222.22 Exemption of assets in qualified tuition programs, medical savings accounts, Coverdell education savings accounts, and hurricane savings accounts from legal process.—
(1) Moneys paid into or out of, the assets of, and the income of any validly existing qualified tuition program authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and Florida Prepaid College Trust Fund participation agreements under s. 1009.981, are not liable to attachment, levy, garnishment, or legal process in the state in favor of any creditor of or claimant against any program participant, purchaser, owner or contributor, or program beneficiary.
(2) Moneys paid into or out of, the assets of, and the income of a health savings account or medical savings account authorized under ss. 220 and 223 of the Internal Revenue Code of 1986, as amended, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any account participant, purchaser, owner or contributor, or account beneficiary.
(3) Moneys paid into or out of, the assets of, and the income of any Coverdell education savings account, also known as an educational IRA, established or existing in accordance with s. 530 of the Internal Revenue Code of 1986, as amended, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any account participant, purchaser, owner or contributor, or account beneficiary.
(4)(a) Moneys paid into or out of, the assets of, and the income of any hurricane savings account established by an insurance policyholder for residential property in this state equal to twice the deductible sum of such insurance to cover an insurance deductible or other uninsured portion of the risks of loss from a hurricane, rising flood waters, or other catastrophic windstorm event are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any account participant, purchaser, owner or contributor, or account beneficiary.
(b) As used in this subsection, the term “hurricane savings account” means an account established by the owner of residential real estate in this state, which meets the requirements of homestead exemption under s. 4, Art. X of the State Constitution, who specifies that the purpose of the account is to cover the amount of insurance deductibles and other uninsured portions of risks of loss from hurricanes, rising flood waters, or other catastrophic windstorm events.
(c) This subsection shall take effect only when the Federal Government provides tax-exempt or tax-deferred status to a hurricane savings account, disaster savings account, or other similar account created to cover an insurance deductible or other uninsured portion of the risks of loss from a hurricane, rising flood waters, or other catastrophic windstorm event.
(5) Except as provided in s. 1009.986(7), as it relates to any validly existing qualified ABLE program authorized by s. 529A of the Internal Revenue Code, including, but not limited to, the Florida ABLE program participation agreements under s. 1009.986, moneys paid into or out of such a program, and the income and assets of such a program, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any designated beneficiary or other program participant.
Cited 50 times | Published | Court of Appeals for the Eleventh Circuit | 41 Fed. R. Serv. 3d 563, 28 Envtl. L. Rep. (Envtl. Law Inst.) 21546, 47 ERC (BNA) 1014, 1998 U.S. App. LEXIS 17754
...tory measures is further reinforced in the Service's regulations. The Service requires applicants to describe completely "the activity sought to be authorized." 50 C.F.R. §§ 17.22 (b)(1)(i), 17.32(b)(1)(iii)(A) (emphasis added); see also 50 C.F.R. § 222.22 (b)(4) (incidental take permit applications to the National Marine Fisheries Service must include a "detailed description of the proposed activity ") (emphasis added)....
...Finally, the Service emphasizes that the "authorizations on the face of a permit which set forth specific ... methods of taking ... are to be strictly construed and shall not be interpreted to permit similar or related matters outside the scope of strict construction." 50 C.F.R. § 13.42 (emphasis added); see also 50 C.F.R. § 222.22 (d) (incidental take permits that the National Marine Fisheries Service issues must "contain such terms and conditions as the Assistant Administrator deems necessary and appropriate, including ......
Cited 3 times | Published | Court of Appeals for the Eleventh Circuit
...ulations. The Service requires applicants to describe
17
completely "the activity sought to be authorized." 50 C.F.R. §§ 17.22(b)(1)(i), 17.32(b)(1)(iii)(A)
(emphasis added); see also 50 C.F.R. § 222.22(b)(4) (incidental take permit applications to the
National Marine Fisheries Service must include a "detailed description of the proposed activity ")
(emphasis added).10 The incidental take permit, in turn, "may authorize a single transaction, a series
of transactions, or a number of activities [.]" 50 C.F.R....
...t which set forth specific ...
methods of taking ... are to be strictly construed and shall not be interpreted to permit similar or
related matters outside the scope of strict construction." 50 C.F.R. § 13.42 (emphasis added); see
also 50 C.F.R. § 222.22(d) (incidental take permits that the National Marine Fisheries Service issues
must "contain such terms and conditions as the Assistant Administrator deems necessary and
appropriate, including ......
Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2016 WL 537076
...The trustee argues that HSAs cannot be exempt under either subsection
(a)(2)(C) or (a)(2)(E) because Ms. Mooney already will have received the funds.
5
Those states are Florida, Mississippi, Oregon, Tennessee, Texas, and Virginia. See Fla.
Stat. § 222.22(2); Miss....
Published | Court of Appeals for the Eleventh Circuit
...measures is further reinforced in the Service’s regulations. The Service requires applicants to
describe completely “the activity sought to be authorized.” 50 C.F.R. §§ 17.22(b)(1)(i),
17.32(b)(1)(iii)(A) (emphasis added); see also 50 C.F.R. § 222.22(b)(4) (incidental take permit
applications to the National Marine Fisheries Service must include a “detailed description of the
proposed activity”) (emphasis added).10 The incidental take permit, in turn, “may authorize a
single transaction, a series of transactions, or a number of activities[.]” 50 C.F.R....
...permit which set forth specific . . . methods of taking . . . are to be strictly construed and shall not
be interpreted to permit similar or related matters outside the scope of strict construction.” 50
C.F.R. § 13.42 (emphasis added); see also 50 C.F.R. § 222.22(d) (incidental take permits that the
National Marine Fisheries Service issues must “contain such terms and conditions as the
Assistant Administrator deems necessary and appropriate, including ....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
