Florida Statutes
Part III - Perfection and Priority (Ss. 679.3011-679.342)
679.326 - Priority of security interests created by new debtor.


(1) Subject to subsection (2), a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and perfected by a filed financing statement that would be ineffective to perfect the security interest but for the application of s. 679.508 or ss. 679.508 and 679.3161(9)(a) is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement.
(2) The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection (1). However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor’s having become bound.
History.—s. 3, ch. 2001-198; s. 7, ch. 2012-59.

Structure Florida Statutes

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.

679.3031 - Law governing perfection and priority of security interests in goods covered by a certificate of title.

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.

679.3101 - When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.

679.3111 - Perfection of security interests in property subject to certain statutes, regulations, and treaties.

679.3121 - Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without...

679.3131 - When possession by or delivery to secured party perfects security interest without filing.

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.

679.3181 - No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.

679.319 - Rights and title of consignee with respect to creditors and purchasers.

679.320 - Buyer of goods.

679.321 - Licensee of general intangible and lessee of goods in ordinary course of business.

679.322 - Priorities among conflicting security interests in and agricultural liens on same collateral.

679.323 - Future advances.

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.

679.331 - Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under chapter 678.

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.

679.335 - Accessions.

679.336 - Commingled goods.

679.337 - Priority of security interests in goods covered by certificate of title.

679.338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

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.