Florida Statute 222: Homestead, Wages, and Property Exemptions

Florida Statute Chapter 222, working with Article X, Section 4 of the Florida Constitution, shields a specific list of assets from most creditors: your homestead, wages if you support a dependent, retirement accounts, life insurance cash value, annuities, 529 plans, a car up to $5,000 in equity, and $1,000 in personal property ($4,000 if you don’t claim homestead). The Florida Statute 222 exemptions are among the strongest debtor protections in the country, but each one has edges, and several categories of debt punch through them entirely.¹

Your Home

The homestead exemption protects an unlimited dollar amount of home value from ordinary judgment creditors. A $5 million house on a quarter-acre lot inside city limits is fully shielded. What’s capped is the land, not the price tag.

Inside a municipality, the exemption reaches up to one-half acre of contiguous land, and only the residence on that parcel is protected. Outside a municipality, it stretches to 160 contiguous acres plus improvements.¹ A cabin on 200 rural acres is only protected up to the 160-acre line.

The property has to be owned by a natural person, not an LLC or corporation, and you need to actually live there as your permanent home. Evidence that supports the claim includes a Florida driver’s license, voter registration in the county, and a recorded declaration of domicile. If you own more than one property, only the one you genuinely treat as your primary residence qualifies.

Wages, If You’re Head of Family

Florida’s wage protection depends almost entirely on whether you qualify as a “head of family,” meaning you provide more than half the support for a child or other dependent.²

If you qualify and your disposable income is $750 per week or less, no part of your paycheck can be garnished. If you earn more than $750 per week, everything above that line is still protected unless you signed a written waiver that meets strict formatting rules: same language as the underlying contract, a separate attached document, at least 14-point type, and prescribed disclosure language warning you what you’re giving up.² A waiver missing any of those requirements is unenforceable. Creditors sometimes bury these in loan paperwork, so read anything you sign.

If you’re not a head of family, the federal Consumer Credit Protection Act limits apply directly, and no waiver is needed to garnish you.

Retirement Accounts, 529s, Life Insurance, and Annuities

These are the uncapped shields, and they are often the most valuable part of the chapter for people who have built up savings.

Tax-qualified retirement money is exempt from creditor claims with no dollar limit. That includes 401(k) and 403(b) plans, traditional and Roth IRAs, SEP-IRAs, 457(b) plans, profit-sharing plans, and pension plans. The account does not need ERISA coverage to qualify, which is broader than the shield federal bankruptcy law provides on its own. The protection also survives the account holder’s death: if inherited retirement funds pass by direct transfer or eligible rollover, the beneficiary keeps the shield.³

Money in a qualified 529 tuition plan or the Florida Prepaid College program is exempt from creditor claims against the participant, purchaser, owner, contributor, or beneficiary.⁴

The cash surrender value of any life insurance policy on the life of a Florida citizen or resident is fully exempt, with no cap. Annuity proceeds issued to Florida residents get the same treatment.⁵ The one exception is a policy or annuity you specifically pledged to a creditor, such as collateral for a loan; that creditor can still reach it.

Car and Personal Property

The Florida Constitution exempts up to $1,000 in personal property for every resident, covering ordinary belongings like furniture, electronics, and clothing.¹ If you don’t claim the homestead exemption on real property, the personal property number jumps to $4,000. That expanded amount works as a wildcard: you can apply it to any personal property you choose.⁶

A single motor vehicle is exempt up to $5,000 of your interest in it.⁶ That measures equity, not sticker price. A $15,000 car with a $12,000 loan leaves $3,000 in equity, which fits inside the cap. Professionally prescribed health aids for you or a dependent are fully exempt no matter their value.

Tenancy by the Entireties

Married couples get an additional protection that sits outside Chapter 222 but works alongside it. Property held as tenants by the entireties cannot be reached by a creditor of only one spouse, because neither spouse holds a separate, divisible interest. Only creditors of both spouses jointly can attach entireties property.

This covers real estate, bank accounts, and other assets held jointly by the couple. For a family home, it stacks on top of the homestead exemption. For non-homestead assets, it may be the only shield available. The IRS, however, is not bound by this state-law protection and can pursue one spouse’s interest in entireties property to satisfy a federal tax debt.

Where the Protection Stops

The exemptions are broad, but several categories of debt go right through them.

The Florida Constitution itself carves three exceptions out of the homestead exemption:¹

Unpaid property taxes and assessments on the homestead itself.
The mortgage used to buy the home, a home equity loan for repairs, or a contractor’s lien for work on the property.
Mechanic’s liens and similar claims for labor performed on the land or structures.

Any lien recorded against the property before it became your homestead also survives. You cannot buy a property that already has a judgment lien attached and then make it disappear by moving in.

Support obligations are murkier. The constitutional text does not list child support or alimony as homestead exceptions, and the Florida Supreme Court has not definitively resolved whether an equitable lien for unpaid support can be imposed on homestead property. Appellate courts have allowed such liens where there was egregious conduct or fraud. For personal property, the statute is clearer: the $4,000 wildcard and the earned income credit exemption do not apply to child support or spousal support debts.⁶

Federal claims ignore state exemptions almost entirely. The IRS can place a lien on all your property and rights to property, including your homestead, retirement accounts, and entireties property.⁷ For defaulted federal student loans, the Department of Education can administratively garnish up to 15% of disposable pay regardless of head-of-family status; borrowers who did not enter a rehabilitation program or compliant repayment plan by the end of 2025 became subject to this garnishment starting in early 2026. Social Security benefits are generally exempt from garnishment, but federal law allows withholding for child support, alimony, and restitution.⁸

Bankruptcy adds another wrinkle. Florida lets filers use state exemptions instead of the federal schedule, which is generally better for homeowners. But if you acquired your homestead within 1,215 days (roughly three years and four months) before filing, federal bankruptcy law caps the homestead exemption at $214,000 regardless of the home’s actual value. The cap does not apply if you rolled equity from a previous Florida homestead into the current one during that period.

Finally, moving assets around to defeat a specific creditor can backfire. Section 222.30 makes it a fraudulent asset conversion to turn non-exempt property into exempt property with the intent to hinder, delay, or defraud a creditor. A court finding fraud can unwind the transaction, enjoin further conversions, and let the creditor levy on the converted asset or its proceeds. A creditor has four years from the date of the conversion to sue.⁹ The distinction between legitimate planning and fraud comes down to timing and intent. Moving assets into exempt categories well before any creditor problem exists is generally defensible; doing it after a lawsuit is filed or a debt is in default invites scrutiny.

How to Actually Claim the Exemption

These protections do not activate on their own. You have to assert them, and the deadlines are short.

Designating the Homestead

Before any creditor shows up, you can record a written statement with the circuit court describing the property and declaring it your homestead.¹⁰ It’s a cheap, proactive step that puts the claim on the public record.

If a levy has already landed and you never recorded a designation, you can still assert the exemption by notifying the levying officer in writing, under oath, identifying the homestead property. That notice must be delivered before the scheduled sale date.¹¹ Miss it, and the sale proceeds.

Personal Property: 15 Days

If a creditor levies on your personal property, you have 15 days from the date of the levy to claim exemptions. The process requires an inventory of all personal property you own in Florida, each item’s fair market value, and a sworn affidavit certifying the inventory is complete and accurate. You then designate the items you’re claiming as exempt. The original goes to the court that issued the writ, with copies to the creditor and the sheriff. The creditor has five days to object; if none is filed, the court recognizes the exemption and the sheriff returns the property.¹² Blow the 15-day window and you can lose property you were entitled to keep.

1
Florida Center for Instructional Technology. Constitution of the State of Florida – Article X – Section: Homestead; Exemptions
2
Online Sunshine. Florida Code 222.11 – Exemption of Wages From Garnishment
3
Florida Senate. Florida Code 222.21 – Exemption of Pension Money and Certain Tax-Exempt Funds or Accounts From Legal Processes
4
Online Sunshine. Florida Code 222.22 – Exemption of Qualified Tuition Programs From Legal Process
5
Justia Law. Florida Code 222.14 – Exemption of Cash Surrender Value of Life Insurance Policies and Annuity Contracts From Legal Process
6
Online Sunshine. Florida Code 222.25 – Other Individual Property of Natural Persons Exempt From Legal Process
7
Office of the Law Revision Counsel. 26 USC 6321 – Lien for Taxes
8
Social Security Administration. Can My Social Security Benefits Be Garnished or Levied
9
Florida Senate. Florida Code 222.30 – Fraudulent Asset Conversions
10
Online Sunshine. Florida Code 222.01 – Designation of Homestead by Owner Before Levy
11
Online Sunshine. Florida Code 222.02 – Designation of Homestead After Levy
12
Online Sunshine. Florida Code 222.061 – Method of Exempting Personal Property; Inventory