Florida Statutes
Fla. Stat. § 679.1091 (2025)
Scope.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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;
(c) A sale of accounts, chattel paper, payment intangibles, or promissory notes;
(d) A consignment;
(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;
(c) An assignment of a claim for wages, salary, or other compensation of an employee;
(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:
2. Fixtures in s. 679.334;
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.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 2002–2025 · leading case: Dep't of Transp. v. United Capital Funding Corp., 219 So. 3d 126 (Fla. 2d DCA 2017).
Dep't of Transp. v. United Capital Funding Corp., 219 So. 3d 126 (Fla. 2d DCA 2017). “It points to section 679.1091, titled “Scope,” and in particular to subsection (4)(n), which states that *131 “[t]his chapter does not apply to .”
HSBC Bank USA, N.A. v. Rolando Perez, Juan G. Guerra, Esperanza Medina, LaSalle, Bank, N.A., & U.S. Bank, N.A., 165 So. 3d 696 (Fla. 4th DCA 2015). “§ 679.1091, Fla. Stat. Ann., UCC cmt. 7 (West 2008); see also § 679.”
In Re Crandall, 346 B.R. 220 (Bankr. M.D. Fla. 2006). “However, as the Trustee points out, the Debtor conceded at the 341 Meeting of Creditors that although a lien appears on the title to her vehicle, the parties never executed a written security agreement.”
Dickason v. Marine Nat'l Bank of Naples, N.A., 898 So. 2d 1170 (Fla. 2d DCA 2005). “§ 679.1091(l)(d), Fla. Stat. (2003). “The security interest of a consignor in goods that are the subject of a consignment is a purchase-money security interest in inventory.”
Carrier Enter., LLC v. City of Dunedin (In re Climate Control Mech. Servs., Inc.), 570 B.R. 673 (Bankr. M.D. Fla. 2017). “§§ 679.1091, 679.1021(1)(b), Fla. Stat. (2013).”
Brown v. Master Fin., Inc. (In Re Brown), 311 B.R. 282 (Bankr. M.D. Fla. 2004). “With certain exceptions, *288 none of which applies here, § 679.1091(4)(k) of the Florida Statutes excludes from secured transactions in personalty “the creation or transfer of an interest in or lien on real property, including a lease or rents thereunder.”
In Re Royal West Props., Inc., 441 B.R. 158 (Bankr. S.D. Florida 2010). “See Fla. Stat. Ann. § 679.1091 (4)(k) (West 2010) (specifically excluding from the scope of Chapter 679 “[t]he creation or transfer of an interest in or lien on real property”).”
Hennessey Capital SE, LLC v. David (In Re Miller Eng'g, Inc.), 398 B.R. 473 (Bankr. S.D. Florida 2008). “See Fla. Stat. § 679.1091 (2008); see also Flanigan’s Enter.”
In re Cypress Foods, Inc., 278 B.R. 622 (Bankr. M.D. Fla. 2002). “To resolve this question requires this Court to construe the reach and the scope of Article 9 of the UCC as adopted by Florida, especially as set forth in Fla. Stat. § 679.1091 , which provides in Subelause (3)(h) that: (3) This chapter does not apply to the extent that: (h) A…”
Sunz Ins. Co. v. U.S. Treasury Dep't, Internal Revenue Serv. (11th Cir. 2025). “” Fla. Stat. Ann. § 679.1091 cmt.15 (West 2024).”
Westlake Flooring Co., LLC, D/B/A Westlake Flooring Servs. v. Miami Motorsports, LLC (Fla. 4th DCA 2025). “” § 679.1091, Fla. Stat. (2015). 1 As explained by White and Summers, “Article 9 includes many ‘priority’ rules—rules which determine who prevails as between competing claimants to the collateral.”
Baruth v. Stellar Recovery, Inc. (D. Colo. 2019). “§ 4-9-109 (a)(1); Fla. Stat. § 679.1091 (1)(a). “[W]hile a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.”
— 679.1091(1) — 1 case
Dep't of Transp. v. United Capital Funding Corp., 219 So. 3d 126 (Fla. 2d DCA 2017). “It points to section 679.1091, titled “Scope,” and in particular to subsection (4)(n), which states that *131 “[t]his chapter does not apply to .”
— 679.1091(2) — 1 case
HSBC Bank USA, N.A. v. Rolando Perez, Juan G. Guerra, Esperanza Medina, LaSalle, Bank, N.A., & U.S. Bank, N.A., 165 So. 3d 696 (Fla. 4th DCA 2015). “§ 679.1091, Fla. Stat. Ann., UCC cmt. 7 (West 2008); see also § 679.”
— 679.1091(3)(k) — 1 case
HSBC Bank USA, N.A. v. Rolando Perez, Juan G. Guerra, Esperanza Medina, LaSalle, Bank, N.A., & U.S. Bank, N.A., 165 So. 3d 696 (Fla. 4th DCA 2015). “§ 679.1091, Fla. Stat. Ann., UCC cmt. 7 (West 2008); see also § 679.”
— 679.1091(4) — 1 case
Dep't of Transp. v. United Capital Funding Corp., 219 So. 3d 126 (Fla. 2d DCA 2017). “It points to section 679.1091, titled “Scope,” and in particular to subsection (4)(n), which states that *131 “[t]his chapter does not apply to .”
— 679.1091(4)(k) — 2 cases
Brown v. Master Fin., Inc. (In Re Brown), 311 B.R. 282 (Bankr. M.D. Fla. 2004). “With certain exceptions, *288 none of which applies here, § 679.1091(4)(k) of the Florida Statutes excludes from secured transactions in personalty “the creation or transfer of an interest in or lien on real property, including a lease or rents thereunder.”
In Re Royal West Props., Inc., 441 B.R. 158 (Bankr. S.D. Florida 2010). “See Fla. Stat. Ann. § 679.1091 (4)(k) (West 2010) (specifically excluding from the scope of Chapter 679 “[t]he creation or transfer of an interest in or lien on real property”).”
— 679.1091(4)(n) — 1 case
Dep't of Transp. v. United Capital Funding Corp., 219 So. 3d 126 (Fla. 2d DCA 2017). “It points to section 679.1091, titled “Scope,” and in particular to subsection (4)(n), which states that *131 “[t]his chapter does not apply to .”
— 679.1091(l)(c) — 1 case
Dep't of Transp. v. United Capital Funding Corp., 219 So. 3d 126 (Fla. 2d DCA 2017). “It points to section 679.1091, titled “Scope,” and in particular to subsection (4)(n), which states that *131 “[t]his chapter does not apply to .”
— 679.1091(l)(d) — 1 case
Dickason v. Marine Nat'l Bank of Naples, N.A., 898 So. 2d 1170 (Fla. 2d DCA 2005). “§ 679.1091(l)(d), Fla. Stat. (2003). “The security interest of a consignor in goods that are the subject of a consignment is a purchase-money security interest in inventory.”
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