Florida Statute 679.3151 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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F.S. 679.3151

679.3151 Secured party’s rights on disposition of collateral and in proceeds.—

(1) Except as otherwise provided in this chapter and in s. 672.403(2):

(a) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and

(b) A security interest attaches to any identifiable proceeds of collateral.

(2) Proceeds that are commingled with other property are identifiable proceeds:

(a) If the proceeds are goods, to the extent provided by s. 679.336; and

(b) If the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this chapter with respect to commingled property of the type involved.

(3) A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected.

(4) A perfected security interest in proceeds becomes unperfected on the 21st day after the security interest attaches to the proceeds unless:

(a) The following conditions are satisfied:

1. A filed financing statement covers the original collateral;

2. The proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and

3. The proceeds are not acquired with cash proceeds;

(b) The proceeds are identifiable cash proceeds; or

(c) The security interest in the proceeds is perfected other than under subsection (3) when the security interest attaches to the proceeds or within 20 days thereafter.

(5) If a filed financing statement covers the original collateral, a security interest in proceeds which remains perfected under paragraph (4)(a) becomes unperfected at the later of:

(a) When the effectiveness of the filed financing statement lapses under s. 679.515 or is terminated under s. 679.513; or

(b) The 21st day after the security interest attaches to the proceeds.

History.—s. 3, ch. 2001-198.

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Amendments to 679.3151

Annotations, Discussions, Cases:

Cases Citing Statute 679.3151

Total Results: 9

Marathon Petroleum Co. v. Aaron R. Cohe

599 F.3d 1255, 71 U.C.C. Rep. Serv. 2d (West) 302, 2010 U.S. App. LEXIS 5452, 52 Bankr. Ct. Dec. (CRR) 258, 2010 WL 918058

Court of Appeals for the Eleventh Circuit | Filed: Mar 16, 2010 | Docket: 71688

Cited 7 times | Published

in Debtor’s hands. See Fla. Stat. § 679.3151(l)(b) and (3) (“A security interest attaches

In Re Delco Oil, Inc.

365 B.R. 246, 57 Collier Bankr. Cas. 2d 1373, 62 U.C.C. Rep. Serv. 2d (West) 257, 2007 Bankr. LEXIS 998, 2007 WL 879987

United States Bankruptcy Court, M.D. Florida | Filed: Mar 21, 2007 | Docket: 2504401

Cited 5 times | Published

pertinent part: Except as otherwise provided in § 679.3151(3) and (4) for proceeds: (a) a security interest

Beach Community Bank v. Disposal Services, LLC

199 So. 3d 1132, 2016 Fla. App. LEXIS 14159, 2016 WL 5118372

District Court of Appeal of Florida | Filed: Sep 21, 2016 | Docket: 4425534

Cited 2 times | Published

that the trial court erred in interpreting section 679.3151, Florida Statutes, to, preclude a claim for

Amegy Bank National Ass'n v. Deutsche Bank Corp.

917 F. Supp. 2d 1228, 2013 WL 132581, 2013 U.S. Dist. LEXIS 3996

District Court, M.D. Florida | Filed: Jan 10, 2013 | Docket: 65987917

Cited 2 times | Published

distribution. See U.C.C. § 9-315(a)(2); Fla. Stat. § 679.3151(1).5 Relying on this provision, Amegy argues

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

the Pre-Petition Retainer. See Florida Statutes § 679.3151(3). As of the Petition Date, the Firm had a perfected

Crews v. TD Bank, N.A. (In re Crews)

477 B.R. 835

United States Bankruptcy Court, M.D. Florida | Filed: Jan 12, 2012 | Docket: 65784249

Published

lapsed after 21 days in accordance with Fla. Stat. § 679.3151(4) since Defendant did not file a UCC-1 financing

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

interests in the Mortgage Receivables. Pursuant to section 679.3151 of the Florida Statutes, "[a] security interest

Marathon Petroleum Co. v. Aaron R. Cohen

Court of Appeals for the Eleventh Circuit | Filed: Mar 16, 2010 | Docket: 399545

Published

they were in Debtor’s hands. See Fla. Stat. § 679.3151(1)(b) and (3) (“A security interest attaches

In re Cypress Foods, Inc.

278 B.R. 622, 15 Fla. L. Weekly Fed. B 191, 2002 Bankr. LEXIS 565, 39 Bankr. Ct. Dec. (CRR) 170, 2002 WL 1160717

United States Bankruptcy Court, M.D. Florida | Filed: May 23, 2002 | Docket: 65782394

Published

assignment of the right to payment, but Fla. Stat. 679.3151 and 679.322 apply with respect to proceeds