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Florida Statute 679.3111 - Full Text and Legal Analysis
Florida Statute 679.3111 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
679.3111 Perfection of security interests in property subject to certain statutes, regulations, and treaties.
(1) Except as otherwise provided in subsection (4), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:
(a) A statute, regulation, or treaty of the United States whose requirements for a security interest’s obtaining priority over the rights of a lien creditor with respect to the property preempt s. 679.3101(1);
(b) A statute covering automobiles, trailers, mobile homes, boats, farm tractors, or the like, which provides for a security interest to be indicated on a certificate of title of such property as a condition or result of perfection, and any non-Uniform Commercial Code central filing statute; or
(c) A statute of another jurisdiction which provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the property.
(2) Compliance with the requirements of a statute, regulation, or treaty described in subsection (1) for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this chapter. Except as otherwise provided in subsection (4) and ss. 679.3131 and 679.3161(4) and (5) for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (1) may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.
(3) Except as otherwise provided in subsection (4) and s. 679.3161(4) and (5), duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (1) are governed by the statute, regulation, or treaty. In other respects, the security interest is subject to this chapter.
(4) During any period in which collateral subject to a statute specified in paragraph (1)(b) is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.
History.s. 3, ch. 2001-198; s. 4, ch. 2012-59.

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Amendments to 679.3111


Annotations, Discussions, Cases:

Cases Citing Statute 679.3111

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Union Planters Bank, NA v. Peninsula Bank, 897 So. 2d 499 (Fla. 3d DCA 2005).

Published | Florida 3rd District Court of Appeal | 2005 WL 419518

...319, Florida Statutes (2002). Union Planters Bank (Union Planters) failed to note its liens on the certificates of title but did file UCC-1's and filed them prior to those filed by Ocean Bank and Peninsula Bank. Union Planters claims that based upon section 679.3111, Florida Statutes (2002), it properly perfected its security interest in InterAmerican's vehicles by filing its UCC-1's and since its UCC-1's were filed prior to those filed by Ocean Bank and Peninsula Bank, Union Planters argues that its interest takes priority. In support of this claim, Union Planters claims that since InterAmerican sold approximately 4,000 vehicles per year, earning 60-70% of its revenue in this manner, that it was "in the business of selling used cars," and thus section 679.3111 provides for an exception to the requirement in section 319.27, Florida Statutes (2002), that liens be noted on the vehicles' certificates of title....
...As stated earlier, InterAmerican is not a licensed dealer. Therefore, the lone exception to the notation requirements provided for in Chapter 319 is inapplicable to the facts herein. Union Planters, however, claims an exemption to the title notation statute in Chapter 319 pursuant to section 679.3111(4), Florida Statutes (2002), which provides that perfection in motor vehicles is obtained by filing a UCC financing statement where the motor vehicles are: "inventory held for sale or lease by a person ... in business of selling goods of that kind...." § 679.3111(4), Fla....

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