(1) In this section, the term “possessory lien” means an interest, other than a security interest or an agricultural lien:
(a) Which secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person’s business;
(b) Which is created by statute or rule of law in favor of the person; and
(c) The effectiveness of which depends on the person’s possession of the goods.
(2) A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.
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.