HB 649 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0649-00
Page 1 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to transfers in divorce; amending s. 2
222.21, F.S.; specifying that certain interests 3
received by a transferee after a divorce are exempt 4
from claims of creditors upon being awarded to or 5
received by the transferee; specifying that such 6
interests remain exempt; providing retroactive 7
applicability; providing an effective date. 8
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Be It Enacted by the Legislature of the State of Florida: 10
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Section 1. Paragraph (c) of subsection (2) of section 12
222.21, Florida Statutes, is amended to read: 13
222.21 Exemption of pension money and certain tax -exempt 14
funds or accounts from legal processes. — 15
(2) 16
(c) Any money or other assets or any interest i n any fund 17
or account that is exempt from claims of creditors of the owner, 18
beneficiary, or participant under paragraph (a) does not cease 19
to be exempt after the owner's death by reason of a direct 20
transfer or eligible rollover that is excluded from gross income 21
under the Internal Revenue Code of 1986, including, but not 22
limited to, a direct transfer or eligible rollover to an 23
inherited individual retirement account as defined in s. 24
408(d)(3) of the Internal Revenue Code of 1986, as amended. An 25
HB 649 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0649-00
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
interest in any fund or account awarded or received in a 26
transfer incident to divorce described in s. 408(d)(6) of the 27
Internal Revenue Code of 1986, as amended, is exempt upon the 28
interest being awarded or received and continues to be exempt 29
thereafter. This paragraph is intended to clarify existing law, 30
is remedial in nature, and shall have retroactive application to 31
all inherited individual retirement accounts and to each 32
transfer incident to divorce without regard to the date an 33
account was created or the transfer was made. 34
Section 2. This act shall take effect upon becoming a law. 35