Florida Statutes

Fla. Stat. § 679.3081 (2025)

When security interest or agricultural lien is perfected; continuity of perfection.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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679.3081 When security interest or agricultural lien is perfected; continuity of perfection.—

(1) Except as otherwise provided in this section and s. 679.3091, a security interest is perfected if it has attached and all of the applicable requirements for perfection in ss. 679.3101-679.3161 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches.

(2) An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in s. 679.3101 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective.

(3) A security interest or agricultural lien is perfected continuously if it is originally perfected by one method under this chapter and is later perfected by another method under this chapter, without an intermediate period during which it was unperfected.

(4) Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral.

(5) Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right.

(6) Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account.

(7) Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.

History.—s. 3, ch. 2001-198.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2010–2025 · leading case: Carrier Enter., LLC v. City of Dunedin (In re Climate Control Mech. Servs., Inc.), 570 B.R. 673 (Bankr. M.D. Fla. 2017).

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Carrier Enter., LLC v. City of Dunedin (In re Climate Control Mech. Servs., Inc.), 570 B.R. 673 (Bankr. M.D. Fla. 2017). · cites it 2× “” § 679.3081, Fla. Stat. (2013). Perfection of a security interest is, under the present circumstances, accomplished by the filing of a UCC-1 financing statement.”

Farm Credit of Nw. Florida v. Easom Peanut Co., 718 S.E.2d 590 (Ga. Ct. App. 2011). “OCGA §§ 11-9-308 (a); 11-9-310 (a); Fla. Stat. §§ 679.3081 (1); 679.3101 (1).”

In Re Royal West Props., Inc., 441 B.R. 158 (Bankr. S.D. Florida 2010). · cites it 4× “A perfected security interest in the Mortgage Note automatically perfects a security interest in the corresponding Mortgage under Fla. Stat. § 679.3081 (5). The conclusions in the December 28th Order carried the Trustee a good way down the road in determining which Investors…”

Westlake Flooring Co., LLC, D/B/A Westlake Flooring Servs. v. Miami Motorsports, LLC (Fla. 4th DCA 2025). · cites it 4× “§ 679.3081(1), Fla. Stat. (2015). In most cases, a financing statement must be filed to perfect all security interests.”

— 679.3081(1) — 1 case

Westlake Flooring Co., LLC, D/B/A Westlake Flooring Servs. v. Miami Motorsports, LLC (Fla. 4th DCA 2025). “§ 679.3081(1), Fla. Stat. (2015). In most cases, a financing statement must be filed to perfect all security interests.”

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