Florida Statutes
Fla. Stat. § 679.3091 (2025)
Security interest perfected upon attachment.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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679.3091 Security interest perfected upon attachment.—The following security interests are perfected when they attach:
(1) A purchase-money security interest in consumer goods, except as otherwise provided in s. 679.3111(2) with respect to consumer goods that are subject to a statute or treaty described in s. 679.3111(1);
(2) An assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor’s outstanding accounts or payment intangibles;
(3) A sale of a payment intangible;
(4) A sale of a promissory note;
(5) A security interest created by the assignment of a health-care-insurance receivable to the provider of the health-care goods or services;
(6) A security interest arising under s. 672.401, s. 672.505, s. 672.711(3), or s. 680.508(5), until the debtor obtains possession of the collateral;
(7) A security interest of a collecting bank arising under s. 674.2101;
(8) A security interest of an issuer or nominated person arising under s. 675.118;
(9) A security interest arising in the delivery of a financial asset under s. 679.2061(3);
(10) A security interest in investment property created by a broker or securities intermediary;
(11) A security interest in a commodity contract or a commodity account created by a commodity intermediary;
(12) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and
(13) A security interest created by an assignment of a beneficial interest in a decedent’s estate.
Notes of Decisions
Cited in 2
cases, 2008–2019 · leading case: SS Funding LLC v. Phelan, 981 So. 2d 1282 (Fla. 3d DCA 2008).
SS Funding LLC v. Phelan, 981 So. 2d 1282 (Fla. 3d DCA 2008). “Pursuant to section 679.3091(12), Florida Statutes (2006), the Assignee became a perfected secured creditor.”
Off. Comm. of Unsecured Creditors v. EBF Partners, LLC (Bankr. D. Neb. 2019). “1 Fla. Stat. Ann. § 679.3091 (3) (West). The definition section of Revised Article 9 does little to help determine whether the assets at issue are accounts or intangibles.”
— 679.3091(12) — 1 case
SS Funding LLC v. Phelan, 981 So. 2d 1282 (Fla. 3d DCA 2008). “Pursuant to section 679.3091(12), Florida Statutes (2006), the Assignee became a perfected secured creditor.”
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