The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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F.S. 679.1091

679.1091 Scope.—

(1) Except as otherwise provided in subsections (3) and (4), this chapter applies to:

(a) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;

(b) An agricultural lien;

(d) A consignment;

(e) A security interest arising under s. 672.401, s. 672.502, s. 672.711, or s. 680.508(5), as provided in s. 679.1101; and

(f) A security interest arising under s. 674.2101 or s. 675.118.

(2) The application of this chapter to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this chapter does not apply.

(3) This chapter does not apply to the extent that:

(a) A statute, regulation, or treaty of the United States preempts this chapter; or

(b) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under s. 675.114.

(4) This chapter does not apply to:

(a) A landlord’s lien, other than an agricultural lien;

(b) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but s. 679.333 applies with respect to priority of the lien;

(d) A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;

(e) An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;

(f) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;

(g) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;

(h) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;

(i) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

(j) A right of recoupment or set-off, but:

1. Section 679.340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and

2. Section 679.4041 applies with respect to defenses or claims of an account debtor;

(k) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:

1. Liens on real property in ss. 679.2031 and 679.3081;

2. Fixtures in s. 679.334;

3. Fixture filings in ss. 679.5011, 679.5021, 679.512, 679.516, and 679.519; and

4. Security agreements covering personal and real property in s. 679.604;

(l) An assignment of a claim arising in tort, other than a commercial tort claim, but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;

(m) An assignment of a deposit account, other than a nonnegotiable certificate of deposit, in a consumer transaction, but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;

(n) Any transfer by a government or governmental unit; or

(o) A transfer or pledge of, or creation of a security interest in, any interest or right or portion of any interest or right in any storm-recovery property as defined in s. 366.8260.

History.—s. 1, ch. 2001-198; s. 2, ch. 2005-107.

F.S. 679.1091 on Google Scholar

F.S. 679.1091 on Casetext

Amendments to 679.1091

Arrestable Offenses / Crimes under Fla. Stat. 679.1091

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.1091.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE CLIMATE CONTROL MECHANICAL SERVICES, INC. LLC, v. v. LLC, LLC,, 570 B.R. 673 (Bankr. M.D. Fla. 2017)

. . . . §§ 679.1091, 679.1021(1)(b), Fla. Stat. (2013). Dep’t of Transp. v. . . .

DEPARTMENT OF TRANSPORTATION, v. UNITED CAPITAL FUNDING CORP., 219 So. 3d 126 (Fla. Dist. Ct. App. 2017)

. . . . § 679.1091(l)(c). . . . But, as we explain, the plain language of section 679.1091 excludes this construction. . . . In everyday usage, section 679.1091(4)(n)’s provision that “[t]his chapter does not apply to .... . . . In other words, the plain terms of section 679.1091(1) establish that Article 9 does not apply as an . . . See § 679.1091(1). . . .

HSBC BANK USA, N. A. v. PEREZ, G. N. A. U. S. N. A. N. A. N. A. WMALT, 165 So. 3d 696 (Fla. Dist. Ct. App. 2015)

. . . . § 679.1091, Fla. Stat. Ann., UCC cmt. 7 (West 2008); see also § 679.1091(3)(k), Fla. . . . As Comment 7 to section 679.1091 explains: O borrows $10,000 from M and secures its repayment obligation . . . Because of the application of section 679.1091(2), HSBC’s possession of the note gave it “an attached . . . security interest in the mortgage lien that secure[d] the note.” § 679.1091, Fla. . . . Comment 7 provides that it follows from subsection 679.1091(2) that an attempt to obtain or perfect a . . .

In ROYAL WEST PROPERTIES, INC., 441 B.R. 158 (Bankr. S.D. Fla. 2010)

. . . . § 679.1091(4)(k) (West 2010) (specifically excluding from the scope of Chapter 679 “[t]he creation . . . Aon. § 679.1091(4)(k) (West 2010) (attachment of a security interest in a mortgage on real property under . . .

In MILLER ENGINEERING, INC. SE, LLC, v. L. III,, 398 B.R. 473 (Bankr. S.D. Fla. 2008)

. . . . § 679.1091 (2008); see also Flanigan’s Enter. v. . . .

In L. CRANDALL,, 346 B.R. 220 (Bankr. M.D. Fla. 2006)

. . . . §§ 679.1091; 679.2031; 319.27(2). . . .

L. DICKASON, Jr. d b a v. MARINE NATIONAL BANK OF NAPLES, N. A., 898 So. 2d 1170 (Fla. Dist. Ct. App. 2005)

. . . . § 679.1091(l)(d), Fla. Stat. (2003). . . .

In BROWN, v. UMLIC VP, LLC,, 311 B.R. 282 (Bankr. M.D. Fla. 2004)

. . . With certain exceptions, none of which applies here, § 679.1091(4)(k) of the Florida Statutes excludes . . .

In CYPRESS FOODS, INC., 278 B.R. 622 (Bankr. M.D. Fla. 2002)

. . . . § 679.1091, which provides in Subelause (3)(h) that: (3) This chapter does not apply to the extent . . . Stat. § 679.1091 was replaced by Fla. . . . Stat. § 679.1091(3)(h) refers to an interest in a claim in a policy or under the policy if made by the . . .