363 B.R. 415 (Bankr. W.D. Pa. 2007)

. . . One of the charts prepared by the financial expert indicated that debtor would be able to withdraw $222.22 . . .

SPIRIT OF THE SAGE COUNCIL, v. NORTON, U. S., 294 F. Supp. 2d 67 (D.D.C. 2003)

. . . deal with unforeseen circumstances.” 55 Fed.Reg. 20,603, 20,605 (May 18, 1990) (codified at 50 C.F.R. 222.22 . . .

In METRO FULFILLMENT, INC. v., 294 B.R. 306 (B.A.P. 9th Cir. 2003)

. . . She received a check dated 18 January 2002 for $222.22, which was returned NSF; Debtor has never paid . . .

In DENNIS,, 230 B.R. 244 (Bankr. D.N.J. 1999)

. . . thereafter the debtors filed their chapter 13 plan providing in part for 36 monthly payments to Chrysler of $222.22 . . .

LOGGERHEAD TURTLE v. COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, a, 148 F.3d 1231 (11th Cir. 1998)

. . . . § 222.22(b)(4) (incidental take permit applications to the National Marine Fisheries Service must include . . . outside the scope of strict construction.” 50 C.F.R. § 13.42 (emphasis added); see also 50 C.F.R. § 222.22 . . .

COLLEGE SAVINGS BANK, v. FLORIDA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD,, 948 F. Supp. 400 (D.N.J. 1996)

. . . . § 222.22. Florida Prepaid also enjoys certain tort immunity under state law. . . .

In TENNESSEE CHEMICAL COMPANY, N. BROWN, Jr. v. SHELL CANADA, LTD., 159 B.R. 501 (Bankr. E.D. Tenn. 1993)

. . . With regard to the February 20 debit note for freight, in the amount of $288,-222.22, the court calculated . . . The fourth payment paid the freight debit note that totalled $288,-222.22. . . .

v. H. H., 16 Ct. Int'l Trade 65 (Ct. Int'l Trade 1992)

. . . Compare § 222.22 et seq., § 111.50 etseq. . . .

In J. CRAVEY, C. E. SMITH M. v. J. CRAVEY C., 105 B.R. 700 (Bankr. M.D. Fla. 1989)

. . . The monthly payments under the Agreement for Deed prepared by the defendants called for $222.22 per month . . .

STATE OF FLORIDA v. F. MATHEWS, 422 F. Supp. 1231 (D.D.C. 1976)

. . . Section 222.22 provides for the assessment of individuals’ service needs and implementation of individual . . .

v., 36 T.C. 510 (T.C. 1961)

. . . $60, 623. 53 June 30, 1953_ 60, 501. 04 June 30, 1954_ 50,299.63 July 1, 1954, to Sept. 30, 1954 _ 9, 222.22 . . .

RUTKIN v. SARAJIAN, 13 Fla. Supp. 52 (Dade Cty. Cir. Ct. 1958)

. . . that the plaintiff, after the exhaustion of the $1,000 advanced by the New Jersey attorney, expended $222.22 . . .

M. H. RENKEN DAIRY CO. v. BENSON,, 164 F. Supp. 813 (E.D.N.Y. 1958)

. . . Secretary of Agriculture with directions to rule that the plaintiff is entitled to the sum of $10,-222.22 . . .

ROGERS v. REPUBLIC PRODUCTIONS,, 104 F. Supp. 328 (S.D. Cal. 1952)

. . . in this agreement to Twenty-Two Thousand Two Hundred Twenty-Two Dollars and Twenty-Two Cents ($22,-'222.22 . . .

CENTRAL TRUST CO. OF NEW YORK v. WHEELING L. E. R. CO. NATIONAL CAR WHEEL CO. v. SAME, 211 F. 515 (N.D. Ohio 1914)

. . . were sold by the Wheeling to the Wabash at 95 and accrued interest, for the aggregate sum of $7,692,-222.22 . . .