HB 4139

1
A bill to be entitled
2An act relating to hurricane savings accounts; amending s.
3222.22, F.S.; deleting a contingency requiring certain
4Federal Government action before an exemption from legal
5process in favor of creditors or other claimants provided
6to assets in a hurricane savings account becomes
7effective; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (4) of section 222.22, Florida
12Statutes, is amended to read:
13     222.22  Exemption of assets in qualified tuition programs,
14medical savings accounts, Coverdell education savings accounts,
15and hurricane savings accounts from legal process.-
16     (4)(a)  Moneys paid into or out of, the assets of, and the
17income of any hurricane savings account established by an
18insurance policyholder for residential property in this state
19equal to twice the deductible sum of such insurance to cover an
20insurance deductible or other uninsured portion of the risks of
21loss from a hurricane, rising flood waters, or other
22catastrophic windstorm event are not liable to attachment, levy,
23garnishment, or legal process in this state in favor of any
24creditor of or claimant against any account participant,
25purchaser, owner or contributor, or account beneficiary.
26     (b)  As used in this subsection, the term "hurricane
27savings account" means an account established by the owner of
28residential real estate in this state, which meets the
29requirements of homestead exemption under s. 4, Art. X of the
30State Constitution, who specifies that the purpose of the
31account is to cover the amount of insurance deductibles and
32other uninsured portions of risks of loss from hurricanes,
33rising flood waters, or other catastrophic windstorm events.
34     (c)  This subsection shall take effect only when the
35federal government provides tax-exempt or tax-deferred status to
36a hurricane savings account, disaster savings account, or other
37similar account created to cover an insurance deductible or
38other uninsured portion of the risks of loss from a hurricane,
39rising flood waters, or other catastrophic windstorm event.
40     Section 2.  This act shall take effect upon becoming law.


CODING: Words stricken are deletions; words underlined are additions.