Florida Statute 222.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

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F.S. 222.03

222.03 Survey at instance of dissatisfied creditor.—If the creditor in any execution or process sought to be levied is dissatisfied with the quantity of land selected and set apart, and shall himself or herself, or by his or her agent or attorney, notify the officer levying, the officer shall at the creditor’s request cause the same to be surveyed, and when the homestead is not within the corporate limits of any town or city, the person claiming said exemption shall have the right to set apart that portion of land belonging to him or her which includes the residence, or not, at the person’s option, and if the first tract or parcel does not contain 160 acres, the said officer shall set apart the remainder from any other tract or tracts claimed by the debtor, but in every case taking all the land lying contiguous until the whole quantity of 160 acres is made up. The person claiming the exemption shall not be forced to take as his or her homestead any tract or portion of a tract, if any defect exists in the title, except at the person’s option. The expense of such survey shall be chargeable on the execution as costs; but if it shall appear that the person claiming such exemption does not own more than 160 acres in the state, the expenses of said survey shall be paid by the person directing the same to be made.

History.—s. 3, ch. 1715, 1869; s. 1, ch. 1944, 1873; RS 2000; GS 2522; RGS 3877; CGL 5784; s. 1197, ch. 95-147.

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Amendments to 222.03

Arrestable Offenses / Crimes under Fla. Stat. 222.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.03.

Annotations, Discussions, Cases:

Cases Citing Statute 222.03

Total Results: 20

2000 PRESIDENTIAL WAY LLC v. THE BANK OF NEW YORK MELLON, FIRST BANKS, INC., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS

Court: District Court of Appeal of Florida | Date Filed: 2021-08-04

Snippet: authorized to be recorded in the official records. § 28.222(3)(a), Fla. Stat. (2012). “The index shall be limited

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2010-09-02

Citation: 50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Snippet: notes revised. *582 Statutory References § 28.222(3)(g), Fla. Stat. Clerk to be county recorder. § 382

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Court: Florida Attorney General Reports | Date Filed: 2010-01-04

Snippet: 222(1), Fla. Stat. 4 Section 28.222(3)(h), Fla. Stat. 5 Section 28.222(3)(a), Fla. Stat. 6 Section 695

Winn-Dixie Stores, Inc. v. Dolgencorp, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-09-19

Citation: 964 So. 2d 261, 2007 WL 2710771

Snippet: statutes pertain to instruments as notice. Section 28.222(3)(a), Florida Statutes (2006) provides that leases

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Court: Florida Attorney General Reports | Date Filed: 2005-06-24

Snippet: recording of federal records. Pursuant to section 28.222(3), Florida Statutes, "The clerk of the circuit court

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Court: Florida Attorney General Reports | Date Filed: 2005-03-29

Snippet: law). 2 Section 28.222(1), Fla. Stat. 3 Section 28.222(3)(h), Fla. Stat. 4 See Ops. Att'y Gen. Fla. 79-70

Burshan v. NATIONAL UNION FIRE INS. COMPANY OF PITTSBURGH, PA.

Court: District Court of Appeal of Florida | Date Filed: 2001-08-08

Citation: 805 So. 2d 835, 2001 WL 883234

Snippet: a judgment of a United States court. Section 28.222(3)(c), Florida Statutes (2000), authorizes a clerk

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Court: Florida Attorney General Reports | Date Filed: 1998-10-27

Snippet: officer submits a written request to do so; and s.28.222(3)(g), Fla. Stat., authorizing the recording of certified

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Court: Florida Attorney General Reports | Date Filed: 1997-09-25

Snippet: enforcement personnel confidential. 7 Section 28.222(3)(g), Fla. Stat. 8 Cf., Op. Att'y Gen. Fla. 84-81

WPC, Inc. v. Hartford Accident & Indemnity Co.

Court: District Court of Appeal of Florida | Date Filed: 1997-09-12

Citation: 698 So. 2d 1324, 1997 Fla. App. LEXIS 10458, 1997 WL 564181

Snippet: required or authorized by law to be recorded.” § 28.222(3)(h), Fla. Stat. (1995). Section 255.05(1) clearly

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Court: Florida Attorney General Reports | Date Filed: 1994-06-21

Snippet: record in the county where he is clerk.6 Section 28.222(3)(a), Florida Statutes, provides that the clerk of

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Court: Florida Attorney General Reports | Date Filed: 1993-03-05

Snippet: Laws of Florida. 5 Section 28.222(3), F.S. (1992 Supp.). 6 See, s. 28.222(3)(c), F.S. (1992 Supp.). 7 See

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Court: Florida Attorney General Reports | Date Filed: 1992-10-30

Snippet: Opinions. 2 Section 28.222(1), F.S. 3 Section 28.222(3), F.S. 4 See, AGO 91-18 (if the clerk can determine

First American Title Ins. Co. v. Dixon

Court: District Court of Appeal of Florida | Date Filed: 1992-07-15

Citation: 603 So. 2d 562, 1992 WL 161618

Snippet: court is also the county recorder, and section 28.222(3)(a), (1989), directs the clerk to record deeds,