Florida Statute 679.1091 - Full Text and Legal Analysis

The 2025 Florida Statutes

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; s. 158, ch. 2025-92.

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Amendments to 679.1091

Annotations, Discussions, Cases:

Cases Citing Statute 679.1091

Total Results: 8

Brown v. Master Financial, Inc. (In Re Brown)

311 B.R. 282, 17 Fla. L. Weekly Fed. B 215, 2004 Bankr. LEXIS 904, 2004 WL 1490312

United States Bankruptcy Court, M.D. Florida | Filed: Feb 3, 2004 | Docket: 1847912

Cited 3 times | Published

exceptions, *288 none of which applies here, § 679.1091(4)(k) of the Florida Statutes excludes from secured

Department of Transportation v. United Capital Funding Corp.

219 So. 3d 126, 92 U.C.C. Rep. Serv. 2d (West) 668, 2017 WL 1536070, 2017 Fla. App. LEXIS 5902

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60266466

Cited 2 times | Published

sale of accounts, including accounts receivable. § 679.1091(l)(c). In that connection, section 679.4061 defines

Sunz Insurance Company v. U.S. Treasury Department, Internal Revenue Service

Court of Appeals for the Eleventh Circuit | Filed: Jan 8, 2025 | Docket: 67709060

Published

Argued: Aug 18, 2023

obli- gation to pay.” Fla. Stat. Ann. § 679.1091 cmt.15 (West 2024). Here, Payroll’s BP

HSBC Bank USA, N.A. v. Rolando Perez, Juan G. Guerra, Esperanza Medina, LaSalle, Bank, N.A., and U.S. Bank, N.A.

165 So. 3d 696, 86 U.C.C. Rep. Serv. 2d (West) 565, 2015 Fla. App. LEXIS 6716, 2015 WL 2078683

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2679361

Published

mortgage. § 679.1091, Fla. Stat. Ann., UCC cmt. 7 (West 2008); see also § 679.1091(3)(k), Fla

In Re Royal West Properties, Inc.

441 B.R. 158, 22 Fla. L. Weekly Fed. B 637, 2010 Bankr. LEXIS 4902, 54 Bankr. Ct. Dec. (CRR) 44

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 29, 2010 | Docket: 2056855

Published

interest in real property. See Fla. Stat. Ann. § 679.1091(4)(k) (West 2010) (specifically excluding from

Hennessey Capital SE, LLC v. David (In Re Miller Engineering, Inc.)

398 B.R. 473, 21 Fla. L. Weekly Fed. B 551, 2008 Bankr. LEXIS 3135

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 24, 2008 | Docket: 1444308

Published

recognize this historic exception. See Fla. Stat. § 679.1091 (2008); see also Flanigan's Enter, v. Barnett

Dickason v. Marine National Bank of Naples, N.A.

898 So. 2d 1170, 57 U.C.C. Rep. Serv. 2d (West) 127, 2005 Fla. App. LEXIS 4623, 2005 WL 762905

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 64837464

Published

Article 9 of the UCC applies to consignments. § 679.1091(l)(d), Fla. Stat. (2003). “The security interest

In re Cypress Foods, Inc.

278 B.R. 622, 15 Fla. L. Weekly Fed. B 191, 2002 Bankr. LEXIS 565, 39 Bankr. Ct. Dec. (CRR) 170, 2002 WL 1160717

United States Bankruptcy Court, M.D. Florida | Filed: May 23, 2002 | Docket: 65782394

Published

Florida, especially as set forth in Fla. Stat. § 679.1091, which provides in Subelause (3)(h) that: (3)