Florida Bankruptcy Exemption Statutes


Filers may file a homestead declaration in FL. Real estate or personal property that one occupies (such as a mobile home or trailer) is exempt with no limit on value. However, the property cannot be more than a half-acre if located within an urban area, or more than 160 acres outside of a municipality. The spouse or child of a deceased owner may file for a homestead exemption.

Personal Property

The following personal property may be exempt, either wholly or up to the dollar amount given:

  • $1,000 of any personal property (husband & wife may double claim) – if no homestead is claimed, exemption rises to $4,000
  • $1,000 of vehicles
  • Federal income tax refund or credit
  • Health aids
  • Pre-need funeral deposits
  • Prepaid college trust deposits
  • Prepaid hurricane saving accounts
  • Prepaid medical savings account deposits


  • Proceeds from an annuity contract (lottery winning proceeds not included)
  • Death benefits (if payable to a specific beneficiary, not the dead person’s estate)
  • Disability/illness benefits
  • Fraternal benefit society benefits
  • Life insurance cash surrender value

Pensions (note: tax-exempt retirement accounts such as 401(k)s, 403(b)s, defined benefit plans, and traditional and Roth IRAs up to $1,095,000 are not covered by state law but ARE exempt under federal law)

  • ERISA-qualified benefits, including IRAs & Roth IRAs
  • Pensions for the following occupations are exempt under FL law:
    • County officers and employees
    • Firefighters
    • Police officers
    • State officers and employees
    • Teachers

Public benefits

  • Crime victim compensation (but if the filer seeks to discharge debt for treatment of injury that occurred during the crime, the compensation becomes non-exempt)
  • Public assistance
  • Social Security
  • Unemployment benefits
  • Veterans’ benefits


  • Wages:
    • Up to $500 of wages for heads of household, either unpaid or paid and deposited in bank account for up to 6 months
  • Alimony & child support as necessary for support
  • Damages to employees for injuries from hazardous occupations

The Florida Code is available here. Links to specific sections regarding state exemptions follow below.

Please note: Laws may have changed since our last update. For the latest publication, please visit the state legislature sites directly, or speak with a bankruptcy attorney near you.

Real Property

Florida Code Chapters 222.01, 222.02, 222.03, 222.05 - Homestead: Real or personal property including mobile or modular home to unlmited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption.

Florida Code Chapter 222.01 - Homestead: May file homestead declaration.

Personal Property

Florida Code Chapter 222.201 Alimony, child support needed for support.

Florida Code Chapter 769.05 -Damages to employees for injuries in hazardous occupations.

Florida Chapter 222.25 - Personal Property: Health aids

Florida Chapter 222.25 Motor vehicle to $1,000

Florida Chapter 497.56(8) Pre-need funeral contract deposits

Florida Chapter 222.22(1) Preapid college education trust deposits

Florida Chapter 222.22(4)  Prepaid hurricane savings accounts

Florida Chapter 222.22(2) Prepaid medical savings account deposits

Florida Chapter 222.25  Federal income tax refund or credit

Florida Chapter 222.11 - Wages: 100% of wages for heads of family up to $500 per week either unpaid or paid & deposited into bank account for up to 6 months

Florida Chapter 222.21 - Wages: Federal government employees' pension payments needed for support & received 3 months prior

Insurance Exemptions

Florida Code Chapter 222.13 Death benefits payable to a specific beneficiary, not the deceased's estate.

Florida Code Chapter 222.18 -Disability or illness benefits.

Florida Code Chapter 632.619 -Fraternal benefit society benefits.

Florida Code Chapter 222.14  Life insurance cash surrender value.

Retirement Benefits

Florida Code Chapter 122.15 - Pensions: County officers, employees

Forida Code Chapter 222.21(2) - Pensions: ERIS-qualified benefits, including IRAs & Rith IRAs

Florida Chapter 175.241 - Pensions: Firefighters

Florida Chapter 185.25 - Pensions: Police Officers

Florida Chapter 121.131 - Pensions: State officers, employees

Florida Chapter 238.15 - Pensions: Teachers

Public Benefits

Florida Chapter 960.14 Crime victims' compensation, unless seeking to discharge debt for treatment of injury incurred during the crime

Florida Chapter 222.201 Public assistance

Florida Chapter 222.201 Social Security

Florida Chapter 222.201, 443.051(2)(3)  Unemployment compensation

Florida Chapter 222.201, 744.626  Veterans' benefits

Florida Chapter 440.22 Workers' compensation