Florida Statutes

Fla. Stat. § 679.332 (2025)

Transfer of money; transfer of funds from deposit account; transfer of electronic money.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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679.332 Transfer of money; transfer of funds from deposit account; transfer of electronic money.—

(1) A transferee of tangible money takes the money free of a security interest if the transferee receives possession of the money without acting in collusion with the debtor in violating the rights of the secured party.

(2) A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account if the transferee receives the funds without acting in collusion with the debtor in violating the rights of the secured party.

(3) A transferee of electronic money takes the money free of a security interest if the transferee obtains control of the money without acting in collusion with the debtor in violating the rights of the secured party.

History.—s. 3, ch. 2001-198; s. 98, ch. 2025-92.

Notes of Decisions

Cited in 4 cases, 2010–2016 · leading case: Amegy Bank Nat'l Ass'n v. Deutsche Bank Corp., 917 F. Supp. 2d 1228 (M.D. Fla. 2013).

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Amegy Bank Nat'l Ass'n v. Deutsche Bank Corp., 917 F. Supp. 2d 1228 (M.D. Fla. 2013). · cites it 2× “§ 9-332, codified at Fla. Stat. § 679.332 , an innocent *1238 transferee of money or funds from a deposit account takes the money or the funds free of any security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party.”

In re Tuscany Energy, LLC, 561 B.R. 910 (Bankr. S.D. Florida 2016). · cites it 5× “, Florida Statutes § 679.332. Requesting a pre-petition retainer for services to be rendered in a chapter 11 case, alone, surely does not constitute collusion as contemplated in the statute.”

Unknown, 599 F.3d 1255. · cites it 3× “Principally, Marathon argues that the funds did not constitute CapitalSource’s cash collateral under Fla. Stat. § 679.332 (2) (a replica of U.”

Marathon Petroleum Co. v. Aaron R. Cohen (11th Cir. 2010). · cites it 3× “Principally, Marathon argues that the funds did not constitute CapitalSource’s cash collateral under Fla. Stat. § 679.332 (2) (a replica of U.”

— 679.332(2) — 1 case

In re Tuscany Energy, LLC, 561 B.R. 910 (Bankr. S.D. Florida 2016). “, Florida Statutes § 679.332. Requesting a pre-petition retainer for services to be rendered in a chapter 11 case, alone, surely does not constitute collusion as contemplated in the statute.”

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