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Part I - General Provisions (Ss. 679.1011-679.1101)
679.1011 - Short title. - History.—s. 1, ch. 2001-198.
679.1021 - Definitions and index of definitions. - (1) In this chapter, the term: (a) “Accession” means goods...
679.1031 - Purchase-money security interest; application of payments; burden of establishing. - (1) In this section, the term: (a) “Purchase-money collateral” means...
679.1041 - Control of deposit account. - (1) A secured party has control of a deposit account...
679.1051 - Control of electronic chattel paper. - (1) A secured party has control of electronic chattel paper...
679.1061 - Control of investment property. - (1) A person has control of a certificated security, uncertificated...
679.1071 - Control of letter-of-credit right. - History.—s. 1, ch. 2001-198.
679.1081 - Sufficiency of description. - (1) Except as otherwise provided herein and in subsections (3),...
679.1091 - Scope. - (1) Except as otherwise provided in subsections (3) and (4),...
679.1101 - Security interests arising under chapter 672 or chapter 680. - (1) The security interest is enforceable, even if s. 679.2031(2)(c)...
Part II - Effectiveness of Security Agreement; Attachment of Security Interest; Rights of Parties to Security Agreement (Ss. 679.2011-679.210)
679.2011 - General effectiveness of security agreement. - (1) Except as otherwise provided in the Uniform Commercial Code,...
679.2021 - Title to collateral immaterial. - History.—s. 2, ch. 2001-198.
679.2031 - Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites. - (1) A security interest attaches to collateral when it becomes...
679.2041 - After-acquired property; future advances. - (1) Except as otherwise provided in subsection (2), a security...
679.2051 - Use or disposition of collateral permissible. - (1) A security interest is not invalid or fraudulent against...
679.2061 - Security interest arising in purchase or delivery of financial asset. - (1) A security interest in favor of a securities intermediary...
679.2071 - Rights and duties of secured party having possession or control of collateral. - (1) Except as otherwise provided in subsection (4), a secured...
679.2081 - Additional duties of secured party having control of collateral. - (1) This section applies to cases in which there is...
679.209 - Duties of secured party if account debtor has been notified of assignment. - (1) Except as otherwise provided in subsection (3), this section...
679.210 - Request for accounting; request regarding list of collateral or statement of account. - (1) In this section, the term: (a) “Request” means a...
Part III - Perfection and Priority (Ss. 679.3011-679.342)
679.3011 - Law governing perfection and priority of security interests. - (1) Except as otherwise provided in this section, while a...
679.3021 - Law governing perfection and priority of agricultural liens. - History.—s. 3, ch. 2001-198.
679.3031 - Law governing perfection and priority of security interests in goods covered by a certificate of title. - (1) This section applies to goods covered by a certificate...
679.3041 - Law governing perfection and priority of security interests in deposit accounts. - (1) The local law of a bank’s jurisdiction governs perfection,...
679.3051 - Law governing perfection and priority of security interests in investment property. - (1) Except as otherwise provided in subsection (3), the following...
679.3061 - Law governing perfection and priority of security interests in letter-of-credit rights. - (1) Subject to subsection (3), the local law of the...
679.3071 - Location of debtor. - (1) In this section, the term “place of business” means...
679.3081 - When security interest or agricultural lien is perfected; continuity of perfection. - (1) Except as otherwise provided in this section and s....
679.3091 - Security interest perfected upon attachment. - (1) A purchase-money security interest in consumer goods, except as...
679.3101 - When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply. - (1) Except as otherwise provided in subsection (2) and s....
679.3111 - Perfection of security interests in property subject to certain statutes, regulations, and treaties. - (1) Except as otherwise provided in subsection (4), the filing...
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... - (1) A security interest in chattel paper, negotiable documents, instruments,...
679.3131 - When possession by or delivery to secured party perfects security interest without filing. - (1) Except as otherwise provided in subsection (2), a secured...
679.3141 - Perfection by control. - (1) A security interest in investment property, deposit accounts, letter-of-credit...
679.3151 - Secured party’s rights on disposition of collateral and in proceeds. - (1) Except as otherwise provided in this chapter and in...
679.3161 - Continued perfection of security interest following change in governing law. - (1) A security interest perfected pursuant to the law of...
679.3171 - Interests that take priority over or take free of security interest or agricultural lien. - (1) A security interest or agricultural lien is subordinate to...
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. - (1) A debtor who has sold an account, chattel paper,...
679.319 - Rights and title of consignee with respect to creditors and purchasers. - (1) Except as otherwise provided in subsection (2), for purposes...
679.320 - Buyer of goods. - (1) Except as otherwise provided in subsection (5), a buyer...
679.321 - Licensee of general intangible and lessee of goods in ordinary course of business. - (1) In this section, the term “licensee in ordinary course...
679.322 - Priorities among conflicting security interests in and agricultural liens on same collateral. - (1) Except as otherwise provided in this section, priority among...
679.323 - Future advances. - (1) Except as otherwise provided in subsection (3), for purposes...
679.324 - Priority of purchase-money security interests. - (1) Except as otherwise provided in subsection (7), a perfected...
679.325 - Priority of security interests in transferred collateral. - (1) Except as otherwise provided in subsection (2), a security...
679.326 - Priority of security interests created by new debtor. - (1) Subject to subsection (2), a security interest that is...
679.327 - Priority of security interests in deposit account. - (1) A security interest held by a secured party having...
679.328 - Priority of security interests in investment property. - (1) A security interest held by a secured party having...
679.329 - Priority of security interests in letter-of-credit right. - (1) A security interest held by a secured party having...
679.330 - Priority of purchaser of chattel paper or instrument. - (1) A purchaser of chattel paper has priority over a...
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. - (1) This chapter does not limit the rights of a...
679.332 - Transfer of money; transfer of funds from deposit account. - (1) A transferee of money takes the money free of...
679.333 - Priority of certain liens arising by operation of law. - (1) In this section, the term “possessory lien” means an...
679.334 - Priority of security interests in fixtures and crops. - (1) A security interest under this chapter may be created...
679.335 - Accessions. - (1) A security interest may be created in an accession...
679.336 - Commingled goods. - (1) In this section, the term “commingled goods” means goods...
679.337 - Priority of security interests in goods covered by certificate of title. - (1) A buyer of the goods, other than a person...
679.338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information. - (1) The security interest or agricultural lien is subordinate to...
679.339 - Priority subject to subordination. - History.—s. 3, ch. 2001-198.
679.340 - Effectiveness of right of recoupment or set-off against deposit account. - (1) Except as otherwise provided in subsection (3), a bank...
679.341 - Bank’s rights and duties with respect to deposit account. - (1) The creation, attachment, or perfection of a security interest...
679.342 - Bank’s right to refuse to enter into or disclose existence of control agreement. - History.—s. 3, ch. 2001-198.
Part IV - Rights of Third Parties (Ss. 679.40111-679.409)
679.40111 - Alienability of debtor’s rights. - (1) Except as otherwise provided in subsection (2) and ss....
679.4021 - Secured party not obligated on contract of debtor or in tort. - History.—s. 4, ch. 2001-198.
679.4031 - Agreement not to assert defenses against assignee. - (1) In this section, the term “value” has the meaning...
679.4041 - Rights acquired by assignee; claims and defenses against assignee. - (1) Unless an account debtor has made an enforceable agreement...
679.4051 - Modification of assigned contract. - (1) A modification of or substitution for an assigned contract...
679.4061 - Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective. - (1) Subject to subsections (2) through (9), an account debtor...
679.4071 - Restrictions on creation or enforcement of security interest in leasehold interest or in lessor’s residual interest. - (1) Except as otherwise provided in subsection (2), a term...
679.4081 - Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective. - (1) Except as otherwise provided in subsections (2) and (8),...
679.409 - Restrictions on assignment of letter-of-credit rights ineffective. - (1) A term in a letter of credit or a...
Part V - Filing (Ss. 679.5011-679.527)
679.5011 - Filing office. - (1) Except as otherwise provided in subsection (2), the office...
679.5021 - Contents of financing statement; record of mortgage as financing statement; time of filing financing statement. - (1) Subject to subsection (2), a financing statement is sufficient...
679.5031 - Name of debtor and secured party. - (1) A financing statement sufficiently provides the name of the...
679.5041 - Indication of collateral. - (1) A description of the collateral pursuant to s. 679.1081;...
679.5051 - Filing and compliance with other statutes and treaties for consignments, leases, bailments, and other transactions. - (1) A consignor, lessor, or bailor of goods, a licensor,...
679.5061 - Effect of errors or omissions. - (1) A financing statement substantially complying with the requirements of...
679.5071 - Effect of certain events on effectiveness of financing statement. - (1) A filed financing statement remains effective with respect to...
679.508 - Effectiveness of financing statement if new debtor becomes bound by security agreement. - (1) Except as otherwise provided in this section, a filed...
679.509 - Persons entitled to file a record. - (1) A person may file an initial financing statement, amendment...
679.510 - Effectiveness of filed record. - (1) A filed record is effective only to the extent...
679.511 - Secured party of record. - (1) A secured party of record with respect to a...
679.512 - Amendment of financing statement. - (1) Subject to s. 679.509, a person may add or...
679.513 - Termination statement. - (1) A secured party shall cause the secured party of...
679.514 - Assignment of powers of secured party of record. - (1) Except as otherwise provided in subsection (3), an initial...
679.515 - Duration and effectiveness of financing statement; effect of lapsed financing statement. - (1) Except as otherwise provided in subsections (2), (5), (6),...
679.516 - What constitutes filing; effectiveness of filing. - (1) Except as otherwise provided in subsection (2), communication of...
679.517 - Effect of indexing errors. - History.—s. 6, ch. 2001-198.
679.518 - Claim concerning inaccurate or wrongfully filed record. - (1) A person may file in the filing office an...
679.519 - Numbering, maintaining, and indexing records; communicating information provided in records. - (1) For each record filed in a filing office, the...
679.520 - Acceptance and refusal to accept record. - (1) A filing office shall refuse to accept a record...
679.521 - Uniform form of written financing statement and amendment. - History.—s. 6, ch. 2001-198.
679.522 - Maintenance and destruction of records. - (1) The filing office shall maintain a record of the...
679.523 - Information from filing office; sale or license of records. - (1) If a person files a written record, the filing...
679.524 - Delay by filing office. - (1) The delay is caused by interruption of communication or...
679.525 - Processing fees. - (1) Except as otherwise provided in subsection (3), the nonrefundable...
679.526 - Filing-office rules. - (1) Consistent with this chapter. (2) Adopted and published in...
679.527 - Florida Secured Transaction Registry. - (1) As used in this section, the term: (a) The...
Part VI - Default (Ss. 679.601-679.628)
679.601 - Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes. - (1) After default, a secured party has the rights provided...
679.602 - Waiver and variance of rights and duties. - (1) Section 679.2071(2)(d)3., which deals with use and operation of...
679.603 - Agreement on standards concerning rights and duties. - (1) The parties may determine by agreement the standards measuring...
679.604 - Procedure if security agreement covers real property or fixtures. - (1) If a security agreement covers both personal and real...
679.605 - Unknown debtor or secondary obligor. - (1) To a person who is a debtor or obligor,...
679.606 - Time of default for agricultural lien. - History.—s. 7, ch. 2001-198.
679.607 - Collection and enforcement by secured party. - (1) If so agreed, and in any event after default,...
679.608 - Application of proceeds of collection or enforcement; liability for deficiency and right to surplus. - (1) If a security interest or agricultural lien secures payment...
679.609 - Secured party’s right to take possession after default. - (1) After default, a secured party: (a) May take possession...
679.610 - Disposition of collateral after default. - (1) After default, a secured party may sell, lease, license,...
679.611 - Notification before disposition of collateral. - (1) In this section, the term “notification date” means the...
679.612 - Timeliness of notification before disposition of collateral. - (1) Except as otherwise provided in subsection (2), whether a...
679.613 - Contents and form of notification before disposition of collateral; general. - (1) The contents of a notification of disposition are sufficient...
679.614 - Contents and form of notification before disposition of collateral; consumer-goods transaction. - (1) A notification of disposition must provide the following information:...
679.615 - Application of proceeds of disposition; liability for deficiency and right to surplus. - (1) A secured party shall apply or pay over for...
679.616 - Explanation of calculation of surplus or deficiency. - (1) In this section, the term: (a) “Explanation” means a...
679.617 - Rights of transferee of collateral. - (1) A secured party’s disposition of collateral after default: (a)...
679.618 - Rights and duties of certain secondary obligors. - (1) A secondary obligor acquires the rights and becomes obligated...
679.619 - Transfer of record or legal title. - (1) In this section, the term “transfer statement” means a...
679.620 - Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral. - (1) Except as otherwise provided in subsection (7), a secured...
679.621 - Notification of proposal to accept collateral. - (1) A secured party that desires to accept collateral in...
679.622 - Effect of acceptance of collateral. - (1) A secured party’s acceptance of collateral in full or...
679.623 - Right to redeem collateral. - (1) A debtor, any secondary obligor, or any other secured...
679.624 - Waiver. - (1) A debtor or secondary obligor may waive the right...
679.625 - Remedies for failure to comply with article. - (1) If it is established that a secured party is...
679.626 - Action in which deficiency or surplus is in issue. - (1) A secured party need not prove compliance with the...
679.627 - Determination of whether conduct was commercially reasonable. - (1) The fact that a greater amount could have been...
679.628 - Nonliability and limitation on liability of secured party; liability of secondary obligor. - (1) Unless a secured party knows that a person is...
Part VII - Transition (Ss. 679.701-679.709)
679.701 - Effective date. - History.—s. 8, ch. 2001-198.
679.702 - Savings clause. - (1) Except as otherwise provided in this part, this act...
679.703 - Security interest perfected before effective date. - (1) A security interest that is enforceable immediately before this...
679.704 - Security interest unperfected before effective date. - (1) Remains an enforceable security interest for 1 year after...
679.705 - Effectiveness of action taken before effective date. - (1) If action, other than the filing of a financing...
679.706 - When initial financing statement suffices to continue effectiveness of financing statement. - (1) The filing of an initial financing statement in the...
679.707 - Amendment or pre-effective date financing statement. - (1) In this section, the term “pre-effective date financing statement”...
679.708 - Persons entitled to file initial financing statement or continuation statement. - (1) The secured party of record authorizes the filing; and...
679.709 - Priority. - (1) This act determines the priority of conflicting claims to...
Part VIII - Transition Provisions for 2013 Amendments (Ss. 679.801-679.808)
679.801 - Saving clause. - (1) Except as otherwise provided in this part, this part...
679.802 - Security interest perfected before effective date. - (1) A security interest that is a perfected security interest...
679.803 - Security interest unperfected before effective date. - (1) Without further action, on July 1, 2013, if the...
679.804 - Effectiveness of action taken before effective date. - (1) The filing of a financing statement before July 1,...
679.805 - When initial financing statement suffices to continue effectiveness of financing statement. - (1) The filing of an initial financing statement in the...
679.806 - Amendment of financing statement filed before July 1, 2013. - (1) On or after July 1, 2013, a person may...
679.807 - Person entitled to file initial financing statement or continuation statement. - (1) The secured party of record authorizes the filing; and...
679.808 - Priority. - History.—ss. 17, 19, ch. 2012-59.