(1) A security interest or agricultural lien is subordinate to the rights of:
(a) A person entitled to priority under s. 679.322; and
(b) Except as otherwise provided in subsection (5), a person who becomes a lien creditor before the earlier of the time:
1. The security interest or agricultural lien is perfected; or
2. One of the conditions specified in s. 679.2031(2)(c) is met and a financing statement covering the collateral is filed.
(2) Except as otherwise provided in subsection (5), a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(3) Except as otherwise provided in subsection (5), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(4) A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
(5) Except as otherwise provided in ss. 679.320 and 679.321, if a person files a financing statement with respect to a purchase-money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.
(6) An encumbrancer or owner, other than the debtor or a lien creditor, who acquires an interest in the related real property takes free of a security interest in goods that are or become fixtures in this state, which interest is perfected only with a financing statement that is not filed as a fixture filing, even if the encumbrancer or owner knows of the existence of such statement. For purposes of s. 695.01, the filing of a financing statement covering goods that are or become fixtures in this state, which statement is not filed as a fixture filing, shall not constitute constructive notice of such security interest to any person, other than a lien creditor, who acquires an interest in the related real property.
(7) The holder of a mortgage or other lien against real property arising under the laws of this state, other than this chapter, has priority with respect to the rents, issues, profits, and proceeds of the real property, including proceeds from the sale thereof, over a security interest in an account consisting of a right to payment of a monetary obligation for the sale of the real property.
History.—s. 3, ch. 2001-198; s. 6, ch. 2002-242; s. 67, ch. 2010-131; s. 6, ch. 2012-59.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 679 - Uniform Commercial Code: Secured Transactions
Part III - Perfection and Priority (Ss. 679.3011-679.342)
679.3011 - Law governing perfection and priority of security interests.
679.3021 - Law governing perfection and priority of agricultural liens.
679.3041 - Law governing perfection and priority of security interests in deposit accounts.
679.3051 - Law governing perfection and priority of security interests in investment property.
679.3061 - Law governing perfection and priority of security interests in letter-of-credit rights.
679.3071 - Location of debtor.
679.3081 - When security interest or agricultural lien is perfected; continuity of perfection.
679.3091 - Security interest perfected upon attachment.
679.3141 - Perfection by control.
679.3151 - Secured party’s rights on disposition of collateral and in proceeds.
679.3161 - Continued perfection of security interest following change in governing law.
679.3171 - Interests that take priority over or take free of security interest or agricultural lien.
679.319 - Rights and title of consignee with respect to creditors and purchasers.
679.321 - Licensee of general intangible and lessee of goods in ordinary course of business.
679.324 - Priority of purchase-money security interests.
679.325 - Priority of security interests in transferred collateral.
679.326 - Priority of security interests created by new debtor.
679.327 - Priority of security interests in deposit account.
679.328 - Priority of security interests in investment property.
679.329 - Priority of security interests in letter-of-credit right.
679.330 - Priority of purchaser of chattel paper or instrument.
679.332 - Transfer of money; transfer of funds from deposit account.
679.333 - Priority of certain liens arising by operation of law.
679.334 - Priority of security interests in fixtures and crops.
679.337 - Priority of security interests in goods covered by certificate of title.
679.339 - Priority subject to subordination.
679.340 - Effectiveness of right of recoupment or set-off against deposit account.
679.341 - Bank’s rights and duties with respect to deposit account.
679.342 - Bank’s right to refuse to enter into or disclose existence of control agreement.