Fla. Stat. 222.03
Survey at instance of dissatisfied creditor

If the creditor in any execution or process sought to be levied is dissatisfied with the quantity of land selected and set apart, and shall himself or herself, or by his or her agent or attorney, notify the officer levying, the officer shall at the creditor’s request cause the same to be surveyed, and when the homestead is not within the corporate limits of any town or city, the person claiming said exemption shall have the right to set apart that portion of land belonging to him or her which includes the residence, or not, at the person’s option, and if the first tract or parcel does not contain 160 acres, the said officer shall set apart the remainder from any other tract or tracts claimed by the debtor, but in every case taking all the land lying contiguous until the whole quantity of 160 acres is made up. The person claiming the exemption shall not be forced to take as his or her homestead any tract or portion of a tract, if any defect exists in the title, except at the person’s option. The expense of such survey shall be chargeable on the execution as costs; but if it shall appear that the person claiming such exemption does not own more than 160 acres in the state, the expenses of said survey shall be paid by the person directing the same to be made.

Source: Section 222.03 — Survey at instance of dissatisfied creditor, https://www.­flsenate.­gov/Laws/Statutes/2024/0222.­03 (accessed Aug. 7, 2025).

222.01
Designation of homestead by owner before levy 222.02
Designation of homestead after levy 222.03
Survey at instance of dissatisfied creditor 222.04
Sale after survey 222.05
Setting apart leasehold 222.07
Defendant’s rights of selection 222.08
Jurisdiction to set apart homestead and exemption 222.09
Injunction to prevent sale 222.10
Jurisdiction to subject property claimed to be exempt 222.11
Exemption of wages from garnishment 222.13
Life insurance policies 222.14
Exemption of cash surrender value of life insurance policies and annuity contracts from legal process 222.15
Wages or reemployment assistance or unemployment compensation payments due deceased employee may be paid spouse or certain relatives 222.16
Wages or reemployment assistance or unemployment compensation payments so paid not subject to administration 222.17
Manifesting and evidencing domicile in Florida 222.18
Exempting disability income benefits from legal processes 222.20
Nonavailability of federal bankruptcy exemptions 222.21
Exemption of pension money and certain tax-exempt funds or accounts from legal processes 222.22
Exemption of assets in qualified tuition programs, medical savings accounts, Coverdell education savings accounts, and hurricane savings accounts from legal process 222.25
Other individual property of natural persons exempt from legal process 222.26
Additional exemptions from legal process concerning medical debt 222.29
No exemption for fraudulent transfers 222.30
Fraudulent asset conversions 222.061
Method of exempting personal property 222.201
Availability of federal bankruptcy exemptions

Current through Fall 2025

§ 222.03. Survey at instance of dissatisfied creditor's source at flsenate​.gov