Florida Statutes

Fla. Stat. § 672.105 (2025)

Definitions: transferability; “goods”; “future” goods; “lot”; “commercial unit.”

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672.105 Definitions: transferability; “goods”; “future” goods; “lot”; “commercial unit.”—

(1) “Goods” means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (chapter 678) and things in action. “Goods” also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (s. 672.107).

(2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are “future” goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.

(3) There may be a sale of a part interest in existing identified goods.

(4) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller’s interest in the bulk be sold to the buyer who then becomes an owner in common.

(5) “Lot” means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.

(6) “Commercial unit” means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a single whole.

History.—s. 1, ch. 65-254.

Note.—s. 2-105, U.C.C.; supersedes s. 678.54.

Notes of Decisions

Cited in 22 cases (2 in the last 5 years), 1972–2025 · leading case: US Fid. & Guar. Co. v. N. Am. Steel Corp., 335 So. 2d 18 (Fla. 2d DCA 1976).

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US Fid. & Guar. Co. v. N. Am. Steel Corp., 335 So. 2d 18 (Fla. 2d DCA 1976). · cites it 4× “NASCO contends that the fabricated pipes are goods defined in Fla.Stat § 672.105 and that under Fla. Stat.”

Armadillo Distrib. Enter., Inc. v. Hai Yun Musical Instruments Manufacture Co., 142 F. Supp. 3d 1245 (M.D. Fla. 2015). · cites it 2× “); Fla. Stat. § 672.105 (1) (defining goods to include specially-manufactured products).”

Cardozo v. True, 342 So. 2d 1053 (Fla. 2d DCA 1977). · cites it 2× “Section 672.105, Florida Statutes. Cf. Lake Wales Publishing Co.”

Burton v. Artery Co., 367 A.2d 935 (Md. 1977). “The court said, “Since the predominant] nature of the transaction was the furnishing of a product rather than services, we believe that the fabricated pipe could properly be characterized as goods within the meaning of Fla. Stat. § 672.105 .”); Berry v. G. D. Searle & Co.”

Zell v. Cobb, 566 So. 2d 806 (Fla. 3d DCA 1990). · cites it 2× “However, the comments to section 672.105, Florida Statutes, the section that defines "goods" states: "`Investment securities' are expressly excluded from coverage of this Article.”

Allied Shelving & Equip., Inc. v. Nat'l Deli, LLC, 154 So. 3d 482 (Fla. 3d DCA 2015). · cites it 2× “” § 672.105(1), Fla. Stat. (2011). The term “services,” conversely, is not defined in the UCC, but generally refers to some sort of manual labor or personal utility rather than a physical object that has been sold or purchased.”

AASI Creditor Liquidating Trust ex rel. Welt v. Oracle USA, Inc. (In re All Am. Semiconductor, Inc.), 490 B.R. 418 (Bankr. S.D. Florida 2013). · cites it 2× “” Fla. Stat. § 672.105 (1). Often contracts are both for goods and services.”

Mahler v. Allied Marine, 513 So. 2d 677 (Fla. 3d DCA 1987). · cites it 2× “§ 672.105(1), Fla. Stat. (1985); Puamier v.”

Kit Car World, Inc. v. Skolnick, 616 So. 2d 1051 (Fla. 5th DCA 1993). · cites it 2× “Section 672.105(2), Florida Statutes (1991), states that goods must be both existing and identified before any interest in them can pass.”

Equico Lessors, Inc. v. Maruka Mach. Corp. of Am., 523 So. 2d 665 (Fla. 5th DCA 1988). · cites it 2× “See § 672.105(2), Fla. Stat. (1979). As the appellant argues in its brief: Thus, in the time period prior to March 12, 1980 Mercury contracted to sell the machine to Nova, Nova contracted to sell the machine to Servico, and Servico contracted to assign the sale to Equico.”

Wolf Ridge Plastics v. Jacksonville Elec., 388 So. 2d 1298 (Fla. 1st DCA 1980). “2nd DCA 1976), holding that fabricated pipe could properly be characterized as "goods" within the meaning of the Uniform Commercial Code, Section 672.105. [4] Letter from Au's attorney to Wolf Ridge's attorney, dated December 7, 1977: "This letter will confirm our telephone…”

Seiler v. Hadley (In Re GIC Gov't Sec.), 64 B.R. 161 (Bankr. M.D. Fla. 1986). “Third, § 546(c) applies only to “goods” and § 2-105(1) of the Uniform Commercial Code, adopted by Florida Statute § 672.105(1), expressly excludes investment securities such as the one in issue here from the definition of goods.”

Show all 22 citing cases →

— 672.105(1) — 7 cases

Allied Shelving & Equip., Inc. v. Nat'l Deli, LLC, 154 So. 3d 482 (Fla. 3d DCA 2015). “” § 672.105(1), Fla. Stat. (2011). The term “services,” conversely, is not defined in the UCC, but generally refers to some sort of manual labor or personal utility rather than a physical object that has been sold or purchased.”

Mahler v. Allied Marine, 513 So. 2d 677 (Fla. 3d DCA 1987). “§ 672.105(1), Fla. Stat. (1985); Puamier v.”

Capital Assocs., Inc. v. Hudgens, 455 So. 2d 651 (Fla. 4th DCA 1984).

Crawford v. Gold Kist, Inc., 614 F. Supp. 682 (M.D. Fla. 1985).

— 672.105(2) — 2 cases

Kit Car World, Inc. v. Skolnick, 616 So. 2d 1051 (Fla. 5th DCA 1993). “Section 672.105(2), Florida Statutes (1991), states that goods must be both existing and identified before any interest in them can pass.”

Equico Lessors, Inc. v. Maruka Mach. Corp. of Am., 523 So. 2d 665 (Fla. 5th DCA 1988). “See § 672.105(2), Fla. Stat. (1979). As the appellant argues in its brief: Thus, in the time period prior to March 12, 1980 Mercury contracted to sell the machine to Nova, Nova contracted to sell the machine to Servico, and Servico contracted to assign the sale to Equico.”

— 672.105(3) — 1 case

La Rosa v. Fortier, 492 So. 2d 425 (Fla. 4th DCA 1986).

— 672.105(6) — 1 case

John H. Phipps Broad. Stations, Inc. v. Int'l Harvester Co., 45 Fla. Supp. 82 (Fla. Cir. Ct. 1976).

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