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Florida Statute 679.3131 - Full Text and Legal Analysis
Florida Statute 679.3131 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 679.3131 Case Law from Google Scholar Google Search for Amendments to 679.3131

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
F.S. 679.3131
679.3131 When possession by or delivery to secured party perfects security interest without filing.
(1) Except as otherwise provided in subsection (2), a secured party may perfect a security interest in goods, instruments, negotiable tangible documents, or tangible money by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under s. 678.3011.
(2) With respect to goods covered by a certificate of title issued by this state, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in s. 679.3161(4).
(3) With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtor’s business, when:
(a) The person in possession signs a record acknowledging that it holds possession of the collateral for the secured party’s benefit; or
(b) The person takes possession of the collateral after having signed a record acknowledging that the person will hold possession of the collateral for the secured party’s benefit.
(4) If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs not earlier than the time the secured party takes possession and continues only while the secured party retains possession.
(5) A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under s. 678.3011 and remains perfected by delivery until the debtor obtains possession of the security certificate.
(6) A person in possession of collateral is not required to acknowledge that the person holds possession for a secured party’s benefit.
(7) If a person acknowledges that the person holds possession for the secured party’s benefit:
(a) The acknowledgment is effective under subsection (3) or s. 678.3011(1), even if the acknowledgment violates the rights of a debtor; and
(b) Unless the person otherwise agrees or law other than this chapter otherwise provides, the person does not owe any duty to the secured party and is not required to confirm the acknowledgment to another person.
(8) A secured party having possession of collateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor’s business if the person was instructed before the delivery or is instructed contemporaneously with the delivery:
(a) To hold possession of the collateral for the secured party’s benefit; or
(b) To redeliver the collateral to the secured party.
(9) A secured party does not relinquish possession, even if a delivery under subsection (8) violates the rights of a debtor. A person to whom collateral is delivered under subsection (8) does not owe any duty to the secured party and is not required to confirm the delivery to another person unless the person otherwise agrees or law other than this chapter otherwise provides.
History.s. 3, ch. 2001-198; s. 65, ch. 2010-131; s. 88, ch. 2025-92.

F.S. 679.3131 on Google Scholar

F.S. 679.3131 on CourtListener

Amendments to 679.3131


Annotations, Discussions, Cases:

Cases Citing Statute 679.3131

Total Results: 5

Charlotte Development Partners, LLC v. Tricom Pictures & Productions, Inc.

33 So. 3d 690, 71 U.C.C. Rep. Serv. 2d (West) 182, 2009 Fla. App. LEXIS 18426, 2009 WL 4282939

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1648901

Cited 1 times | Published

taking possession of the collateral under section 679.3131(3), Florida Statutes (2008). Attorney Klein

In re Tuscany Energy, LLC

561 B.R. 910, 2016 Bankr. LEXIS 4546, 63 Bankr. Ct. Dec. (CRR) 155

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 30, 2016 | Docket: 65789372

Published

security agreement!.] Under Florida Statutes § 679.3131(1), a secured party may perfect its security

HSBC Bank USA, N.A. v. Rolando Perez, Juan G. Guerra, Esperanza Medina, LaSalle, Bank, N.A., and U.S. Bank, N.A.

165 So. 3d 696, 86 U.C.C. Rep. Serv. 2d (West) 565, 2015 Fla. App. LEXIS 6716, 2015 WL 2078683

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2679361

Published

assignee has taken possession of the note under section 679.3131, Florida Statutes, (2008). See

In Re Royal West Properties, Inc.

441 B.R. 158, 22 Fla. L. Weekly Fed. B 637, 2010 Bankr. LEXIS 4902, 54 Bankr. Ct. Dec. (CRR) 44

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 29, 2010 | Docket: 2056855

Published

perfects the security interest under Fla. Stat. § 679.3131(1). A perfected security interest in the Mortgage

Hennessey Capital SE, LLC v. David (In Re Miller Engineering, Inc.)

398 B.R. 473, 21 Fla. L. Weekly Fed. B 551, 2008 Bankr. LEXIS 3135

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 24, 2008 | Docket: 1444308

Published

2d 1206 (11th Cir.1981). [4] See Fla. Stat. § 679.3131 [5] Historically, a landlord's lien, "did not