Florida Statutes

Fla. Stat. § 679.2011 (2025)

General effectiveness of security agreement.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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679.2011 General effectiveness of security agreement.—

(1) Except as otherwise provided in the Uniform Commercial Code, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.

(2) Nothing in this chapter validates any charge or practice illegal under any statute or regulation thereunder governing usury, small loans, retail installment sales, or the like, or extends the application of any such statute or regulation to any transaction not otherwise subject thereto. A transaction, although subject to this chapter, is also subject to chapters 516 and 520, and in the case of conflict between the provisions of this chapter and any such statute, the provisions of such statute shall control. Failure to comply with any applicable statute has only the effect which is specified therein.

History.—s. 2, ch. 2001-198.

Notes of Decisions

Cited in 2 cases, 2009–2009 · leading case: In Re Momentum Hosp. III, LLC, 418 B.R. 442 (Bankr. M.D. Fla. 2009).

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In Re Momentum Hosp. III, LLC, 418 B.R. 442 (Bankr. M.D. Fla. 2009). · cites it 2× “Although the Debtors did not file a responsive pleading to both Motions to Dismiss asserted by the Grothers, the Debtors through their council at the hearing on both Motions to Dismiss that the Grothers are merely secured creditors whose rights *445 are governed by Article 9 of…”

In re Momentum Hosp. II, LLC, 418 B.R. 439 (Bankr. M.D. Fla. 2009). · cites it 2× “Although the Debtors did not file a responsive pleading to both Motions to Dismiss asserted by the Grothers, the Debtors through their council at the hearing on both Motions to Dismiss that the Grothers are merely secured creditors whose rights are governed by Article 9 of the…”

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