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Florida Statute 222.11 | Lawyer Caselaw & Research
F.S. 222.11 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XV
HOMESTEAD AND EXEMPTIONS
Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS
View Entire Chapter
F.S. 222.11
222.11 Exemption of wages from garnishment.
(1) As used in this section, the term:
(a) “Earnings” includes compensation paid or payable, in money of a sum certain, for personal services or labor whether denominated as wages, salary, commission, or bonus.
(b) “Disposable earnings” means that part of the earnings of any head of family remaining after the deduction from those earnings of any amounts required by law to be withheld.
(c) “Head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent.
(2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment.
(b) Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing. The agreement to waive the protection provided by this paragraph must:
1. Be written in the same language as the contract or agreement to which the waiver relates;
2. Be contained in a separate document attached to the contract or agreement; and
3. Be in substantially the following form in at least 14-point type:

IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM GARNISHMENT.

  (Consumer’s Signature)    (Date Signed)  

I have fully explained this document to the consumer.

  (Creditor’s Signature)    (Date Signed)  

The amount attached or garnished may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

(c) Disposable earnings of a person other than a head of family may not be attached or garnished in excess of the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.
(3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.
History.s. 1, ch. 2065, 1875; RS 2008; GS 2530; RGS 3885; CGL 5792; s. 1, ch. 81-301; s. 6, ch. 85-272; s. 2, ch. 93-256; s. 1, ch. 2010-97.

F.S. 222.11 on Google Scholar

F.S. 222.11 on Casetext

Amendments to 222.11


Arrestable Offenses / Crimes under Fla. Stat. 222.11
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.11.



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. KANE, N. P. A. v. STEWART TILGHMAN FOX BIANCHI, P. A. a C. P. A. a S. P. A. a, 197 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . . § 222.11(2). . . . Under section 222.11(2), “disposable earnings of a head of family” under $750 per week, are exempt from . . . “To decide whether monies from employment qualify for the section 222.11(2)(b) exemption, the relevant . . . Stat. § 222.11.” (quoting In re McDermott, 2011 WL 740727, at *2 (Bankr.M.D.Fla.2011))). . . . natural person who is providing more than one-half of the support for a child or other dependent.” § 222.11 . . .

In TOBKIN, v., 638 F. App'x 822 (11th Cir. 2015)

. . . Stat. § 222.11. Whether the funds are exempt as “earnings” under Fla. . . . . § 222.11 is a question of law that we review de novo. . . . Stat. § 222.11, “we look to the decisions of the state’s courts.” . . . Stat. § 222.11(1)(a). . . . Stat. § 222.11). Federal courts interpreting Fla. Stat. § 222.11 have held the same. . . .

In TOBKIN, v., 638 F. App'x 822 (11th Cir. 2015)

. . . . § 222.11 is a question of law that we review de novo. . . . Stat. § 222.11, “we look to the decisions of the state’s courts.” . . . Stat. § 222.11(l)(a). . . . Stat. § 222.11). Federal courts interpreting Fla. Stat. § 222.11 have held the same. . . . Stat. § 222.11). . In Bonner v. . . .

MILJKOVIC, v. SHAFRITZ AND DINKIN, P. A. A., 791 F.3d 1291 (11th Cir. 2015)

. . . . § 222.11. . . . Stat. § 222.11(1)(c) (defining the "head of family” as "any natural person who is providing more than . . .

A. HART L. v. WACHOVIA BANK, NATIONAL ASSOCIATION, a, 159 So. 3d 244 (Fla. Dist. Ct. App. 2015)

. . . alleging he was the head of a family and therefore was exempt from garnishment pursuant to section 222.11 . . . Section 222.11, Florida Statutes (2005), provides in pertinent part: (2)(b) Disposable earnings of a . . . Hart “agreed otherwise in writing” to garnishment as required by section 222.11, when he signed the Guaranty . . . In that case, the court briefly described section 222.11(2)(b), Florida Statutes (1993), as providing . . . Appellants argue that the 2013 version of section 222.11 containing the 2010 amendments is the statute . . .

J. ULISANO, v. ULISANO, III a k a, 154 So. 3d 507 (Fla. Dist. Ct. App. 2015)

. . . Section 222.11, Florida Statutes (2013), provides a garnishment exemption for the head of a family. . . . than $750 per week, unless the debtor agrees to waive the protection from garnishment in writing. § 222.11 . . . Prior to 1993, section 222.11 included the following language: No writ of attachment or garnishment or . . . The current version of section 222.11 refers to the “head of a family” without geographical limitation . . . In construing section 222.11, “our first obligation is to give the words used by the legislature their . . .

IN RE CHESLEY, v. K., 526 B.R. 888 (M.D. Fla. 2014)

. . . . §§ 222.14 and 222.11, which ..are inapplicable to the present action. . . .

IN RE G. HERMAN, CIB LLC, CIB N. A. A. G. v. G., 495 B.R. 555 (Bankr. S.D. Fla. 2013)

. . . the $39,000.00 on deposit in the Paradise Bank account as exempt on Schedule C pursuant to section 222.11 . . .

IN RE IM, a k a I,, 495 B.R. 46 (Bankr. M.D. Fla. 2013)

. . . . § 222.11(l)(a). . . . The SunTrust Account The Debtor claimed the SunTrust Account as exempt pursuant to § 222.11(2)(a) of . . . The term “earnings” is defined in § 222.11(l)(a) as follows: 222.11. . . . Stat. § 222.11(1)(a)(Emphasis supplied). . . . Stat. § 222.11(l)(a). . . .

DRAGOVICH V. G. v. UNITED STATES DEPARTMENT OF TREASURY, 872 F. Supp. 2d 944 (N.D. Cal. 2012)

. . . . §§ 219.30 and 222.11 (benefits under the Railroad Retirement Act)). . . .

USAMERIBANK, a v. KLEPAL, Jr. CB, 100 So. 3d 56 (Fla. Dist. Ct. App. 2011)

. . . Klepal included an agreement for the garnishment of his disposable earnings in accordance with section 222.11 . . . Klepal] consented, in accordance with § 222.11, Fla. . . . DISCUSSION Section 222.11 addresses the issue of the exemption of wages from attachment or garnishment . . . Under section 222.11(2)(a), all of the disposable earnings of a head of a family less than or equal to . . . Effective October 1, 2010, the legislature amended section 222.11(2)(b) to add specific requirements . . . Section 222.11(1)(c) defines head-of-family as any person who provides for more than one-half of the . . . The majority concludes that the reference to section 222.11 in the garnishment sentence authorizes a . . . notes that Klepal’s consent to the issuance of the writ of garnishment is “in accordance with Section 222.11 . . . provides that the parties intend that the issuance of such writ would be in accordance with section 222.11 . . .

In COOK, Jr., 454 B.R. 204 (Bankr. N.D. Fla. 2011)

. . . . § 222.11(2)(b) (2011). Fla. . . . Stat. § 222.11 prevents the Trustee from having any interest in the Mr. Cook’s earnings from D & G. . . . within the definition of “earnings” as it is defined in § 222.11(l)(a). . . . Stat. § 222.11(l)(a) (2011). . . . Stat. § 222.1 l(l)(c) and that his wages are thus protected § 222.11 (2)(b). . . . .

In NEW RIVER DRY DOCK, INC., 461 B.R. 642 (Bankr. S.D. Fla. 2011)

. . . . § 222.11(b) plainly did not apply. . . . Stat. § 222.11(b) refers to garnishment and attachment and is utterly inapplicable to court orders sequestering . . .

In SW BOSTON HOTEL VENTURE LLC,, 449 B.R. 156 (Bankr. D. Mass. 2011)

. . . Likewise, it projected RevPar would increase to $222.11 in 2014. . . .

In PYATTE J. A. K. A., 440 B.R. 893 (Bankr. M.D. Fla. 2010)

. . . . § 222.11(2)(b), the statute that provides an exemption for certain wages. D. . . .

GILL v. OFFICE OF PERSONNEL MANAGEMENT,, 699 F. Supp. 2d 374 (D. Mass. 2010)

. . . . §§ 219.30 and 222.11 (Railroad Retirement Board); 38 C.F.R. § 3.1(j) (Veterans’ Pension and Compensation . . .

In WHITE, 455 B.R. 241 (Bankr. M.D. Fla. 2010)

. . . Section 222.11. . . . Section 222.11. 5. The Debtors are not entitled to the $2,000.00 Fla. Stat. . . .

CULLEN, III, v. H. MARSH,, 34 So. 3d 235 (Fla. Dist. Ct. App. 2010)

. . . BOA writ claiming, in part, that the money in the account was exempt from garnishment under sections 222.11 . . . (2)(c) and 222.11(3) of the Florida Statutes (2008). . . . Third, Marsh’s claim that the funds held by BOA are exempt from execution under sections 222.11(2)(c) . . . and 222.11(3) of the Florida Statutes does not contradict Patch-ett’s “claim” that she holds an unsatisfied . . . DCA 2002) (finding that the judgment debtor bore the burden of proving his entitlement to the section 222.11 . . .

In McDERMOTT, 425 B.R. 848 (Bankr. M.D. Fla. 2010)

. . . The debtors claim an exemption under Florida Statute Section 222.11 for funds they contend represent . . . The Chapter 7 trustee objects, arguing the debtors cannot claim exemption under Section 222.11 because . . . McDermott is a head of family as defined in Section 222.11(l)(c). . . . McDermott received from GLR qualify as “earnings” under Section 222.11(l)(a). . . . The amount of $54,079.59 is not exempt from claims of creditors under Section 222.11. . . .

In J. HOLMES,, 414 B.R. 868 (Bankr. S.D. Fla. 2009)

. . . The Chapter 7 Trustee objects to the claimed exemption pursuant to Florida Statute § 222.11 [DE 25, at . . . Are tips and gratuities considered “earnings” within the meaning of Florida Statute § 222.11 when they . . . The relevant portions of Florida Statute § 222.11 “Exemption of wages from garnishment” are: (1) As used . . . Ann. § 222.11 (West 2009) (emphasis added). . . . Stat. § 222.11). . . .

In LAMB, v. III, P. A., 409 B.R. 534 (Bankr. N.D. Fla. 2009)

. . . support for a child or other dependant,” as is required to be identified as head of family under section 222.11 . . . Crews, supra at 6-l(§ 6.27) (noting that prior to October 1, 1993, section 222.11 provided that all wages . . .

In WEINSHANK,, 406 B.R. 413 (Bankr. S.D. Fla. 2009)

. . . Stat. § 222.11(2)(c), Art. 10 § 4(a)(2), and Fla. Stat. § 222.061. . . . Stat. § 222.11 (2009). . . . Stat. § 222.11(2) and (3) is unambiguous with regard to the dispute in this case. . . . Stat. § 222.11 does not lead to an absurd result. . . . Stat. § 222.11 (1992). . . .

NORTH STAR CAPITAL ACQUISITIONS, LLC, v. S. KRIG, v. C. v. B., 611 F. Supp. 2d 1324 (M.D. Fla. 2009)

. . . Defendant(s) hereby agree(s) to waive any garnishment defenses that are waivable under Florida Statute 222.11 . . .

In A. MORINE,, 391 B.R. 480 (Bankr. M.D. Fla. 2008)

. . . Stat. 222.11, dealing with the wage earner exemption. In her Amended Objection (Doc. . . .

In STEVENSON,, 374 B.R. 891 (Bankr. M.D. Fla. 2007)

. . . the originally listed amount of $4,945.00, and claiming the new balance as exempt pursuant to Chapter 222.11 . . . , the Trustee claims that in any event the Debtor is not the head of a family as defined in Chapter 222.11 . . . Ann. § 222.11 (2007). . . . Ann. § 222.11(l)(c) (2007). . . . Ann. § 222.11 (2007). . . .

CADLE COMPANY, FDIC, N. A. v. PEGASUS RANCH, INC. R. L., 920 So. 2d 1276 (Fla. Dist. Ct. App. 2006)

. . . garnishees, Ponsoldt claimed an exemption for wages owed to him as “head of family,” pursuant to section 222.11 . . . Section 222.11 establishes the “head of family” exemption. § 222.11(l)(c), (2)(a) & (b), (3), Fla. . . .

In J. SINCLAIR, S. v. J., 417 F.3d 527 (5th Cir. 2005)

. . . . § 222.11(3). . . .

In J. SINCLAIR, S. v. J., 417 F.3d 527 (5th Cir. 2005)

. . . . § 222.11(3). . . .

M. KARWOSKI, v. STATE, 867 So. 2d 486 (Fla. Dist. Ct. App. 2004)

. . . Since it is also our obligation to construe section 222.11 liberally in favor of the debtor, it is reasonable . . .

L. CRAWFORD, v. CITY NATIONAL BANK, 851 So. 2d 897 (Fla. Dist. Ct. App. 2003)

. . . See § 222.11(l)(c), Florida Statutes (2002); Mazzella v. . . .

BROCK, v. WESTPORT RECOVERY CORPORATION,, 832 So. 2d 209 (Fla. Dist. Ct. App. 2002)

. . . We affirm the trial court’s finding the “head of family” exemption under section 222.11, Florida Statutes . . . Brock filed a motion to dissolve the writ of garnishment, a claim for exemption under section 222.11, . . . Under section 222.11(2)(b), “[disposable earnings of a head of family, which are greater than $500 a . . . Section 222.11(l)(a), states that “ ‘[e]arnings’ includes compensation, paid or payable, in money of . . . To decide whether monies from employment qualify for the section 222.11(2)(b) exemption, the relevant . . .

In SANDERSON,, 283 B.R. 595 (Bankr. M.D. Fla. 2002)

. . . Prior to June 1, 2001, refunds were claimed as exempt under Florida Statute § 222.11, on the theory that . . . The claim under consideration is not claimed under Florida Statute § 222.11 but under Florida Statute . . . so because there is no statutory cap placed on wages of head of household under Florida Statutes § 222.11 . . .

In GREEN, M. J. E. v. M. J. E. v. M. J., 268 B.R. 628 (Bankr. M.D. Fla. 2001)

. . . Those statutes and their captions provide, in relevant part: 222.11. . . .

In D. SMITH, K. v. D., 263 B.R. 910 (Bankr. M.D. Fla. 2001)

. . . Although not exempt as wages within the meaning of Section 222.11, Florida Statutes, alimony payments . . .

In LAWTON,, 261 B.R. 774 (Bankr. M.D. Fla. 2001)

. . . options are exempt wages and are not property of his Chapter 7 estate pursuant to Florida Statute § 222.11 . . . the Debtor is not single and is not the “head of family” as that term is defined in Florida Statute § 222.11 . . . Florida Statute § 222.11 does not apply. . . .

WINDSOR- THOMAS GROUP, INC. v. PARKER, 782 So. 2d 478 (Fla. Dist. Ct. App. 2001)

. . . .; § 222.11, Fla.Stat. (1999); Orange Brevard Plumbing & Heating Co. v. . . .

M. RUDD, v. FIRST UNION NATIONAL BANK OF FLORIDA, FL,, 761 So. 2d 1189 (Fla. Dist. Ct. App. 2000)

. . . pursuant to section 222.12, Florida Statutes, he was exempt from garnishment of wages pursuant to sections 222.11 . . . plaintiff, we hold that a defendant’s assertion of the exemptions from garnishment contained in sections 222.11 . . .

CADLE COMPANY, v. G G ASSOCIATES L., 757 So. 2d 1278 (Fla. Dist. Ct. App. 2000)

. . . employr er as compensation for his services, and that he was a “head of family” as defined in section 222.11 . . . Grieco’s affidavit that the monies garnished were exempt as earnings as’ that term is defined in section 222.11 . . . /or personal services or labor.” § 222.11(l)(a), Fla. Stat. (1999) (emphasis added). . . . Thus, Grieco’s head of household affidavit under section 222.11 may not exempt all the “other monies” . . .

In MIX,, 244 B.R. 877 (Bankr. S.D. Fla. 2000)

. . . As support for its conclusion, the Bro-ward court noted that the legislature had twice amended § 222.11 . . . that its construction of Section 440.22 was consistent with the legislature’s treatment of Section 222.11 . . . reasoned that the legislature had neglected to amend Section 440.22 in a similar manner as Section 222.11 . . . compensation lump sum settlement [sic] were exempt from the claims of creditors as it was consistent with § 222.11 . . . the Trustee is proposing that since the Broward court compared the legislative intent behind Section 222.11 . . .

In MOODY D., 241 B.R. 238 (Bankr. M.D. Fla. 1999)

. . . However, a tax refund of withheld wages is not exempt pursuant to § 222.11, Florida’s wage exemption . . .

SUNSHINE RESOURCES, INC. a v. SIMPSON, LTS T. K., 763 So. 2d 1078 (Fla. Dist. Ct. App. 1999)

. . . Sunshine contends the Hooley Settlement proceeds were not exempt from execution as wages under section 222.11 . . . We hold that the issue of the exemption pursuant to section 222.11 was tried by consent of the parties . . . trial court’s conclusion that the Hooley Settlement proceeds were exempt as wages pursuant to section 222.11 . . . See § 222.11(3), Fla. Stat. Sunshine cites Ellis Sarasota Bank & Trust Co. v. . . . Fla. 2d DCA 1982), and argues that even if the Hooley Settlement proceeds were exempt under section 222.11 . . . acknowledges that the debtor’s assertion that these proceeds were exempt from levy and execution under section 222.11 . . . See § 222.11(2)(a), Fla. . . . Section 222.11(2) exempts money paid for labor or personal services, and does not extend to the deferred . . . sum settlement of a lawsuit in reality constituted disposable earnings within the meaning of section 222.11 . . .

CADLE COMPANY, v. G G ASSOCIATES,, 737 So. 2d 1136 (Fla. Dist. Ct. App. 1999)

. . . dissolve the writ of garnishment, claiming that he was a “head of family” within the meaning of section 222.11 . . . consented in writing to his wages being garnished; and that he was the “head of a household” under section 222.11 . . .

HILL, v. HAYWOOD,, 735 So. 2d 539 (Fla. Dist. Ct. App. 1999)

. . . Section 222.11(2)(b), Florida Statutes (1997), provides that the disposable earnings of a family head . . . of family” as one “who provides more than one-half of the support for a child or other dependent.” § 222.11 . . .

C. VINING, Jr. v. I. SEGAL, K., 731 So. 2d 826 (Fla. Dist. Ct. App. 1999)

. . . Segal moved to dissolve the writ, asserting that under section 222.11, Florida Statutes (1997), the funds . . . Under section 222.11(2), the determination of whether Segal’s accounts are exempt from garnishment hinges . . . on whether the account monies represent Segal’s “earnings” for his “personal services or labor.” § 222.11 . . .

In E. BRANSCUM, L., 229 B.R. 32 (Bankr. M.D. Fla. 1999)

. . . Stat § 222.11, the wage exemption Statute. . . . Florida Statute § 222.11, entitled Exemption of Wages From Garnishment, provides in pertinent part: ( . . . Stat. § 222.11. Relying on Refco Inc. v. . . . Stat. § 222.11 See e.g. . . . Stat. § 222.11. . . .

In E. SLUIS, P., 228 B.R. 775 (Bankr. M.D. Fla. 1998)

. . . these funds are accumulated head of household wages and thus, exempt pursuant to Florida Statutes § 222.11 . . .

In N. BRADDY M., 226 B.R. 478 (Bankr. N.D. Fla. 1998)

. . . See § 222.11, Fla. Stat. (1998). . . . Florida exempts wages from garnishment in Florida Statutes § 222.11. See § 222.11, Fla. . . . See § 222.11(2)(a), Fla. Stat. . . . As such, he was not entitled to the protection of § 222.11. . . . Brad-dy’s bankruptcy estate, and he cannot exempt them under § 222.11. . . .

In PETTIT, III, 224 B.R. 834 (Bankr. M.D. Fla. 1998)

. . . In Houser, the court interpreted the predecessor to § 222.11. . . . In October 1993, § 222.11 was amended. . . . Ann. § 222.11 (West 1998). . . . Fla.Stat.Ann. § 222.11 (West 1998). . . . Fla.Stat.Ann. § 222.11 (West 1992) . . . .

L. LINDSAY, v. UNITED STATES, 41 Fed. Cl. 388 (Fed. Cl. 1998)

. . . The adjustment included a lump sum payment of $222.11 for past performance and an additional $755.93 . . .

In LAWRENCE d b a d b a d b a LAWRENCE, v. P. JAHN,, 219 B.R. 786 (E.D. Tenn. 1998)

. . . . § 222.11, to add language expressly exempting wages received by debtors and deposited into debtors’ . . .

In LAZIN,, 217 B.R. 332 (Bankr. M.D. Fla. 1998)

. . . . § 222.11 to support the argument that these accumulated funds are not exempt. . . . . § 222.11 exempts wages received by the head of the family from attachment or garnishment. . . .

In H. WILBUR, 217 B.R. 314 (Bankr. M.D. Fla. 1998)

. . . Statutes Principal Mutual Annuity N/A Insurance Policies with: § 222.11 Fla. . . . Statutes New York Life $11,090 § 222.11 Fla. Statutes Mass. Mutual $ 60,341 § 222.11 Fla. . . . Statutes Prudential Life $ 12,000 § 222.11 Fla. . . .

In J. STROUP J., 221 B.R. 537 (Bankr. M.D. Fla. 1997)

. . . No. 7), the Debtors claimed an exemption pursuant to Florida Statute Section 222.11 of an unknown value . . . Second, Florida Statute Section 222.11 does not exempt deferred compensation. . . . Exemption under Florida Statute Section 222.11 for Deferred Compensation. . . . In this case, the Debtors are claiming an exemption pursuant to Florida Statute Section 222.11 which . . . Although Florida Statute Section 222.11 was amended in 1993, prior ease law interpreting the type of . . .

In HARRISON,, 216 B.R. 451 (S.D. Fla. 1997)

. . . Stat. § 222.11. . . . The relevant State statute at issue in the case at bar is Florida Statute § 222.11 entitled “Exemption . . . Fla.Stat. 222.11 (1995). The debtor has the burden of proving entitlement to an exemption. . . . This Court finds that the Deferred Wages are not exempt under Florida Statute § 222.11. . . . DONE AND ORDERED. . § 222.11 was amended effective October 1, 1993. . . .

In RYZNER D., 208 B.R. 568 (Bankr. M.D. Fla. 1997)

. . . In 1985, however, the Legislature amended section 222.11 by adding an additional sentence which provided . . . Stat. § 222.11 (1989). . . . Further, in 1993, the Legislature again amended section 222.11 to provide that the funds are exempt for . . . Stat. § 222.11 (1993). . . . Stat. § 222.11 (1983), especially the cases which construed the statute prior to its amendment. . . .

BROWARD, v. JACKSONVILLE MEDICAL CENTER,, 690 So. 2d 589 (Fla. 1997)

. . . of appeal was influenced in its decision by the legislative history of the wage exemption in section 222.11 . . . In 1985, the legislature expanded the exemption in section 222.11 by adding an additional sentence, which . . . account maintained by the debtor when said funds can be traced and properly identified as wages.” § 222.11 . . . In 1993, the legislature again amended section 222.11 to provide that the funds are exempt for six months . . . The legislative history of section 222.11 does not draw us to the same conclusion. . . . I also agree with the courts below that the language of section 222.11 is persuasive in the instant case . . . Section 222.11 clearly shows that the legislature can create such an exemption and spell out its parameters . . .

In H. WILBUR,, 206 B.R. 1002 (Bankr. M.D. Fla. 1997)

. . . . § 222.11. (Id.). . . .

In COLTELLARO,, 204 B.R. 640 (Bankr. S.D. Fla. 1997)

. . . award which constitutes either wages or maintenance and cure is exempt pursuant to Florida Statute 222.11 . . . FLORIDA STATUTE § 222.11 The Debtor further claims that any award for either wages or maintenance and . . . cure is exempt pursuant to Florida Statute § 222.11. . . . Florida Stat. 222.11(2)(a) (1996). . . . Stat. § 222.11 and any future wages recovered are not property of the Debtor’s estate. 4. . . .

In D. ALLEN,, 203 B.R. 786 (Bankr. M.D. Fla. 1996)

. . . . § 222.11 because those funds were not wages and were never declared as such on Debtor’s tax returns . . .

In J. LEE, E. a k a E., 204 B.R. 78 (Bankr. M.D. Fla. 1996)

. . . employee, and thus do not qualify for the wage exemption allowed a head of household pursuant to Fla.Stat. 222.11 . . . the earnings of an independent contractor is within the scope of the exemption granted by Fla.Stat. § 222.11 . . . 928 (Bankr.M.D.Fla.1987) the Court held that “The payment of wages to an employee are exempt under § 222.11 . . . So.2d 75 (Fla. 3d DCA 1986) in which the District Court of Appeals considered the applicability of § 222.11 . . . an additional support for this conclusion, the Schlein Court also relied on the 1985 amendment to § 222.11 . . .

BROWARD, v. JACKSONVILLE MEDICAL CENTER, INC. a, 673 So. 2d 962 (Fla. Dist. Ct. App. 1996)

. . . Prior to 1985, section 222.11 provided that no writ of attachment or garnishment or other process would . . . Thereafter, the Legislature twice amended section 222.11. . . . . § 222.11(3), Fla.Stat. (1993). . . . We are constrained, however, by the Florida decisions interpreting the previous version of section 222.11 . . . Moreover, we note that the six-month limitation inserted by the Legislature when it amended section 222.11 . . .

In LEE, J. E. a k a E., 190 B.R. 953 (Bankr. M.D. Fla. 1995)

. . . . § 222.11, renewal commissions that J. Norris Lee (Debtor) earned as an insurance agent. . . . and, thus, do not qualify for the wage exemption accorded to a head of household under Fla.Stat.. § 222.11 . . . Fla.Stat. § 222.11(3). See In re Zamora, 187 B.R. 783 (Bankr.S.D.Fla.1995). . . . Prior to the amendment, § 222.11 exempted "money due for personal labor and services,” as compared to . . . Fla.Stat. § 222.11 (1991). . . . .

In M. BEMISH,, 200 B.R. 408 (Bankr. M.D. Fla. 1995)

. . . the cash held by Chapter 7 Trustee in the amount of $5,786.38 was exempt wages pursuant to chapter 222.11 . . .

In R. G. ZAMORA,, 187 B.R. 783 (Bankr. S.D. Fla. 1995)

. . . . § 222.11. Therefore, the Trustee’s objection will be sustained. . . . Zamora qualifies as “Head of Family” under Fla.Stat. § 222.11(l)(c) for the two years prior to the Filing . . . United National Bank checking account as exempt earnings for personal services pursuant to Fla.Stat. § 222.11 . . . DISCUSSION Section 222.11, Fla.Stat., entitled “Exemption of Wages from Garnishment” provides in relevant . . . in Manning, including In re Schlein, 8 F.3d 745 (11th Cir.1993), are no longer controlling since § 222.11 . . .

In A. CORDERO, 185 B.R. 882 (Bankr. M.D. Fla. 1995)

. . . In 1993, the Florida Legislature amended Section 222.11, Fla.Stat., providing additional exemptions, . . .

J. WILLIAMS, III, v. ESPIRITO SANTO BANK OF FLORIDA,, 656 So. 2d 212 (Fla. Dist. Ct. App. 1995)

. . . Section 222.11(2)(b), Florida Statutes (1993), provides that the head of a family is exempt from garnishment . . .

In PUFF N STUFF OF WINTER PARK, INC. F. B., 183 B.R. 959 (Bankr. M.D. Fla. 1995)

. . . sovereign immunity regarding garnishment of wages of state and local government employees; (2) Section 222.11 . . .

In G. BRANDON A., 184 B.R. 157 (Bankr. N.D. Fla. 1995)

. . . explained that commissions from an independent contractor are not subject to the wage exemptions in section 222.11 . . .

In ADKINS,, 176 B.R. 58 (Bankr. M.D. Fla. 1995)

. . . . § 222.11 wage exemption by limiting the previously unlimited exemption to the first $500.00 of a debtor . . . Like section 222.25, section 222.11 is subject to the language contained in Section 6. . . .

In JUERGENS,, 176 B.R. 275 (Bankr. M.D. Fla. 1995)

. . . The 1993 act placed certain limitations on the Fla.Stat. 222.11 wage exemption by limiting the previously . . . Like section 222.25, section 222.11 is subject to the language contained in Section 6. . . .

L. BEARDSLEY, v. ADMIRAL INSURANCE COMPANY,, 647 So. 2d 327 (Fla. Dist. Ct. App. 1994)

. . . The debtor also relies on section 222.11, Florida Statutes (1993), although it is not clear that the . . .

In B. PORTER,, 182 B.R. 53 (Bankr. M.D. Fla. 1994)

. . . In 1993, the Florida Legislature amended Section 222.11, FlaStat. (1993) which provided additional exemptions . . . The exemption claimed in the insurance commissions must be analyzed under FlaStat. § 222.11 (1991) which . . . Fla.Stat. § 222.11 (1991). . . . Circuit in In re Schlein, 8 F.3d 745 (11th Cir.1993) determined the exemptions provided in Section 222.11 . . . Stat. § 222.11 (1991), the Debtor is not entitled to exempt commissions earned prior to the filing of . . .

In CONNER,, 172 B.R. 119 (Bankr. M.D. Fla. 1994)

. . . claimed as exempt her personal property pursuant to Article X, § 4 Florida Constitution and Section 222.11 . . . trustee’s objection to the debtor’s claim of exemption for the property settlement pursuant to section 222.11 . . .

PALM COAST RECOVERY CORP. a v. V. CARTER, I,, 638 So. 2d 1003 (Fla. Dist. Ct. App. 1994)

. . . status, the court had rejected a motion for a garnishment judgment for a $60 wage claim, citing section 222.11 . . . employer had indicated that Katie Carter was its employee, but garnishment was denied pursuant to section 222.11 . . .

In A. HANICK M. a k a, 164 B.R. 165 (Bankr. M.D. Fla. 1994)

. . . . § 222.11. . . . Trustee’s contention that the commissions claimed as exempt are not within the exemption of Fla.Stat. § 222.11 . . . agent’s commissions, as compensation to an independent contractor, were not exempt under Fla.Stat. § 222.11 . . .

In RUTENBERG,, 164 B.R. 683 (Bankr. M.D. Fla. 1994)

. . . . § 222.11. . . . Stat. § 222.11. . . . that the Merrill, Lynch account is not a “bank account,” as that term is used in Florida Statute § 222.11 . . . therefore, the funds held within the account cannot be claimed as exempt as wages pursuant to F.S. § 222.11 . . . Florida Statute § 222.11 provides, in pertinent part, as follows: No writ of attachment or garnishment . . .

In MANNING,, 163 B.R. 380 (Bankr. S.D. Fla. 1994)

. . . case (“Debtor”), declared $4200 in a Great Western bank account as exempt under Florida Statutes § 222.11 . . . (“F.S. 222.11”). . . . DISCUSSION The issue before the Court is whether the money in the bank account is exempt under F.S. 222.11 . . .

In SCHLEIN SCHLEIN v. E. MILLS, Jr., 8 F.3d 745 (11th Cir. 1993)

. . . . § 222.11 (West 1989), provides an exemption for that part of a bank account that consists of the earnings . . . conclude that under Florida law, the earnings of an independent contractor are not protected under § 222.11 . . . Stat. § 222.11 which provides: No writ of attachment or garnishment or other process shall issue from . . . The debtor relied on the same Fla.Stat. § 222.11 that is in issue here. . . . Schlein is not entitled to the Fla.Stat. § 222.11 exemption. . . .

In SCHLEIN SCHLEIN v. E. MILLS, Jr., 8 F.3d 745 (11th Cir. 1993)

. . . . § 222.11 (West 1989), provides an exemption for that part of a bank account that consists of the earnings . . . conclude that under Florida law, the earnings of an independent contractor are not protected under § 222.11 . . . Stat. § 222.11 which provides: No writ of attachment or garnishment or other process shall issue from . . . The debtor relied on the same Fla.Stat. § 222.11 that is in issue here. . . . Schlein is not entitled to the Fla.Stat. § 222.11 exemption. . . .

In LANCASTER G., 161 B.R. 308 (Bankr. S.D. Fla. 1993)

. . . refund should be exempt from attachment, garnishment or process pursuant to Florida Statute Section 222.11 . . . Section 222.11 provides in pertinent part: No writ of attachment or garnishment or other process shall . . . of an individual and can be traced to wages, the Debtors argue, the funds are exempt under Section 222.11 . . . B.R. 471 (Bankr.M.D.Fla.1989), the debtor also claimed that his tax refund was exempt under Section 222.11 . . . Statute 222.11 must be construed as written and cannot be extended by judicially legislating an additional . . .

M. REICHENBACH, v. CHEMICAL BANK OF NEW JERSEY,, 623 So. 2d 577 (Fla. Dist. Ct. App. 1993)

. . . Chemical Bank’s garnishment represented his wages, which were exempt from garnishment under sections 222.11 . . . Florida law exempts from garnishment the wages of a head of a household. § 222.11, Fla.Stat. (1991). . . . The purpose of section 222.11 is to protect wages earned by one who at the time relevant is a resident . . .

A. MAZZELLA, M. D. v. P. BOINIS,, 617 So. 2d 1156 (Fla. Dist. Ct. App. 1993)

. . . Section 222.11, Florida Statutes (1991) provides in relevant part: No writ of attachment or garnishment . . . In an apparent attempt to clarify who qualifies for the wage exemption provided by section 222.11, the . . . courts in homestead protection cases to determine the meaning of “head of family” as used in section 222.11 . . . In conclusion, we hold that Mazzella is entitled to the benefit of section 222.11 whether we consider . . . As presently drafted, however, section 222.11 shields the head of a family from garnishment regardless . . .

In FRALEY, a k a, 148 B.R. 635 (Bankr. M.D. Fla. 1992)

. . . A subsequent amendment stated that the funds were also exempt under Fla.Stat. ch. 222.11. . . . exempt status under Fla.Stat. ch. 440.22 and (2) whether the same sum is exempt under Fla.Stat. ch. 222.11 . . . The first basis for debtor’s claim that the funds on deposit are exempt is Fla.Stat. ch. 222.11, which . . . workers’ compensation settlement are not wages and cannot be exempted from the estate under Fla.Stat. ch. 222.11 . . .

In D. WHEAT S. S. XXX- XX- XXXX, 149 B.R. 1003 (Bankr. S.D. Fla. 1992)

. . . . § 522(b) and Florida Statute §§ 185.25 & 222.11. 11 U.S.C. § 541(c)(2) I. . . . Florida Statute § 222.11 Florida Statute § 222.11 (“Exemption of wages from garnishment”) provides: No . . . Stat. § 222.11. . . . . § 222.11 since the Court has determined that the funds in the Debtor’s Plan are not wages, and, the . . . Hence, the Debtor’s interest in his Plan is not exempt pursuant to Fla.Stat. § 222.11. . . .

In PARKER, 147 B.R. 810 (Bankr. M.D. Fla. 1992)

. . . The relevant statute at issue in the case at bar is Fla.Stat. ch. 222.11, which provides: Exemption of . . . him based solely on this services as an employee and the distributions are exempt under Fla.Stat. ch. 222.11 . . . This Court found that Fla.Stat. ch. 222.11 was designed to protect the “fruit of one’s labor for the . . . argues that the reimbursements constitute money paid for services and are exempt under Fla.Stat. ch. 222.11 . . . Stat. ch. 222.11. Thus, such funds are not entitled to exempt status. . . .

In B. GLICKMAN, DDS, L. d b a MDFC EQUIPMENT LEASING CORP. v. B. GLICKMAN, E. D. D. S. P. A., 126 B.R. 124 (Bankr. M.D. Fla. 1991)

. . . . § 222.11. . . . . § 222.11. . . . . § 222.11) is not applicable to money due or paid to independent contractors. . . . The initial analysis then must be the extent of the exemption under F.S. § 222.11. . . . F.S. § 222.11 is not ambiguous and must be read literally. . . .

In A. ROSENQUIST, In J. HARTON, 122 B.R. 775 (Bankr. M.D. Fla. 1990)

. . . Rosenquist also argues that his interest in the Harris Plan is exempt as wages pursuant to Section 222.11 . . . Although Section 222.11 permits the head of a family to exempt his wages, the final sentence of that . . .

In L. MORROW A., 122 B.R. 151 (Bankr. M.D. Fla. 1990)

. . . . §§ 222.11 and 222.14. . . . Next, the Debtors argue that the Plan is exempt pursuant to Fla.Stat. § 222.11 which provides as follows . . .

VETRICK, P. C. v. HOLLANDER, P. O, 566 So. 2d 844 (Fla. Dist. Ct. App. 1990)

. . . Section 222.11, Florida Statutes This section exempts the wages of the head of a family from a writ of . . . The language of this section creates an exception to the section 222.11 head of the family exemption: . . .

In WELCH,, 115 B.R. 374 (Bankr. M.D. Fla. 1990)

. . . . § 222.11 and are subject to the claims of creditors. . . . household which were commingled with those of the non-head of household are not exempt under F.S. § 222.11 . . . The issue in McCafferty and in F.S. § 222.11 is whether funds, which were deposited in a bank account . . . These decisions were before the amendment to F.S. § 222.11. . . . . § 222.11 added the sentence “[tjhis exemption shall apply to any wages deposited in any bank account . . .

In SCHLEIN, 114 B.R. 780 (Bankr. M.D. Fla. 1990)

. . . Section 222.11, Florida Statutes, provides in relevant part: No writ of attachment or garnishment or . . . independent contractor, and the sums in controversy are not exempt wages as contemplated by section 222.11 . . . In so finding the court held that section 222.11, Florida Statutes, would not apply to the funds. . . . The account of debtor Edward Schlein in Barnett Bank are not exempt as wages pursuant to section 222.11 . . .

GIBSON a k a v. BENNETT,, 561 So. 2d 565 (Fla. 1990)

. . . 61.12(1) do not apply to create an exception to the exemption from garnishment provided by section 222.11 . . .

In A. KINDORF, Jr. COMMERCIAL NATIONAL BANK OF PEORIA, v. A. KINDORF, Jr., 105 B.R. 685 (Bankr. M.D. Fla. 1989)

. . . . § 222.11. . . .

In EASTER In S. KRAMER J., 106 B.R. 748 (Bankr. S.D. Fla. 1989)

. . . Florida Statute § 222.11 prohibits attachment or garnishment: “to attach or delay the payment of any . . . Section 222.11 applies only to wages which are owing, Financial & Inv. Planning, Inc. v. . . .

In TRUAX,, 104 B.R. 471 (Bankr. M.D. Fla. 1989)

. . . Debtor in the amount of $3,441.00 for the tax year 1988 is claimed as exempt wages pursuant to Section 222.11 . . . X, Section 4 of the Florida Constitution and Section 222.11 Fla.Stat. (1987). . . . in the amount of $3,441.00 for the tax year 1988 does not constitute wages for purposes of Section 222.11 . . .

In E. EWELL T., 104 B.R. 458 (Bankr. M.D. Fla. 1989)

. . . . § 222.11 indicates that the Statute intended to create an additional exemption in Florida. . . . Florida House of Representatives Committee on the Judiciary noted in its Staff Analysis of the proposed § 222.11 . . .

K. COOPER, v. P. COOPER,, 546 So. 2d 107 (Fla. Dist. Ct. App. 1989)

. . . thus available for enforcement by garnishment as an exception to the exemption contained in section 222.11 . . .

WATERS, v. ALBANESE,, 547 So. 2d 197 (Fla. Dist. Ct. App. 1989)

. . . The trial court determined that the alimony obligation was not subject to garnishment because section 222.11 . . . We note that the same public policy behind section 222.11 and the federal act, which prevents the debtor . . .

In L. JOHNSON, a k a a k a F. d b a a k a a k a R. a k a Jr. a k a, 101 B.R. 307 (Bankr. M.D. Fla. 1989)

. . . Const., Sec. 4; Fla.Stat. 222.11, et seq. . . .

In N. E. PASSI,, 101 B.R. 360 (Bankr. S.D. Fla. 1989)

. . . claim as an additional exemption from the claims of creditors: “Insurance settlement proceeds Fla.Stat. 222.11 . . . effect concede this point by arguing only that the settlement represents money exempt under Fla.Stat. § 222.11 . . .