The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . 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. . . . .
. . . . § 440.22 (“No assignment, release, or commutation of compensation or benefits due or payable under . . .
. . . . § 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 . . .
. . . retains its character as workers’ compensation benefits exempt from creditors under Florida Statutes § 440.22 . . .
. . . retains its character as workers’ compensation benefits exempt from creditors under Florida Statutes § 440.22 . . .
. . . . § 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. . . .
. . . Stat. (2000) (stating that firefighters’ pensions, annuities, and benefits “shall be unassignable”); § 440.22 . . .
. . . 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. . . .
. . . . § 440.22, he held that those traceable lump sum proceeds retained their exempt status when deposited . . .
. . . STAT. ch. 440.22. . . .
. . . 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. . . .
. . . 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. . . .
. . . 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. . . .
. . . 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 . . .
. . . 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). . . .
. . . . § 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . Although section 440.22, Florida Statutes (1991) protects worker’s compensation benefits from claims . . .
. . . 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. . . .
. . . Additionally, the dc was incorrect to the extent that he relied upon section 440.22, Florida Statutes . . .
. . . Section 440.22, Florida Statutes (1979) provides: ASSIGNMENT AND EXEMPTION FROM CLAIMS OF CREDITORS. . . .
. . . Section 440.22, Florida Statutes (1977), provides: No assignment, release, or commutation of compensation . . .
. . . Section 440.22, Fla.Stat. (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 . . .
. . . 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 . . .
. . . 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 . . .
. . . defendant [Hudson Pulp] is under the Florida Workmen’s Compensation Act as provided in Sections 440.10 and 440.22 . . .
. . . Revenue Service on account of federal income taxes of said estate for the year ended April 30, 1960, $440.22 . . .