(1) A security interest held by a secured party having control of the deposit account under s. 679.1041 has priority over a conflicting security interest held by a secured party that does not have control.
(2) Except as otherwise provided in subsections (3) and (4), security interests perfected by control under s. 679.3141 rank according to priority in time of obtaining control.
(3) Except as otherwise provided in subsection (4), a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party.
(4) A security interest perfected by control under s. 679.1041(1)(c) has priority over a security interest held by the bank with which the deposit account is maintained.
History.—s. 3, ch. 2001-198.
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.