CODING: Words stricken are deletions; words underlined are additions.
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The Committee on Judiciary recommended the following
amendment:
SENATE AMENDMENT
Bill No. SB 2016
Amendment No. 1
CHAMBER ACTION
Senate House
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11 The Committee on Judiciary recommended the following amendment
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14 Senate Amendment (with title amendment)
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17 and insert:
18 Section 1. Section 222.21, Florida Statutes, is
19 amended to read:
20 222.21 Exemption of pension money and retirement or
21 profit-sharing benefits from legal processes.--
22 (1) Money received by any debtor as pensioner of the
23 United States within 3 months next preceding the issuing of an
24 execution, attachment, or garnishment process may not be
25 applied to the payment of the debts of the pensioner when it
26 is made to appear by the affidavit of the debtor or otherwise
27 that the pension money is necessary for the maintenance of the
28 debtor's support or a family supported wholly or in part by
29 the pension money. The filing of the affidavit by the debtor,
30 or the making of such proof by the debtor, is prima facie
31 evidence; and it is the duty of the court in which the
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SENATE AMENDMENT
Bill No. SB 2016
Amendment No. 1
1 proceeding is pending to release all pension moneys held by
2 such attachment or garnishment process, immediately, upon the
3 filing of such affidavit or the making of such proof.
4 (2)(a) Except as provided in paragraph (b), any money
5 or other assets payable to a participant or beneficiary from,
6 or any interest of any participant or beneficiary in, a
7 retirement or profit-sharing plan that is qualified under s.
8 401(a), s. 403(a), s. 403(b), s. 408, s. 408A, or s. 409 of
9 the Internal Revenue Code of 1986, as amended, is exempt from
10 all claims of creditors of the beneficiary or participant.
11 (b) Any plan or arrangement described in paragraph (a)
12 is not exempt from the claims of an alternate payee under a
13 qualified domestic relations order. However, the interest of
14 any alternate payee under a qualified domestic relations order
15 is exempt from all claims of any creditor, other than the
16 Department of Health and Rehabilitative Services, of the
17 alternate payee. As used in this paragraph, the terms
18 "alternate payee" and "qualified domestic relations order"
19 have the meanings ascribed to them in s. 414(p) of the
20 Internal Revenue Code of 1986.
21 (c) The provisions of paragraphs (a) and (b) apply to
22 any proceeding that is filed on or after October 1, 1987.
23 Section 2. This act shall take effect October 1, 1998.
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27 And the title is amended as follows:
28 Delete everything before the enacting clause
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31 A bill to be entitled
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SENATE AMENDMENT
Bill No. SB 2016
Amendment No. 1
1 An act relating to debtors and creditors;
2 amending s. 222.21, F.S.; providing an
3 exemption from legal process; providing an
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