Florida Statutes
Fla. Stat. § 679.1041 (2025)
Control of deposit account.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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679.1041 Control of deposit account.—
(1) A secured party has control of a deposit account if any of the following applies:
(a) The secured party is the bank with which the deposit account is maintained.
(b) The debtor, secured party, and bank have agreed in a signed record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor.
(c) The secured party becomes the bank’s customer with respect to the deposit account.
(d) Another person, other than the debtor:
1. Has control of the deposit account and acknowledges that it has control on behalf of the secured party; or
2. Obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party.
(2) A secured party that has satisfied subsection (1) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
Notes of Decisions
Cited in 2
cases, 2004–2016 · leading case: Brown v. Master Fin., Inc. (In Re Brown), 311 B.R. 282 (Bankr. M.D. Fla. 2004).
Brown v. Master Fin., Inc. (In Re Brown), 311 B.R. 282 (Bankr. M.D. Fla. 2004). “Plaintiff points out that Master: 1) would be expected to hold the funds in a depository institution pursuant to Paragraph 2 of the mortgage, 2) would have control over the disposition of the funds to pay taxes and insurance at the appropriate time, and 3) would be the customer…”
In re Tuscany Energy, LLC, 561 B.R. 910 (Bankr. S.D. Florida 2016). “Florida Statutes § 679.1041. The account that was the source of the Pre-Petition Retainer was not at Armstrong Bank.”
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