CopyCited 19 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686
...Second, we note that the Legislature elsewhere in the Florida Statutes has chosen to exempt several funds from garnishment, including the cash surrender value of life insurance, see §
222.14, Fla. Stat. (2007); disability income benefits, see §
222.18, Fla. Stat. (2007); firefighters pension benefits, see §
175.241, Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 1991 WL 78756
...In June of that year, the Board of Trustees moved to dissolve the order on the grounds that 1) the terms of the city pension contract [1] ratified by special act, chapter 74-613, section 3, Laws of Florida, prohibits the garnishment of pension benefits for debt or other legal process; and 2) the order violates section 175.241, Florida Statutes (1987), [2] which exempts municipal firefighters' pension benefits from legal process....
...ns Administration disability, and unemployment compensation benefits are excluded from this definition." The court reasoned that section
61.1301, which provides for the entry of income deduction orders, was enacted subsequently to chapter 74-613 and section
175.241 and therefore because of the irreconcilable conflict between the provisions, the latest expression of legislative intent should control....
...Finding that section
61.1301 does not address the exemption from garnishment of such benefits "or otherwise demonstrate legislative intent to repeal the special act,"
563 So.2d at 1112, the district court concluded that the special act controls. The district court further concluded that section
175.241, a general law that specifically covers the subject, must control over section
61.1301, a general law that is general in its coverage....
...301 AND
61.046(4), WHICH, RESPECTIVELY, MANDATE THE ENTRY OF INCOME DEDUCTION ORDERS FOR COURT-ORDERED ALIMONY AND CHILD SUPPORT AND DEFINE THE "INCOME" SUBJECT TO SUCH ORDERS, IMPLICITLY REPEAL THE PROVISIONS OF CHAPTER 74-613, LAWS OF FLORIDA, AND SECTION
175.241 THAT WOULD PROHIBIT SUCH GARNISHMENT *153 OF A FIREFIGHTER'S PENSION BENEFITS? We answer in the affirmative....
...cluded from this definition of income. (Emphasis added.) Based on the following construction of section
61.046(4), we find an irreconcilable conflict between the income deduction provisions of chapter 61 and the provisions of both chapter 74-613 and section
175.241 that would exempt firefighters' pension benefits from income deduction....
...termine that general act impliedly repealed a special or local one). Based on this clear legislative intent that section
61.046(4) serve as a complete statement of what "income" can be reached by a chapter 61 deduction order, both chapter 74-613 and section
175.241 are repealed to the extent that they exempt firefighters' pension benefits from such orders....
...It is so ordered. SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES and HARDING, JJ., concur. NOTES [1] Section 18 of the pension contract provides: No pension provided for herein shall be assignable or subject to garnishment for debt or other legal process. [2] Section 175.241, Florida Statutes (1987), which pertains to municipal firefighters' pension trust funds, provides in pertinent part: The pensions, annuities, or other benefits accrued or accruing to any person under the provisions of this act ......
CopyCited 7 times | Published | United States Bankruptcy Court, S.D. Florida. | 6 Fla. L. Weekly Fed. B 345, 1992 Bankr. LEXIS 2104
...of Trustees,
580 So.2d 151 (Fla.1991), the Supreme Court of Florida held that Fla.Stat. §§
61.1301 and
61.046(4), "which, respectively, mandate the entry of income deduction orders for court-ordered alimony and child support and define the `income' subject to such orders, implicitly repeal" Fla.Stat. §
175.241. Florida Statute §
175.241 is virtually identical to Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4627, 1990 WL 89752
...In June 1988, the appellant moved to dissolve the income deduction order on the ground that the terms of the city’s pension contract ratified by special act 74-613 prohibited the garnishment of pension benefits for debt or other legal process. Further, the appellant asserted that the income deduction order violates section 175.241, Florida Statutes (1987) which provides: “The pensions, annuities, or other benefits accrued or accruing to any persons under the provisions of this chapter ......
...The trial court denied the motion on the ground that section
61.1301, Florida Statutes (1987), which provides for the entry of income deduction orders once an obligation to pay alimony or child support has been established, was enacted subsequently to section
175.241 and therefore the conflicting provisions in section
61.1301 should prevail....
...Section
61.1301, which was enacted in 1986, does not address the exemption from garnishment of retirement or disability proceeds under the firemen’s and policemen’s funds or otherwise demonstrate legislative intent to repeal the special act. Further, section
61.1301 conflicts with section
175.241, both of which are general acts of the legislature....
