(1) A security interest is not invalid or fraudulent against creditors solely because:
(a) The debtor has the right or ability to:
1. Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;
2. Collect, compromise, enforce, or otherwise deal with collateral;
3. Accept the return of collateral or make repossessions; or
4. Use, commingle, or dispose of proceeds; or
(b) The secured party fails to require the debtor to account for proceeds or replace collateral.
(2) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.
History.—s. 2, ch. 2001-198.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 679 - Uniform Commercial Code: Secured Transactions
679.2011 - General effectiveness of security agreement.
679.2021 - Title to collateral immaterial.
679.2041 - After-acquired property; future advances.
679.2051 - Use or disposition of collateral permissible.
679.2061 - Security interest arising in purchase or delivery of financial asset.
679.2071 - Rights and duties of secured party having possession or control of collateral.
679.2081 - Additional duties of secured party having control of collateral.
679.209 - Duties of secured party if account debtor has been notified of assignment.
679.210 - Request for accounting; request regarding list of collateral or statement of account.