The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

F.S. 440.22

440.22 Assignment and exemption from claims of creditors.—No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, and such compensation and benefits shall be exempt from all claims of creditors, and from levy, execution and attachments or other remedy for recovery or collection of a debt, which exemption may not be waived. However, the exemption of workers’ compensation claims from creditors does not extend to claims based on an award of child support or alimony.

History.—s. 22, ch. 17481, 1935; CGL 1936 Supp. 5966(22); s. 23, ch. 78-300; s. 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 18, ch. 2001-91; s. 49, ch. 2001-158.

F.S. 440.22 on Google Scholar

F.S. 440.22 on Casetext

Amendments to 440.22

Arrestable Offenses / Crimes under Fla. Stat. 440.22

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.22.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE K. SWETIC, 493 B.R. 635 (Bankr. M.D. Fla. 2013)

. . . After all, unlike section 443.051, section 440.22 (the statute involved in Jacksonville Medical) consisted . . . (quoting § 440.22, Fla. Stat.) (emphasis in original). . Id. at 591. . Id. . Id. . Id. . Id. . . . .

RAPID SETTLEMENTS, LTD. v. UNITED STATES FIDELITY AND GUARANTY COMPANY L., 672 F. Supp. 2d 714 (D. Md. 2009)

. . . . § 440.22 (“No assignment, release, or commutation of compensation or benefits due or payable under . . .

HOUSTON, v. N. WILLIAMS, In, 547 F.3d 1357 (11th Cir. 2008)

. . . . § 440.22 (2008), established the sole federal criteria for assistance eligibility. . . . . § 440.22(a)(l)(2). . . . defendants are limited to the eligibility requirements and prioritization schedule set forth in 10 C.F.R. § 440.22 . . .

In L. HARRELSON, H. v. L. H., 143 F. App'x 238 (11th Cir. 2005)

. . . retains its character as workers’ compensation benefits exempt from creditors under Florida Statutes § 440.22 . . .

In L. HARRELSON, H. v. L. H., 143 F. App'x 238 (11th Cir. 2005)

. . . retains its character as workers’ compensation benefits exempt from creditors under Florida Statutes § 440.22 . . .

In L. HARRELSON H., 311 B.R. 618 (Bankr. M.D. Fla. 2004)

. . . . § 440.22. . . . Debtors claim that they are exempt pursuant to § 440.22 of the Florida Statutes which provides: bi.0.22 . . . Ann. § 440.22 (West 2003). The seminal case construing § 440.22 is Broward v. . . . Broward claimed that the funds were exempt pursuant to § 440.22. . . . Stat. § 440.22. . . .

PROFESSIONAL CONSULTING SERVICES, INC. a a o v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY,, 849 So. 2d 446 (Fla. Dist. Ct. App. 2003)

. . . Stat. (2000) (stating that firefighters’ pensions, annuities, and benefits “shall be unassignable”); § 440.22 . . .

In RAJKOVIC, L. v., 289 B.R. 197 (Bankr. M.D. Fla. 2002)

. . . Stat. 440.22, thus, the Trustee has no right to the funds it received from the Debtor. . . . Stat. 440.22. . . . Stat. 440.22, which provides as follows: 440.22. Assignment and exemption from claims of creditors. . . .

In LADD, Sa-, 258 B.R. 824 (Bankr. N.D. Fla. 2001)

. . . . § 440.22, he held that those traceable lump sum proceeds retained their exempt status when deposited . . .

In TOLLIVER, 257 B.R. 98 (Bankr. M.D. Fla. 2000)

. . . STAT. ch. 440.22. . . .

SULLO, v. CINCO STAR, INC. N. A., 755 So. 2d 822 (Fla. Dist. Ct. App. 2000)

. . . security interest by claiming that the funds represented by the CD were exempt pursuant to section 440.22 . . . Sullo continued his assertion that Nationsbank’s security interest was invalid because section 440.22 . . . Bro-ward extended the exemption of section 440.22 to traceable proceeds in a bank account. . . .

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

. . . The Debtor claims the subject funds exempt under § 440.22, Florida Statutes, as proceeds of a workers . . . The debtor argued that the funds were exempt from garnishment under Section 440.22, which provides: No . . . The court opined that its construction of Section 440.22 was consistent with the legislature’s treatment . . . It reasoned that the legislature had neglected to amend Section 440.22 in a similar manner as Section . . . , the court intended to limit the scope of Section 440.22 to lost wages. . . .

J. G. WENTWORTH, S. S. C. L. P. a v. SAFECO LIFE INSURANCE COMPANY,, 755 So. 2d 138 (Fla. Dist. Ct. App. 1999)

. . . suit, and Safeco defended, claiming that the entire agreement was invalid as a violation of section 440.22 . . . Section 440.22 makes any assignment of worker’s compensation benefits invalid. . . .

In LADOMER,, 215 B.R. 265 (Bankr. S.D. Fla. 1997)

. . . The Debtor claimed this workers’ compensation claim as exempt under Florida Statute § 440.22 and 11 U.S.C . . . Florida Statute § 440.22 provides: No assignment, release, or commutation of compensation or benefits . . . benefits does not constitute funds that are “due and payable” as contemplated by Florida Statute § 440.22 . . . The Supreme Court concluded that Florida Statute § 440.22 “applies to workers’ compensation benefits . . . However, the ruling does lead this Court to consider whether the “due and payable” provision of § 440.22 . . .

PARL, v. L. PARL,, 699 So. 2d 765 (Fla. Dist. Ct. App. 1997)

. . . In Broward, the issue before the court was whether the “due or payable” language in section 440.22 should . . . So.2d 574, 576 (Fla. 2d DCA 1993)(holding that a child support award was an exception to the section 440.22 . . . Section 440.22 states in relevant part: No assignment, release, or commutation of compensation or benefits . . . Stat. (1995), with § 440.22, Fla. Stat. (1995). . . .

In L. KING,, 208 B.R. 570 (Bankr. M.D. Fla. 1997)

. . . . § 440.22. Consequently, the Trustee filed her objection to the Debtor’s exemption. . . . Stat. § 440.22 to the Debtor’s workers’ compensation exemption. . . . . § 440.22 provides: Fla.Stat. 440, et seq. . . . WORKERS’ COMPENSATION 440.22 Assignment and exemption from claims of creditors. . . . The Debtor contends that the phrase “due and payable” under Fla.Stat. § 440.22 does include money received . . .

PAYROLL TRANSFERS INTERSTATE, INC. v. FORSHEY,, 694 So. 2d 80 (Fla. Dist. Ct. App. 1997)

. . . compensation proceedings because the statutory release was not approved by the JCC pursuant to section 440.22 . . . notwithstanding a lack of approval of the release by a judge of compensation claims pursuant to section 440.22 . . .

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

. . . by the lower Court to be of great public importance: DOES THE ‘DUE OR PAYABLE’ LANGUAGE OF SECTION 440.22 . . . Stat. § 440.22, should not be construed so narrowly as to prevent a beneficiary of such an award to claim . . . Stat. § 440.22, and in the present instance Fla. . . .

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

. . . question certified to be of great public importance: DOES THE “DUE OR PAYABLE” LANGUAGE OF SECTION 440.22 . . . In response, Broward claimed that the exemption in section 440.22, Florida Statutes (1993), protected . . . Section 440.22 provides: No assignment, release, or commutation of compensation or benefits due or payable . . . Section 440.22 consists of one sentence that is composed of two clauses. . . . Thus we hold that under section 440.22, workers’ compensation benefits remain exempt in the hands of . . .

In MOORE, 203 B.R. 802 (Bankr. S.D. Fla. 1997)

. . . s amended Schedule C in which the Debt- or’s claimed the Proceeds as exempt under Florida Statute § 440.22 . . . The parties dispute the applicability to Florida Statute § 440.22. . . . Section 440.22 provides— No assignment, release, or commutation of compensation or benefits due or payable . . . Jacksonville Medical Center, Inc., 673 So.2d 962 (Fla. 1st DCA 1996), considered the application of Section 440.22 . . . At the time Fraley was written, no Florida case had construed Florida Statute Section 440.22 in respect . . .

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

. . . The county court decided that the exemption of section 440.22, Florida Statutes (1993), did not protect . . . The circuit court agreed with the lower court’s construction of section 440.22, and affirmed. . . . Section 440.22, Florida Statutes, provides: Assignment and exemption from claims of creditors. — No assignment . . . section 222.11, and by the Legislature’s failure to modify the “due or payable” language of section 440.22 . . . The parameters of the exemption of section 440.22 are clear. . . .

BRYANT, v. BRYANT,, 621 So. 2d 574 (Fla. Dist. Ct. App. 1993)

. . . Although section 440.22, Florida Statutes (1991) protects worker’s compensation benefits from claims . . .

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

. . . Debtor filed her schedules claiming a $5,000.00 bank deposit as exempt pursuant to Fla.Stat. ch. 440.22 . . . (1) whether a lump sum settlement paid to a debtor is entitled to exempt status under Fla.Stat. ch. 440.22 . . . next statute that debtor argues provides a basis for claiming the funds as exempt is Fla.Stat. ch. 440.22 . . . directly traceable to the workers’ compensation settlement, is exempt from the estate under Fla.Stat. ch. 440.22 . . . Debtor has met her burden of proving an exemption under Fla.Stat. ch. 440.22. . . .

TRADEWINDS MANUFACTURING COMPANY v. COX,, 541 So. 2d 667 (Fla. Dist. Ct. App. 1989)

. . . Additionally, the dc was incorrect to the extent that he relied upon section 440.22, Florida Statutes . . .

H. ARTHURS, v. ARTHURS,, 408 So. 2d 762 (Fla. Dist. Ct. App. 1982)

. . . Section 440.22, Florida Statutes (1979) provides: ASSIGNMENT AND EXEMPTION FROM CLAIMS OF CREDITORS. . . .

SEMINOLE INN U. S. v. RAY,, 408 So. 2d 1061 (Fla. Dist. Ct. App. 1981)

. . . Section 440.22, Florida Statutes (1977), provides: No assignment, release, or commutation of compensation . . .

WEKIWA CONCRETE v. REDDICK,, 396 So. 2d 832 (Fla. Dist. Ct. App. 1981)

. . . Section 440.22, Fla.Stat. (1979). . . .

KENNECOTT COPPER CORPORATION, v. ENVIRONMENTAL PROTECTION AGENCY, HECLA MINING COMPANY, v. ENVIRONMENTAL PROTECTION AGENCY, HOMESTAKE MINING COMPANY, v. ENVIRONMENTAL PROTECTION AGENCY, GULF WESTERN INDUSTRIES, INC. v. M. COSTLE, EPA, RANCHERS EXPLORATION AND DEVELOPMENT CORPORATION, a v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,, 612 F.2d 1232 (10th Cir. 1979)

. . . only effluent limitations that must be met by Homestake are mine drainage restrictions in 43 Fed.Reg. 440.22 . . . clear that climate, rainfall, and location were adequately considered and provided for by 43 Fed.Reg. 440.22 . . . froth flotation mill, apparently based on the recovery from that process, and thus under 43 Fed.Reg. 440.22 . . .

C. BOATRIGHT v. CITY OF JACKSONVILLE, a, 334 So. 2d 339 (Fla. Dist. Ct. App. 1976)

. . . compensation for permanent partial disability (Chapter 440.21) or appropriate it as a creditor (Chapter 440.22 . . . Section 440.22, Florida Statutes. . . . relied upon by the City totally ignore Sections 440.10(1), 440.11(1), 440.15(2) and (3), 440.21 and 440.22 . . .

Y. KENNEDY, v. ESTATE BEASLEY,, 318 So. 2d 496 (Fla. Dist. Ct. App. 1975)

. . . As to the cross assignment of error, § 440.22, Fla.Stat., provides as follows : “440.22 Assignment and . . . The trial court under § 440.22, Fla.Stat., correctly held that the executor should not offset any sums . . .

W. WARWICK, v. HUDSON PULP PAPER COMPANY, INC. a, 303 So. 2d 701 (Fla. Dist. Ct. App. 1974)

. . . defendant [Hudson Pulp] is under the Florida Workmen’s Compensation Act as provided in Sections 440.10 and 440.22 . . .

OLD KENT BANK AND TRUST COMPANY, a M. R. Jr. Co- H. v. UNITED STATES, 232 F. Supp. 970 (W.D. Mich. 1964)

. . . Revenue Service on account of federal income taxes of said estate for the year ended April 30, 1960, $440.22 . . .