Property & exemptions

Florida bankruptcy exemptions

Verified Florida exemptions — 9 categories below, each quoted from the statute that states it. A category not listed is one we have not published for Florida, not a finding that Florida law is silent on it.

Which exemption list applies in Florida

Florida law, for filers Florida law governs. Florida has opted out of the federal exemption set, so a filer whose applicable exemption law is Florida’s cannot instead choose the list in 11 U.S.C. § 522(d).

Which state’s exemption law applies to you is set by 11 U.S.C. § 522(b)(3)(A) from where you were domiciled during the periods it measures before filing — not simply where you live now. If a recent move means you are living in one state and governed by another’s list, this page may not be the one that applies to you. Where that rule would leave a filer with no exemptions at all, § 522(b)(3) permits the federal list.

Fla. Stat. §§ 222.20–.201

This page is still being completed

Florida has an open completeness question awaiting verification. We show what has been verified rather than filling the gap with something we have not checked — but treat what follows as partial.

Homestead — your home

Florida constitutional homesteadNo dollar limit stated
No state-law dollar ceiling is stated. The parcel limit is 160 contiguous acres outside a municipality or one-half contiguous acre within a municipality, subject to the constitutional creditor exceptions and federal bankruptcy caps.
Fla. Const. art. X, § 4(a)(1)

Motor vehicle

Florida single motor vehicle$5,000
Applies to the debtor's interest in one motor vehicle as defined by Fla. Stat. § 320.01(1).
Fla. Stat. § 222.25(1)

Wildcard and general personal property

Florida no-homestead personal-property exemption$4,000
Unavailable for child-support or spousal-support debt.
Fla. Stat. § 222.25(4)

Retirement accounts and pensions

Florida qualifying tax-exempt retirement funds and accountsNo dollar limit stated
Subject to § 222.21's qualification, substantial-compliance, QDRO, surviving-spouse, transfer, rollover, and other express provisions.
Fla. Stat. § 222.21(2)

Life insurance and annuities

Florida publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.

Florida life-insurance cash value and annuity proceedsNo dollar limit stated
Covers qualifying life-insurance cash surrender value and annuity-contract proceeds.
Fla. Stat. § 222.14
Florida disability-income benefitsNo dollar limit stated
Applies to disability-income benefits under qualifying insurance policies or contracts.
Fla. Stat. § 222.18

Public benefits

Florida publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.

Florida qualifying ABLE-program assetsNo dollar limit stated
Covers money paid into or out of the program and program income and assets.
Fla. Stat. § 222.22(5)
Florida workers' compensationNo dollar limit stated
The exemption may not be waived but does not extend to child-support or alimony claims.
Fla. Stat. § 440.22
Florida reemployment-assistance and unemployment benefitsNo dollar limit stated
Subject to the chapter's exceptions, including the statutory support-intercept process.
Fla. Stat. § 443.051(2)

Personal-injury recoveries

Florida Chapter 769 injury-recovery proceedsNo dollar limit stated
The protection is limited to money due or likely to become due as damages under Chapter 769.
Fla. Stat. § 769.05

Health aids

Florida publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.

Florida professionally prescribed health aidsNo dollar limit stated
No dollar cap is stated for qualifying prescribed health aids.
Fla. Stat. § 222.25(2)
Florida health and medical savings accountsNo dollar limit stated
Covers money paid into or out of the account, account assets, and account income.
Fla. Stat. § 222.22(2)

Other published exemptions

Florida publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.

Florida constitutional personal property$1,000
Constitutional personal-property cap for property owned by a natural person.
Fla. Const. art. X, § 4(a)(2)
Florida qualified tuition-program assetsNo dollar limit stated
Covers money paid into or out of the program, program assets, and program income.
Fla. Stat. § 222.22(1)
Florida Coverdell education savings accountsNo dollar limit stated
Covers money paid into or out of the account, account assets, and account income.
Fla. Stat. § 222.22(3)

What these amounts do and do not mean

An exemption protects your EQUITY — what the property is worth beyond what you still owe on it — not the item’s sticker price.
More than one amount can apply in the same category. Where that is true the entries below are listed separately with the condition that selects each one; we do not pick for you.
Federal limits can still apply on top of state law. 11 U.S.C. § 522(p) and (q) can cap a homestead claim for someone who moved recently or in specific circumstances.
Which set of exemptions you may use depends on where you were domiciled during the period 11 U.S.C. § 522(b)(3)(A) measures, which is not always the state you live in today.

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