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Florida Statute 679.1041 - Full Text and Legal Analysis Florida Statute 679.1041 | Lawyer Caselaw & Research
Fla. Stat. § 679.1041 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.
History.—s. 1, ch. 2001-198; s. 70, ch. 2025-92.

Cases Citing F.S. 679.1041

Fla. Stat. § 679.1041 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Brown v. Master Fin., Inc. (In Re Brown), 311 B.R. 282 (Bankr. M.D. Fla. 2004).

Cited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 17 Fla. L. Weekly Fed. B 215, 2004 Bankr. LEXIS 904, 2004 WL 1490312

...ghts in the collateral to a secured party; and (c) One of the following conditions is met: 4. The collateral is deposit accounts [3] , electronic chattel paper, investment property, or letter-of-credit rights, and the secured party has control under s. 679.1041, s. 679.1051, s. 679.1061, or s. 679.1071 pursuant to the debtor's security agreement. Section 679.1041 defines control of a deposit account. 679.1041....
...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 of the bank pursuant to § 679.1041 since it would have established the escrow account....
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Cited as authorityIn Re Hughes (2005)
phrase: "rule_authority"
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In re Tuscany Energy, LLC, 561 B.R. 910 (Bankr. S.D. Fla. 2016).

Published | United States Bankruptcy Court, S.D. Florida. | 2016 Bankr. LEXIS 4546, 63 Bankr. Ct. Dec. (CRR) 155

...a control agreement among the secured creditor, the bank, and the debtor, requiring the bank to comply with the secured creditor’s instructions, or (c) the secured creditor must be the bank’s customer with regard to the account. Florida Statutes § 679.1041....

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.