Florida Senate - 2010                                     SB 492
       
       
       
       By Senator Smith
       
       
       
       
       29-00543-10                                            2010492__
    1                        A bill to be entitled                      
    2         An act relating to garnishment; amending s. 222.11,
    3         F.S.; increasing the amount of wages of a head of
    4         family which is exempt from garnishment; providing a
    5         form that must be used for an agreement to waive the
    6         exemption from garnishment; providing an effective
    7         date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 222.11, Florida Statutes, is amended to
   12  read:
   13         222.11 Exemption of wages from garnishment.—
   14         (1) As used in this section, the term:
   15         (a) “Earnings” includes compensation paid or payable, in
   16  money of a sum certain, for personal services or labor whether
   17  denominated as wages, salary, commission, or bonus.
   18         (b) “Disposable earnings” means that part of the earnings
   19  of any head of family remaining after the deduction from those
   20  earnings of any amounts required by law to be withheld.
   21         (c) “Head of family” includes any natural person who is
   22  providing more than one-half of the support for a child or other
   23  dependent.
   24         (2)(a) All of the disposable earnings of a head of family
   25  whose disposable earnings are less than or equal to $750 $500 a
   26  week are exempt from attachment or garnishment.
   27         (b) Disposable earnings of a head of a family, which are
   28  greater than $750 $500 a week, may not be attached or garnished
   29  unless such person has agreed otherwise in writing. The
   30  agreement to waive the protection provided by this paragraph
   31  must:
   32         1. Be in the same language as the contract or agreement to
   33  which the waiver relates;
   34         2. Be contained in a separate document attached to the
   35  contract or agreement; and
   36         3. Be in substantially the following form in at least 14
   37  point type:
   38  
   39         IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A
   40         CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME
   41         IS EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN
   42         WAIVE THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT.
   43         BY SIGNING BELOW, YOU AGREE TO WAIVE THE PROTECTION
   44         FROM GARNISHMENT.
   45  
   46         ...(Consumer’s Signature)...  ...(Date Signed)...
   47  
   48         I have fully explained this document to the consumer.
   49  
   50         ...(Creditor’s Signature)...  ...(Date Signed)...
   51  
   52  In no event shall The amount attached or garnished may not
   53  exceed the amount allowed under the Consumer Credit Protection
   54  Act, 15 U.S.C. s. 1673.
   55         (c) Disposable earnings of a person other than a head of
   56  family may not be attached or garnished in excess of the amount
   57  allowed under the Consumer Credit Protection Act, 15 U.S.C. s.
   58  1673.
   59         (3) Earnings that are exempt under subsection (2) and are
   60  credited or deposited in any financial institution are exempt
   61  from attachment or garnishment for 6 months after the earnings
   62  are received by the financial institution if the funds can be
   63  traced and properly identified as earnings. Commingling of
   64  earnings with other funds does not by itself defeat the ability
   65  of a head of family to trace earnings.
   66         Section 2. This act shall take effect July 1, 2010.