Florida State Exemption List

Under Florida bankruptcy law you must use the Florida State Exemption List provided under Florida bankruptcy law. The Federal Exemption List can not be used.

The following table summarizes the Florida State exemptions that can be used for personal property and other assets in the bankruptcy petition. Certain states will have limitations for using the state exemption list if you have not lived in the state for the two previous years prior to filing personal bankruptcy.

Florida exemptions are personal property that is protected and can not be claimed by unsecured creditors in the bankruptcy process. Not all of your personal assets will have a matching exemption on this list. Exemption lists were created to allow a debtor to maintain enough personal property or resources to have the ability to start over after declaring personal bankruptcy.

Prior to filing bankruptcy in Florida, it is important to talk to a Florida Bankruptcy Attorney who can help determine what assets or property you own which may be exempt. The list below may not be complete or exhaustive and is meant as a general outline of allowable Florida exemptions and should not be construed as legal advice.

Exemptions Exemption Amount Statutes
Homestead Real or personal property, including a mobile or modular home: unlimited value for up to ½ acre in a municipality or 160 acres elsewhere. This exemption can be claimed by the spouse and children of a deceased owner. Constitution 10-4; 222.01–222.3, 222.05
  Debtor may file a homestead declaration. 222.01
Insurance Death benefits: all benefits payable to a specific beneficiary and not to the deceased’s estate. 222.13
  Annuity proceeds, except for lottery winnings: all. 222.14
  Life insurance cash surrender value: all. 222.14
  Illness and disability benefits: all. 222.18
  Fraternal benefit society payments: all. 632.619
Miscellaneous Child support and alimony: all necessary for support. 222.201
  Damages for injuries to employees in hazardous occupations: all. 769.05

Pensions

federal pension exemptions 121.131
  State officer and state employee pensions: all. 122.15
  County officers and county employee pensions: all. 175.241
  Firefighter pensions: all. 185.25
  Police officer pensions: all. 222.21(2)
  IRAs, Roth IRAs, and ERISA-qualified benefits: all. 238.15
  Teacher pensions: all. 121.131
Personal Property Deposits into prepaid trust for college education: all. 222.22(1)
  Deposits into prepaid medical savings account: all. 222.22(2)
  Deposits prepaid into hurricane savings account: all. 222.22(4)
  Federal income tax refund/credit: all. 222.25
  Health aids: all. 222.25
  Motor vehicle: up to $1,000. 222.25
  Deposits for funeral contract (pre-need): all. 497.56(8)
Public Benefits Public assistance: all. 222.201
  Social Security benefits: all. 222.201
  Unemployment compensation benefits: all. 222.201; 443.051(2), (3)
  Veterans’ benefits: all. 222.201; 744.626
  Workers’ compensation: all. 440.22
  Crime victims’ compensation: all if the debt is not for treatment of injuries received during the crime 960.14
Tools of Your Trade No Exemptions  
Wages Federal government employee pension received 3 months prior to any execution or collection of the funds: all. 222.21
Wild Card Personal property: up to $1,000 for single person, up to $2,000 for married couple Constitution 10-4

***Certain debts such as mortgages, deeds of trust or tax liens will not be wiped out by bankruptcy. The lender will have the right to foreclose on you if you fail to pay your certain debt obligations. ***

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