September 22, 2019
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_h0409__
HB 409

1
A bill to be entitled
2An act relating to garnishment; amending s. 222.11, F.S.;
3increasing the amount of wages of a head of family that is
4exempt from garnishment; providing a form that must be
5used for an agreement to waive the exemption from
6garnishment; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (2) of section 222.11, Florida
11Statutes, is amended to read:
12     222.11  Exemption of wages from garnishment.-
13     (2)(a)  All of the disposable earnings of a head of family
14whose disposable earnings are less than or equal to $750 $500 a
15week are exempt from attachment or garnishment.
16     (b)  Disposable earnings of a head of a family, which are
17greater than $750 $500 a week, may not be attached or garnished
18unless such person has agreed otherwise in writing. The
19agreement to waive the protection provided by this paragraph
20must:
21     1.  Be in the same language as the contract or agreement to
22which the waiver relates.
23     2. Be contained in a separate document attached to the
24contract or agreement.
25     3.  Be in substantially the following form in at least 14-
26point type:
27
28IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A
29CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS
30EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE
31THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING
32BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM
33GARNISHMENT.
34
35...(Consumer's Signature)...   ...(Date Signed)...
36
37I have fully explained this document to the consumer.
38
39...(Creditor's Signature)...   ...(Date Signed)...
40
41In no event shall The amount attached or garnished may not
42exceed the amount allowed under the Consumer Credit Protection
43Act, 15 U.S.C. s. 1673.
44     (c)  Disposable earnings of a person other than a head of
45family may not be attached or garnished in excess of the amount
46allowed under the Consumer Credit Protection Act, 15 U.S.C. s.
471673.
48     Section 2.  This act shall take effect July 1, 2010.


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