Florida Secured Transactions

Florida Statutes ~ Secured Transactions

The following information contains direct links to Florida’s official Secured Transactions Statutes. This information is highly useful if you need to make reference to a particular portion of Florida’s Secured Transaction laws (a/k/a UCC 9). We are working on compiling an outline on the subject, so, if you need additional study material for Secured Transactions, please check back with us. Thank you.

Note: The statutes containing an asterisk * indicate areas that the Florida Board of Bar Examiners tend to focus on when testing Secured Transactions.

Chapter
Title
679.1011 Short title.*
679.1021 Definitions and index of definitions.*
679.1031 Purchase-money security interest; application of payments; burden of establishing.
679.1041 Control of deposit account.
679.1051 Control of electronic chattel paper.
679.1061 Control of investment property.
679.1071 Control of letter-of-credit right.
679.1081 Sufficiency of description.
679.1091 Scope.*
679.1101 Security interests arising under chapter 672 or chapter 680.
679.2011 General effectiveness of security agreement.*
679.2021 Title to collateral immaterial.
679.2031 Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.*
679.2041 After-acquired property; future advances.
679.2051 Use or disposition of collateral permissible.
679.2061 Security interest arising in purchase or delivery of financial asset.
679.2071 Rights and duties of secured party having possession or control of collateral.*
679.2081 Additional duties of secured party having control of collateral.
679.209 Duties of secured party if account debtor has been notified of assignment.
679.210 Request for accounting; request regarding list of collateral or statement of account.
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 filing.*
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.*
679.40111 Alienability of debtor’s rights.
679.4021 Secured party not obligated on contract of debtor or in tort.
679.4031 Agreement not to assert defenses against assignee.
679.4041 Rights acquired by assignee; claims and defenses against assignee.
679.4051 Modification of 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.
679.4071 Restrictions on creation or enforcement of security interest in leasehold interest or in lessor’s residual interest.
679.4081 Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.
679.409 Restrictions on assignment of letter-of-credit rights ineffective.
679.5011 Filing office.*
679.5021 Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.*
679.5031 Name of debtor and secured party.*
679.5041 Indication of collateral.
679.5051 Filing and compliance with other statutes and treaties for consignments, leases, bailments, and other transactions.
679.5061 Effect of errors or omissions.*
679.5071 Effect of certain events on effectiveness of financing statement.*
679.508 Effectiveness of financing statement if new debtor becomes bound by security agreement.*
679.509 Persons entitled to file a record.*
679.510 Effectiveness of filed record.
679.511 Secured party of record.
679.512 Amendment of financing statement.
679.513 Termination statement.
679.514 Assignment of powers of secured party of record.*
679.515 Duration and effectiveness of financing statement; effect of lapsed financing statement.*
679.516 What constitutes filing; effectiveness of filing.*
679.517 Effect of indexing errors.
679.518 Claim concerning inaccurate or wrongfully filed record.*
679.519 Numbering, maintaining, and indexing records; communicating information provided in records.
679.520 Acceptance and refusal to accept record.
679.521 Uniform form of written financing statement and amendment.
679.522 Maintenance and destruction of records.
679.523 Information from filing office; sale or license of records.
679.524 Delay by filing office.*
679.525 Processing fees.
679.526 Filing-office rules.*
679.527 Florida Secured Transaction Registry.
679.601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.*
679.602 Waiver and variance of rights and duties.*
679.603 Agreement on standards concerning rights and duties.*
679.604 Procedure if security agreement covers real property or fixtures.*
679.605 Unknown debtor or secondary obligor.
679.606 Time of default for agricultural lien.*
679.607 Collection and enforcement by secured party.*
679.608 Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
679.609 Secured party’s right to take possession after default.*
679.610 Disposition of collateral after default.
679.611 Notification before disposition of collateral.
679.612 Timeliness of notification before disposition of collateral.
679.613 Contents and form of notification before disposition of collateral; general.
679.614 Contents and form of notification before disposition of collateral; consumer-goods transaction.
679.615 Application of proceeds of disposition; liability for deficiency and right to surplus.
679.616 Explanation of calculation of surplus or deficiency.
679.617 Rights of transferee of collateral.
679.618 Rights and duties of certain secondary obligors.
679.619 Transfer of record or legal title.
679.620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.
679.621 Notification of proposal to accept collateral.
679.622 Effect of acceptance of collateral.
679.623 Right to redeem collateral.
679.624 Waiver.
679.625 Remedies for failure to comply with article.*
679.626 Action in which deficiency or surplus is in issue.
679.627 Determination of whether conduct was commercially reasonable.
679.628 Nonliability and limitation on liability of secured party; liability of secondary obligor.
679.701 Effective date.
679.702 Savings clause.
679.703 Security interest perfected before effective date.
679.704 Security interest unperfected before effective date.
679.705 Effectiveness of action taken before effective date.
679.706 When initial financing statement suffices to continue effectiveness of financing statement.*
679.707 Amendment or pre-effective date financing statement.
679.708 Persons entitled to file initial financing statement or continuation statement.*
679.709 Priority.*
679.801 Saving clause.
679.802 Security interest perfected before effective date.
679.803 Security interest unperfected before effective date.
679.804 Effectiveness of action taken before effective date.
679.805 When initial financing statement suffices to continue effectiveness of financing statement.*
679.806 Amendment of financing statement filed before July 1, 2013.*
679.807 Person entitled to file initial financing statement or continuation statement.*
679.808 Priority.*

Sources:
1. www.flsenate.gov/Laws/Statutes/2019?chapter=679
2. The Florida Board of Bar Examiners

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