| 1 | A bill to be entitled |
| 2 | An act relating to hurricane savings accounts; amending s. |
| 3 | 222.22, F.S.; deleting a contingency requiring certain |
| 4 | Federal Government action before an exemption from legal |
| 5 | process in favor of creditors or other claimants provided |
| 6 | to assets in a hurricane savings account becomes |
| 7 | effective; providing an effective date. |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
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| 11 | Section 1. Subsection (4) of section 222.22, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 222.22 Exemption of assets in qualified tuition programs, |
| 14 | medical savings accounts, Coverdell education savings accounts, |
| 15 | and hurricane savings accounts from legal process.- |
| 16 | (4)(a) Moneys paid into or out of, the assets of, and the |
| 17 | income of any hurricane savings account established by an |
| 18 | insurance policyholder for residential property in this state |
| 19 | equal to twice the deductible sum of such insurance to cover an |
| 20 | insurance deductible or other uninsured portion of the risks of |
| 21 | loss from a hurricane, rising flood waters, or other |
| 22 | catastrophic windstorm event are not liable to attachment, levy, |
| 23 | garnishment, or legal process in this state in favor of any |
| 24 | creditor of or claimant against any account participant, |
| 25 | purchaser, owner or contributor, or account beneficiary. |
| 26 | (b) As used in this subsection, the term "hurricane |
| 27 | savings account" means an account established by the owner of |
| 28 | residential real estate in this state, which meets the |
| 29 | requirements of homestead exemption under s. 4, Art. X of the |
| 30 | State Constitution, who specifies that the purpose of the |
| 31 | account is to cover the amount of insurance deductibles and |
| 32 | other uninsured portions of risks of loss from hurricanes, |
| 33 | rising flood waters, or other catastrophic windstorm events. |
| 34 | (c) This subsection shall take effect only when the |
| 35 | federal government provides tax-exempt or tax-deferred status to |
| 36 | a hurricane savings account, disaster savings account, or other |
| 37 | similar account created to cover an insurance deductible or |
| 38 | other uninsured portion of the risks of loss from a hurricane, |
| 39 | rising flood waters, or other catastrophic windstorm event. |
| 40 | Section 2. This act shall take effect upon becoming law. |