679.3141

Perfection by control.

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679.3141 Perfection by control.—

(1) A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, investment property, or letter-of-credit rights may be perfected by control of the collateral under s. 677.106, s. 679.1041, s. 679.1052, s. 679.1053, s. 679.1061, or s. 679.1071.

(2) A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, or letter-of-credit rights is perfected by control under s. 677.106, s. 679.1041, s. 679.1052, s. 679.1053, or s. 679.1071 not earlier than the time the secured party obtains control and remains perfected by control only while the secured party retains control.

(3) A security interest in investment property is perfected by control under s. 679.1061 not earlier than the time the secured party obtains control and remains perfected by control until:

(a) The secured party does not have control; and

(b) One of the following occurs:

1. If the collateral is a certificated security, the debtor has or acquires possession of the security certificate;

2. If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or

3. If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.

History.—s. 3, ch. 2001-198; s. 66, ch. 2010-131; s. 89, ch. 2025-92.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2020–2022 · leading case: AGV Partners, Inc.

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AGV Partners, Inc. (2022) flmb “(“A security interest in a deposit account may be perfected only by control under § 679.3141.”). Lynmar’s first argument (i.”

Barbee, as Liquidating Trustee v. Amerant Bank, National Association (2020) flsb “Accordingly, because the million in sale proceeds that was deposited into the Pledged Account was already encumbered by a valid lien, under Florida Statute § 726.”

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