Florida Statute 222.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

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F.S. 222.01

222.01 Designation of homestead by owner before levy.—

(1) Whenever any natural person residing in this state desires to avail himself or herself of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law, he or she may make a statement, in writing, containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made. Such statement shall be signed by the person making it and shall be recorded in the circuit court.

(2) When a certified copy of a judgment has been filed in the public records of a county pursuant to chapter 55, a person who is entitled to the benefit of the provisions of the State Constitution exempting real property as homestead and who has a contract to sell or a commitment from a lender for a mortgage on the homestead may file a notice of homestead in the public records of the county in which the homestead property is located in substantially the following form:

NOTICE OF HOMESTEAD

To: (Name and address of judgment creditor as shown on recorded judgment and name and address of any other person shown in the recorded judgment to receive a copy of the Notice of Homestead.)

You are notified that the undersigned claims as homestead exempt from levy and execution under Section 4, Article X of the State Constitution, the following described property:

(Legal description)

The undersigned certifies, under oath, that he or she has applied for and received the homestead tax exemption as to the above-described property, that is the tax identification parcel number of this property, and that the undersigned has resided on this property continuously and uninterruptedly from (date) to the date of this Notice of Homestead. Further, the undersigned will either convey or mortgage the above-described property pursuant to the following:

(Describe the contract of sale or loan commitment by date, names of parties, date of anticipated closing, and amount. The name, address, and telephone number of the person conducting the anticipated closing must be set forth.)

The undersigned also certifies, under oath, that the judgment lien filed by you on (date) and recorded in Official Records Book , Page , of the Public Records of County, Florida, does not constitute a valid lien on the described property.

YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION 222.01 ET SEQ., FLORIDA STATUTES, THAT WITHIN 45 DAYS AFTER THE MAILING OF THIS NOTICE YOU MUST FILE AN ACTION IN THE CIRCUIT COURT OF COUNTY, FLORIDA, FOR A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONAL HOMESTEAD STATUS OF THE SUBJECT PROPERTY OR TO FORECLOSE YOUR JUDGMENT LIEN ON THE PROPERTY AND RECORD A LIS PENDENS IN THE PUBLIC RECORDS OF THE COUNTY WHERE THE HOMESTEAD IS LOCATED. YOUR FAILURE TO SO ACT WILL RESULT IN ANY BUYER OR LENDER, OR HIS OR HER SUCCESSORS AND ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT OF SALE OR LOAN COMMITMENT TO TAKE FREE AND CLEAR OF ANY JUDGMENT LIEN YOU MAY HAVE ON THE PROPERTY.

This day of , 2 .

(Signature of Owner)

(Printed Name of Owner)

(Owner’s Address)

Sworn to and subscribed before me by who is personally known to me or produced as identification, this day of , 2 .

Notary Public

(3) The clerk shall mail a copy of the notice of homestead to the judgment lienor, by certified mail, return receipt requested, at the address shown in the most recent recorded judgment or accompanying affidavit, and to any other person designated in the most recent recorded judgment or accompanying affidavit to receive the notice of homestead, and shall certify to such service on the face of such notice and record the notice. Notwithstanding the use of certified mail, return receipt requested, service shall be deemed complete upon mailing.

(4) A lien pursuant to chapter 55 of any lienor upon whom such notice is served, who fails to institute an action for a declaratory judgment to determine the constitutional homestead status of the property described in the notice of homestead or to file an action to foreclose the judgment lien, together with the filing of a lis pendens in the public records of the county in which the homestead is located, within 45 days after service of such notice shall be deemed as not attaching to the property by virtue of its status as homestead property as to the interest of any buyer or lender, or his or her successors or assigns, who takes under the contract of sale or loan commitment described above within 180 days after the filing in the public records of the notice of homestead. This subsection shall not act to prohibit a lien from attaching to the real property described in the notice of homestead at such time as the property loses its homestead status.

(5) As provided in s. 4, Art. X of the State Constitution, this subsection shall not apply to:

(a) Liens and judgments for the payment of taxes and assessments on real property.

(b) Liens and judgments for obligations contracted for the purchase of real property.

(d) Liens and judgments for other obligations contracted for house, field, or other labor performed on real property.

History.—s. 1, ch. 1715, 1869; RS 1998; GS 2520; RGS 3875; CGL 5782; s. 20, ch. 73-334; s. 2, ch. 77-299; s. 1, ch. 83-40; s. 1195, ch. 95-147; s. 25, ch. 2000-258; s. 17, ch. 2005-241.

F.S. 222.01 on Google Scholar

F.S. 222.01 on CourtListener

Amendments to 222.01

Annotations, Discussions, Cases:

Cases Citing Statute 222.01

Total Results: 37

United States v. Lockley

632 F.3d 1238, 2011 U.S. App. LEXIS 2781, 2011 WL 476875

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 2011 | Docket: 1888895

Cited 153 times | Published

victim's bodily integrity. E.g., Model Penal Code § 222.1(1) ("A person is guilty of robbery if, in the course

Matter of Aliotta

68 B.R. 281, 1986 Bankr. LEXIS 4759

United States Bankruptcy Court, M.D. Florida | Filed: Dec 18, 1986 | Docket: 1100713

Cited 20 times | Published

their homestead exemption pursuant to Fla.Stat. § 222.01 et seq. and Article X, § 4 of the Florida Constitution

Nedzad Miljkovic v. Shafritz and Dinkin, P.A.

791 F.3d 1291, 2015 U.S. App. LEXIS 11252, 2015 WL 3956570

Court of Appeals for the Eleventh Circuit | Filed: Jun 30, 2015 | Docket: 2669803

Cited 19 times | Published

dependent”). 3 . See id. § 222.1 l(2)(a) (exempting from garnishment "[a]ll of the

In Re Magelitz

386 B.R. 879, 21 Fla. L. Weekly Fed. B 284, 2008 Bankr. LEXIS 1237, 2008 WL 1868074

United States Bankruptcy Court, N.D. Florida | Filed: Apr 28, 2008 | Docket: 1097749

Cited 15 times | Published

pre-levy designation of homestead under Fla. Stat. § 222.01 does not preclude the debtor from asserting the

Andrea M. Chauncey v. Patricia Dzikowski

454 F.3d 1292, 56 Collier Bankr. Cas. 2d 456, 2006 U.S. App. LEXIS 16972, 2006 WL 1868312

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2006 | Docket: 398707

Cited 12 times | Published

Const. Art. 10, § 4(a)(1), and Florida Statute § 222.01 (2003). The filing of the bankruptcy case was

In Re Bradlow

119 B.R. 330, 1990 Bankr. LEXIS 2014

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 21, 1990 | Docket: 1070952

Cited 10 times | Published

proper designation of homestead as required by section 222.01, Florida Statues. Section 522(f) of the Bankruptcy

Westport Recovery Corp. v. Midas

954 So. 2d 750, 2007 WL 1263788

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 1651591

Cited 8 times | Published

Westport asserted any claim as to the Gentiles. Section 222.01, Florida Statutes, Designation of Homestead

Grant v. Credithrift of America, Inc.

402 So. 2d 486

District Court of Appeal of Florida | Filed: Aug 6, 1981 | Docket: 1691388

Cited 8 times | Published

property to satisfy judgment creditors. Before levy, § 222.01 provides that a property owner "may" make a signed

Dzikowski v. Chauncey (In Re Chauncey)

308 B.R. 97

United States Bankruptcy Court, S.D. Florida. | Filed: Feb 18, 2004 | Docket: 1463325

Cited 7 times | Published

FLA. CONST. Art. 10, § 4(a)(1) and FLA. STAT. § 222.01 (2003). The Debtor testified that the filing of

In Re Haning

252 B.R. 799, 13 Fla. L. Weekly Fed. B 289, 2000 Bankr. LEXIS 893, 2000 WL 1195529

United States Bankruptcy Court, M.D. Florida | Filed: Jun 20, 2000 | Docket: 1429773

Cited 7 times | Published

000.00 3465 Thalia Road, Jacksonville § 222.01, 222.02 Beach, FL ----------------

LaGasse v. Aetna Insurance Company

213 So. 2d 454, 1968 Fla. App. LEXIS 5136

District Court of Appeal of Florida | Filed: Aug 7, 1968 | Docket: 471567

Cited 7 times | Published

sale under any process of law", quoting from F.S. § 222.01, F.S.A. At that time she held a full fee simple

In Re Brink

162 B.R. 355, 7 Fla. L. Weekly Fed. B 340, 1993 Bankr. LEXIS 2013, 1993 WL 553972

United States Bankruptcy Court, M.D. Florida | Filed: Dec 22, 1993 | Docket: 1632549

Cited 4 times | Published

Article X, Section 4 of the Florida Constitution and § 222.01, et seq. of the Florida Statutes. *358 Based on

Jones v. First National Bank in Fort Lauderdale

226 So. 2d 834

District Court of Appeal of Florida | Filed: Oct 6, 1969 | Docket: 2451778

Cited 4 times | Published

161 So. 381; Restatement of the Law, Trusts 2d, § 222; 1 Thomas, Florida Estates Practice Guide, Chap.

In Re Hacker

260 B.R. 542, 46 Collier Bankr. Cas. 2d 581, 2000 Bankr. LEXIS 1825, 2000 WL 33255497

United States Bankruptcy Court, M.D. Florida | Filed: Nov 7, 2000 | Docket: 2513015

Cited 3 times | Published

boat qualified as exempt under Article X, § 4 or § 222.01. Creditor bore the burden of proving that the

Kapila v. Covino (In Re Covino)

187 B.R. 773, 9 Fla. L. Weekly Fed. B 148, 1995 Bankr. LEXIS 1400

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 26, 1995 | Docket: 1842813

Cited 3 times | Published

exempt as homestead pursuant to Florida Statute § 222.01. This claim of exemption also was amended on May

Golden v. Flagship Factor Corp. (In Re Golden)

16 B.R. 585, 1981 Bankr. LEXIS 2789

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 14, 1981 | Docket: 1737582

Cited 3 times | Published

entitled under 11 U.S.C. Section 522(f) and Florida Statute 222.01 et seq. In making an analysis of the constitutionality

USAmeriBank v. Klepal

100 So. 3d 56, 2011 WL 4809107, 2011 Fla. App. LEXIS 16156

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60225888

Cited 2 times | Published

head of family,” not the "head of household.” See § 222.1 1(1)(c), (2)(a), (2)(b). . We note that the circuit

In Re Fyock

391 B.R. 882, 21 Fla. L. Weekly Fed. B 407, 2008 Bankr. LEXIS 2029, 2008 WL 2900952

United States Bankruptcy Court, M.D. Florida | Filed: May 6, 2008 | Docket: 1491567

Cited 2 times | Published

exemption in one of two ways. First, under FLA. STAT. § 222.01 (2007), a judgment debtor may file a Notice of

Mathieu v. City of Lauderdale Lakes

961 So. 2d 363, 2007 WL 2119203

District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 1515791

Cited 2 times | Published

verified notice of homestead property pursuant to section 222.01, Florida Statutes (1995), and filed his own

In Re Buonopane

344 B.R. 675, 19 Fla. L. Weekly Fed. B 327, 2006 Bankr. LEXIS 989, 2006 WL 1581903

United States Bankruptcy Court, M.D. Florida | Filed: Jun 1, 2006 | Docket: 1636094

Cited 2 times | Published

Florida Constitution and the statutory exemption, Section 222.01 et seq. of the Florida Statute. In addition

Messina v. State

728 So. 2d 818, 1999 WL 129457

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 1674209

Cited 2 times | Published

the theft had the need arisen." Model Penal Code § 222.1, comment at 104 (1980). Based on the language of

Matter of Betancourt

154 B.R. 90, 7 Fla. L. Weekly Fed. B 110, 1993 Bankr. LEXIS 700

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 23, 1993 | Docket: 1440851

Cited 2 times | Published

the owner or his family . . . Florida Statute § 222.01, titled "Designation of homestead by owner before

Sepulveda v. Westport Recovery Corp.

145 So. 3d 162, 2014 WL 3291766, 2014 Fla. App. LEXIS 10515

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 434309

Cited 1 times | Published

a Notice of Homestead is filed pursuant to section 222.01 or 222.02. I. Whether the county court’s

In Re Adell

321 B.R. 562, 18 Fla. L. Weekly Fed. B 144, 2005 Bankr. LEXIS 148, 2005 WL 419417

United States Bankruptcy Court, M.D. Florida | Filed: Jan 31, 2005 | Docket: 1384418

Cited 1 times | Published

specific federal exemptions with the enactment of Section 222.01 of the Florida Statutes. Thus, debtors in Florida

In Re Kelly

261 B.R. 785, 2001 Bankr. LEXIS 392, 2001 WL 455568

United States Bankruptcy Court, M.D. Florida | Filed: Apr 18, 2001 | Docket: 1719732

Cited 1 times | Published

available under the Constitution and under Fla. Stat. § 222.01, et seq. On October 28, 1998, the Debtors received

LILIA BELKOVA, Individually, and as successor Trustee of the Land Trust Agreement, No:072003 Dated 2/9/04 v. DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67718525

Published

of taxes and assessments thereon[.]” Indeed, section 222.01, Florida Statutes (2016), which allows an owner

In Re Fling

449 B.R. 580, 22 Fla. L. Weekly Fed. B 720, 2011 Bankr. LEXIS 2019, 2011 WL 2162911

United States Bankruptcy Court, N.D. Florida | Filed: May 26, 2011 | Docket: 2060177

Published

legislative mechanisms as provided for by Fla. Stat. § 222.01. Therefore, CCB argues, the proceeds from the

United States v. Theodore D. Lockley

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 2011 | Docket: 2906579

Published

victim’s bodily integrity. E.g., Model Penal Code § 222.1(1) (“A person is guilty of robbery if, in the course

In Re Weinshank

406 B.R. 413, 21 Fla. L. Weekly Fed. B 774, 2009 Bankr. LEXIS 1338, 2009 WL 1634880

United States Bankruptcy Court, S.D. Florida. | Filed: May 28, 2009 | Docket: 1067320

Published

to Floridians are generally found in Fla. Stat. § 222.01 et. seq. That the Florida Legislature incorporated

In Re Weinshank

406 B.R. 413, 21 Fla. L. Weekly Fed. B 774, 2009 Bankr. LEXIS 1338, 2009 WL 1634880

United States Bankruptcy Court, S.D. Florida. | Filed: May 28, 2009 | Docket: 1067320

Published

to Floridians are generally found in Fla. Stat. § 222.01 et. seq. That the Florida Legislature incorporated

In Re Lisowski

395 B.R. 771, 21 Fla. L. Weekly Fed. B 516, 2008 Bankr. LEXIS 2749, 2008 WL 4602314

United States Bankruptcy Court, M.D. Florida | Filed: Sep 23, 2008 | Docket: 1437499

Published

section 4(a)(1) of the Florida Constitution, and § 222.01, § 222.02, and § 222.05 of the Florida Statutes

Ago

Florida Attorney General Reports | Filed: Apr 24, 2007 | Docket: 3257861

Published

purposes of protection from a forced sale.2 Section 222.01, Florida Statutes, provides a manner to establish

Ago

Florida Attorney General Reports | Filed: Mar 29, 2005 | Docket: 3255316

Published

provision of law. Pertinent to your inquiry, section 222.01(1), Florida Statutes, states: "Whenever any

Westport Recovery Corp. v. Smith

830 So. 2d 226, 2002 Fla. App. LEXIS 16852, 2002 WL 31507261

District Court of Appeal of Florida | Filed: Nov 13, 2002 | Docket: 64818959

Published

statute. Subsequently Smith availed herself of section 222.01, Florida Statutes (2001) which provides a method

Schaller v. Balk

708 So. 2d 299, 1998 Fla. App. LEXIS 1818, 1998 WL 74999

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 64779868

Published

Constitutionally Exempt From Forced Sale” pursuant to section 222.01, Florida Statutes (1995).1 *301Schaller then

Jensen v. Brink (In re Brink)

179 B.R. 726, 8 Fla. L. Weekly Fed. B 387, 1995 Bankr. LEXIS 302

United States Bankruptcy Court, M.D. Florida | Filed: Mar 3, 1995 | Docket: 65780994

Published

the items referred to earlier under Fla.Stat. § 222.01 et. seq. and Art. X of the Florida Constitution

In re Gottling

42 B.R. 386, 1984 Bankr. LEXIS 6173

United States Bankruptcy Court, M.D. Florida | Filed: Mar 2, 1984 | Docket: 65778783

Published

Debtor pursuant to Art. X, § 4, Fla. Const, and § 222.01 et seq. based on the contention that the Debt-