Florida is an opt-out state: residents generally use Florida exemptions instead of the federal list (§ 522(d)). See Fla. Stat. § 222.20. However, Florida allows certain federal protections: (1) specific federal non-bankruptcy exemptions (e.g., Social Security, VA benefits), and (2) the limited set in 11 U.S.C. § 522(d)(10) via Fla. Stat. § 222.201 (e.g., alimony/child support to the extent reasonably necessary). Amounts and rules below reflect current law.
This chart consolidates the Florida Constitution and Florida Statutes most used in bankruptcy. Always verify the latest text and case law for your facts.
| Asset / Category | Exemption Description | Law Section | Notes |
|---|---|---|---|
| Homestead | Real property (including mobile/modular) used as your principal residence; unlimited value if within acreage limits.
| Art. X, § 4, Fla. Const. | Federal 1,215-day acquisition cap in bankruptcy: see 11 U.S.C. § 522(p) (cap is inflation-adjusted; currently $214,000 as of Apr. 1, 2025). Keep tracing on proceeds. |
| Personal Property (Constitutional) | Up to $1,000 in any personal property (per debtor). | Art. X, § 4(a)(2), Fla. Const. | Can be combined with other statutory exemptions as applicable. |
| Wildcard (No Homestead Claimed) | Additional $4,000 in any personal property if you do not claim homestead. | § 222.25(4), Fla. Stat. | Can stack with vehicle exemption and the $1,000 constitutional personal property amount. |
| Motor Vehicle | Equity in one motor vehicle per debtor. | § 222.25(1), Fla. Stat. (as amended, eff. 7/1/2024) | $5,000 per debtor. If no homestead, you can also apply the $4,000 wildcard. |
| Wages | Head-of-family disposable earnings ≤ $750/week are fully exempt; > $750/week exempt unless properly waived in writing. Deposited exempt wages remain protected for 6 months if traceable. | § 222.11, Fla. Stat. | “Head of family” = provides > 50% support for a child/dependent. CCPA limits still apply for non-heads who don’t qualify. |
| Retirement Plans | ERISA-qualified plans, IRAs, and similar tax-qualified accounts are exempt from creditors. | § 222.21, Fla. Stat. | Includes many rollovers/inherited IRAs by statute; separate federal rules and recent-contribution nuances may apply. |
| Life Insurance (Cash Value) & Annuities | Cash surrender value and annuity proceeds are exempt. | § 222.14, Fla. Stat. | Tracing recommended after receipt to preserve protection. |
| Life Insurance Death Benefits | Proceeds payable to a named beneficiary are exempt from the insured’s creditors; not exempt if payable to the estate. | § 222.13, Fla. Stat. | |
| 529 Plans, HSAs, Coverdell | Contributions, assets, and income in qualified tuition (529), HSA/medical savings, and Coverdell accounts are exempt from legal process. | § 222.22, Fla. Stat. | Covers Florida and out-of-state 529s (qualified programs under IRC § 529). |
| Unemployment (Reemployment Assistance) | Benefits are exempt from claims/levy (subject to support intercept rules). | § 443.051, Fla. Stat. | |
| Workers’ Compensation | Comp benefits are exempt from creditors and legal process. | § 440.22, Fla. Stat. | |
| Crime-Victim Compensation | Awards are exempt, except for certain medical-expense offsets tied to the injury. | § 960.14, Fla. Stat. | |
| Alimony / Child Support (Received) | Exempt in bankruptcy to the extent reasonably necessary for support (via federal § 522(d)(10) adopted by § 222.201). | § 222.201, Fla. Stat.; 11 U.S.C. § 522(d)(10)(D) | |
| Federal Benefits (Social Security, Veterans) | Social Security and Veterans’ benefits are generally exempt from creditors (including after receipt, if traceable). | 42 U.S.C. § 407; 38 U.S.C. § 5301 | |
| Fraternal Benefit Society Benefits | Benefits are not subject to attachment or legal process. | § 632.619, Fla. Stat. | |
| Hazardous-Occupation Injury Damages | Damages under Ch. 769 are exempt from garnishment/attachment. | § 769.05, Fla. Stat. | |
| Partnership Property | Partnership property is owned by the partnership entity; a partner’s creditors generally use a charging order against the partner’s interest. | § 620.8501; § 620.8504, Fla. Stat. | |
| Health Aids | Professionally prescribed health aids are fully exempt. | § 222.25(2), Fla. Stat. | |
| Tools of the Trade | No separate “tools” statute—use the $1,000 constitutional personal property, the $5,000 vehicle (if applicable), and/or the $4,000 wildcard when no homestead is claimed. | Art. X, § 4(a)(2); § 222.25(1) & (4) | |
| Preneed Funeral Contracts (Consumer Funds) | Statutes protect consumer payments within the regulated preneed structure and provide a Consumer Protection Trust Fund—not a general personal creditor exemption. | Ch. 497 (e.g., § 497.456); CFO guidance | Protection concerns the provider’s failure/insolvency; consult facts. |
Note: Tenancy by the entireties (TBE) ownership can also protect certain jointly held assets from one spouse’s individual creditors under Florida law; this is fact-specific and beyond the scope of this summary.
- Florida Statutes, Chapter 222 (Homestead & Exemptions)
- Florida Constitution, Article X, Section 4 (Homestead)
- Florida reemployment assistance (Chapter 443), workers’ compensation (Chapter 440), crime victim compensation (Chapter 960), hazardous occupations (Chapter 769), partnerships (Chapter 620), and preneed funeral (Chapter 497).
- Federal benefits: 42 U.S.C. § 407 (Social Security), 38 U.S.C. § 5301 (VA).
- Bankruptcy: 11 U.S.C. § 522, including § 522(p) homestead cap and § 522(d)(10) (as made available by Fla. Stat. § 222.201).
Disclaimer: Laws change and courts interpret exemptions differently. This page is informational only, and is not legal advice. Verify statutes/cases for your situation and consult a licensed Florida bankruptcy attorney.