679.3121

Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.

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679.3121 Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.—

(1) A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property, or negotiable documents may be perfected by filing.

(2) Except as otherwise provided in s. 679.3151(3) and (4) for proceeds:

(a) A security interest in a deposit account may be perfected only by control under s. 679.3141.

(b) And except as otherwise provided in s. 679.3081(4), a security interest in a letter-of-credit right may be perfected only by control under s. 679.3141.

(c) A security interest in tangible money may be perfected only by the secured party’s taking possession under s. 679.3131.

(d) A security interest in electronic money may be perfected only by control under s. 679.3141.

(3) While goods are in the possession of a bailee that has issued a negotiable document covering the goods:

(a) A security interest in the goods may be perfected by perfecting a security interest in the document; and

(b) A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time.

(4) While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by:

(a) Issuance of a document in the name of the secured party;

(b) The bailee’s receipt of notification of the secured party’s interest; or

(5) A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession or control for a period of 20 days from the time it attaches to the extent that it arises for new value given under a signed security agreement.

(6) A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of:

(a) Ultimate sale or exchange; or

(b) Loading, unloading, storing, shipping, transshipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange.

(7) A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of:

(a) Ultimate sale or exchange; or

(b) Presentation, collection, enforcement, renewal, or registration of transfer.

(8) After the 20-day period specified in subsection (5), subsection (6), or subsection (7) expires, perfection depends upon compliance with this chapter.

History.—s. 3, ch. 2001-198; s. 64, ch. 2010-131; s. 87, ch. 2025-92.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2007–2022 · leading case: In Re Delco Oil, Inc.

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In Re Delco Oil, Inc. (2007) flmb “Florida Statute § 679.3121(2)(a), provides, in pertinent part: Except as otherwise provided in § 679.”

Charlotte Development Partners, LLC v. Tricom Pictures & Productions, Inc. (2009) fladistctapp · cites it 2× “” § 679.3121(2)(c), Fla. Stat. (2008). 4 While the money was in the possession of the clerk it was not in the possession of Charlotte Development.”

In Re Royal West Properties, Inc. (2010) flsb · cites it 2× “To perfect under the UCC, an Investor had to either file a UCC-1 financing statement under Fla. Stat. § 679.3121 (1), or have possession of the original Mortgage Note which perfects the security interest under Fla.”

AGV Partners, Inc. (2022) flmb · cites it 2× “138, ¶ 20; § 679.3121(2)(a), Fla. Stat. (“A security interest in a deposit account may be perfected only by control under § 679.”

In Re Maison Grande Condominium Ass'n, Inc. (2010) flsb · cites it 2× “See Fla. Stat. § 679.3121 (2). There is no evidence that, assuming a security interest was created, that it was ever perfected.”

In re Tuscany Energy, LLC (2016) flsb “See Florida Statutes §§ 679.3121(2)(a) and 679.3141. In order to obtain control over a deposit account for purposes of perfection, (a) the secured creditor must be the bank at which the account is maintained, (b) there must be a control agreement among the secured creditor, the…”

— 679.3121(2)(a) — 3 cases

In Re Delco Oil, Inc. (2007) flmb “Florida Statute § 679.3121(2)(a), provides, in pertinent part: Except as otherwise provided in § 679.”

AGV Partners, Inc. (2022) flmb “138, ¶ 20; § 679.3121(2)(a), Fla. Stat. (“A security interest in a deposit account may be perfected only by control under § 679.”

— 679.3121(2)(c) — 1 case

Charlotte Development Partners, LLC v. Tricom Pictures & Productions, Inc. (2009) fladistctapp “” § 679.3121(2)(c), Fla. Stat. (2008). 4 While the money was in the possession of the clerk it was not in the possession of Charlotte Development.”

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