Florida is an opt-out state with **notoriously generous** homestead protections. However, **many** other categories—insurance, pensions, personal property, wages, etc.—also have **specific** exemption rules under Florida law. If you’re filing Chapter 7 or Chapter 13, the table below summarizes how Florida statutes (and the Florida Constitution) protect your assets. In **some** cases, Florida also permits the use of limited federal exemptions alongside state ones.
This chart merges your existing list with the **complete** set of Florida exemptions from Florida Statutes and the **Florida Constitution**. Always verify the latest amounts in the official statutes.
| Asset / Category | Exemption Description | Law Section | Notes |
|---|---|---|---|
| Homestead | Real or personal property (including mobile/modular home) of unlimited value, if property does **not** exceed ½ acre in a municipality or 160 contiguous acres elsewhere. Surviving spouse or child can claim after owner’s death. Tenancy by Entirety: property held TBE may be exempt against debts of one spouse. | Fla. Const. art. X, § 4; §§ 222.01, 222.02, 222.03, 222.05 | Must file homestead declaration if desired. Proceeds from sale of homestead protected for a certain period (usually 6 months). |
| Annuity Contract Proceeds | Exempt (does not include lottery winnings) | § 222.14; In re Pizzi, 153 B.R. 357 | Covers annuity proceeds, typically unlimited if used for support. |
| Death Benefits (payable to specific beneficiary) | Not exempt if paid to insured’s estate, but exempt if beneficiary is a named individual | § 222.13 | |
| Disability / Illness Benefits | Fully exempt | § 222.18 | |
| Fraternal Benefit Society Benefits | Exempt if received before 10/1/1996 | § 632.619 | |
| Life Insurance Cash Surrender Value | Fully exempt | § 222.14 | Covers policy’s loan or cash value if beneficiary is spouse, child, or dependent. |
| Alimony, Child Support (Needed for support) | Exempt | § 222.201 | |
| Damages for Hazardous Occupation Injury | Exempt | § 769.05 | |
| Pre-Need Funeral Contract Deposits | Exempt | § 497.413(8) | |
| Property of Business Partnership | Not subject to individual partner’s debts | § 620.68 | Partner’s interest may be subject to charging order instead. |
| County Officers, Employees | Pension exempt | § 122.15 | |
| ERISA-Qualified Benefits | Exempt | § 222.21(2) | |
| Firefighters | Exempt | § 175.241 | |
| Highway Patrol Officers | Pension exempt | § 321.22 | |
| Police Officers | Exempt | § 185.25 | |
| State Officers, Employees | Pension exempt | § 121.131 | |
| Teachers | Exempt | § 238.15 | |
| Any Personal Property | Up to $1,000 total (Husband & wife may double = \$2,000) | Fla. Const. art. X § 4; In re Hawkins, 51 B.R. 348 | Often called the “\$1,000 personal property” or “wildcard” in practice. |
| Health Aids | Fully exempt | § 222.25 | |
| Motor Vehicle | Up to $1,000 equity | § 222.25 | If you do not claim homestead, you might get a \$4,000 wildcard instead. |
| Crime Victims’ Compensation | Exempt unless seeking to discharge a debt for treatment of the injury from the crime | § 960.14 | |
| Hazardous Occupation Injury Recoveries | Exempt | § 769.05 | |
| Public Assistance | Fully exempt | § 222.201 | |
| Social Security | Fully exempt | § 222.201 | Also protected by federal law. |
| Unemployment Compensation | Fully exempt | § 222.201, 443.051(2), (3) | |
| Veterans’ Benefits | Fully exempt | § 222.201, 744.626 | |
| Workers’ Compensation | Fully exempt | § 440.22 | |
| Tools of Trade | None listed specifically in Florida’s statutes | -- | Many filers use personal property or wildcard for tools used in business. |
| Wages | Up to \$500 per week for head of family (unpaid or paid/deposited in bank within last 6 months). Federal employees’ pension payments needed for support if received within 3 months prior. | § 222.11; § 222.21 | “Head of family” means providing 50%+ support for a dependent. |
| Wildcard | If no homestead is claimed, you may have a **\$4,000** wildcard for personal property. Otherwise, $1,000 standard personal property + $1,000 vehicle. | § 222.25 | This arises if you do not use the constitutional homestead. It's not explicitly named “wildcard” in statutes, but functionally acts as one. |
Note: **Heads of household** in Florida also enjoy special protections from wage garnishment. If you provide more than 50% of support for a dependent, your wages are largely exempt from creditors under Florida law.
- Florida Statutes, including §§ 222 et seq.
- Florida Constitution, Article X, Section 4 (Homestead).
- Title 11 of the U.S. Code (Bankruptcy Code): Federal Bankruptcy Laws
- In re Avins, 19 B.R. 736; In re Pizzi, 153 B.R. 357;In re Hawkins, 51 B.R. 348 (for case law references).
Disclaimer: This comprehensive list merges multiple Florida exemption sources. Statutes may change, and courts can interpret amounts differently. Always consult an attorney or verify current law for the most accurate details.