679.3101
When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
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679.3101 When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.—
(1) Except as otherwise provided in subsection (2) and s. 679.3121(2), a financing statement must be filed to perfect all security interests and agricultural liens.
(2) The filing of a financing statement is not necessary to perfect a security interest:
(a) That is perfected under s. 679.3081(4), (5), (6), or (7);
(b) That is perfected under s. 679.3091 when it attaches;
(c) In property subject to a statute, regulation, or treaty described in s. 679.3111(1);
(d) In goods in possession of a bailee which is perfected under s. 679.3121(4)(a) or (b);
(e) In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under s. 679.3121(5), (6), or (7);
(f) In collateral in the secured party’s possession under s. 679.3131;
(g) In a certificated security which is perfected by delivery of the security certificate to the secured party under s. 679.3131;
(h) In controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights which is perfected by control under s. 679.3141(1);
(i) In proceeds which is perfected under s. 679.3151; or
(j) That is perfected under s. 679.3161.
(3) If a secured party assigns a perfected security interest or agricultural lien, a filing under this chapter is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
History.—s. 3, ch. 2001-198; s. 63, ch. 2010-131; s. 86, ch. 2025-92.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2013–2025 · leading case: Carrier Enterprise, LLC v. City of Dunedin (In re Climate Control Mechanical Services, Inc.)
Carrier Enterprise, LLC v. City of Dunedin (In re Climate Control Mechanical Services, Inc.) (2017)
“§ 679.3101, Fla. Stat. (2013). Here, neither Carrier nor Nelson disputes the existence of a perfected security interest held by Community Bank.”
Westlake Flooring Company, LLC, D/B/A Westlake Flooring Services v. Miami Motorsports, LLC (2025)
“§ 679.3101(1), Fla. Stat. (2015). In contrast to attachment, “‘perfection’ relates to the doing of some additional act, usually the filing of a financing statement, required to make the security interest effective as against third parties; a security interest cannot be perfected…”
LDB Media, LLC v. Gravitas Leasing, LLC (In re LDB Media, LLC) (2013)
“Accordingly, the Court will enter final judgment in favor of the Debtor on Counts I and II of its complaint.”
Baruth v. Stellar Recovery, Inc. (2019)
“Fla. Stat. § 679.3101 (1) (“a financing statement must be filed to perfect all security interests”); see Mirage Resorts, Inc.”
— 679.3101(1) — 1 case
Westlake Flooring Company, LLC, D/B/A Westlake Flooring Services v. Miami Motorsports, LLC (2025)
“§ 679.3101(1), Fla. Stat. (2015). In contrast to attachment, “‘perfection’ relates to the doing of some additional act, usually the filing of a financing statement, required to make the security interest effective as against third parties; a security interest cannot be perfected…”
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