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Florida Statute 679.322 | Lawyer Caselaw & Research
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F.S. 679.322 Case Law from Google Scholar Google Search for Amendments to 679.322

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
F.S. 679.322
679.322 Priorities among conflicting security interests in and agricultural liens on same collateral.
(1) Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:
(a) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter during which is neither filing nor perfection.
(b) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien.
(c) The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.
(2) For the purposes of paragraph (1)(a):
(a) The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and
(b) The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.
(3) Except as otherwise provided in subsection (6), a security interest in collateral which qualifies for priority over a conflicting security interest under s. 679.327, s. 679.328, s. 679.329, s. 679.330, or s. 679.331 also has priority over a conflicting security interest in:
(a) Any supporting obligation for the collateral; and
(b) Proceeds of the collateral if:
1. The security interest in proceeds is perfected;
2. The proceeds are cash proceeds or of the same type as the collateral; and
3. In the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.
(4) Subject to subsection (5) and except as otherwise provided in subsection (6), if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter-of-credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing.
(5) Subsection (4) applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter-of-credit rights.
(6) Subsections (1) through (5) are subject to:
(a) Subsection (7) and the other provisions of this part;
(b) Section 674.2101 with respect to a security interest of a collecting bank;
(c) Section 675.118 with respect to a security interest of an issuer or nominated person; and
(d) Section 679.1101 with respect to a security interest arising under chapter 672 or chapter 680.
(7) A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.
History.s. 3, ch. 2001-198.

F.S. 679.322 on Google Scholar

F.S. 679.322 on Casetext

Amendments to 679.322


Arrestable Offenses / Crimes under Fla. Stat. 679.322
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.322.



Annotations, Discussions, Cases:

Cases Citing Statute 679.322

Total Results: 3

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-06T00:00:00-07:00

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

Snippet: to establishing priority. Pursuant to section 679.322(l)(a), Florida Statutes (2008), “[cjonflicting …perfection.” The “guiding principle” of section 679.322 “is that the secured party who ... perfects before

Rayfield Investment Co. v. Kreps

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-05T00:00:00-07:00

Citation: 35 So. 3d 63, 72 U.C.C. Rep. Serv. 2d (West) 110, 2010 Fla. App. LEXIS 6149, 2010 WL 1779891

Snippet: unperfected security interests in the same goods. § 679.322(1), Fla. Stat. (2009). Florida law also explicitly…perfected security interests. See §§ 679.319 and 679.322(1)(b), Fla. Stat. *66 (2009); see also In re Corvette

Dickason v. Marine National Bank of Naples, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-04-06T00:00:00-07:00

Citation: 898 So. 2d 1170, 57 U.C.C. Rep. Serv. 2d (West) 127, 2005 Fla. App. LEXIS 4623, 2005 WL 762905

Snippet: unperfected security interest pursuant to section 679.322(l)(b).2 The Consignor concedes that the security