Florida has opted out of the federal bankruptcy exemptions,
but the opt-out applies only to its residents. “[R]esidents of this
state shall not be entitled to the federal exemptions provided in
§ 522(d) of the Bankruptcy Code . . ..” Fla. Stat. § 222.20.
Therefore, if this state is the applicable state (as determined
by the method stated on the home page of this site), debtors
who are not Florida residents on the date of filing bankruptcy
may use the federal exemptions.
In re Camp, 631 F.3d 757 (F.
3d 2011) (Debtor, not a resident of applicable state, Florida,
could use federal exemptions because Florida opt-out
provision, by its plain terms, applied only to Florida residents);
In re Beckwith, 448 B.R. 757 (Bankr.S.D.Ohio 2011) (Ohio
resident for whom Florida is the applicable state may use
federal exemptions because Florida has limited its exemptions
and opt-out to residents.);
In re Battle, 2006 WL 3702734
(Bankr.W.D.Tex.2006) (Because debtor was not resident of
Florida on date of filing, debtor could not claim Florida’s
exemptions, but Florida’s opt-out, which was limited to
residents, did not bar debtor from claiming federal
In re Schulz, 101 B.R. 301 (Bankr.N.D.Fla.1989)
(Because debtor was not resident of Florida on date of filing,
and Florida’s exemptions and opt-out were limited to residents,
debtor was not eligible for state exemptions, but was entitled to
federal exemptions).

Click here for more support