Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 679.604 - Full Text and Legal Analysis
Florida Statute 679.604 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 679.604 Case Law from Google Scholar Google Search for Amendments to 679.604

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
679.604 Procedure if security agreement covers real property or fixtures.
(1) If a security agreement covers both personal and real property, a secured party may proceed:
(a) Under this part as to the personal property without prejudicing any rights with respect to the real property; or
(b) As to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.
(2) Subject to subsection (3), if a security agreement covers goods that are or become fixtures, a secured party may proceed:
(a) Under this part; or
(b) In accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.
(3) Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property. The secured party shall give reasonable notification of its intent to remove the collateral to all persons entitled to reimbursement under subsection (4).
(4) A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse. This subsection does not prohibit a secured party and the person entitled to reimbursement from entering into a signed record providing for the removal of fixtures and reimbursement for any damage caused thereby.
History.s. 7, ch. 2001-198; s. 106, ch. 2025-92.

F.S. 679.604 on Google Scholar

F.S. 679.604 on CourtListener

Amendments to 679.604


Annotations, Discussions, Cases:

Cases Citing Statute 679.604

Total Results: 2  |  Sort by: Relevance  |  Newest First

Copy

Jason Lankhorst v. Indep. Sav. Plan Co., 787 F.3d 1100 (11th Cir. 2015).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 86 U.C.C. Rep. Serv. 2d (West) 752, 2015 U.S. App. LEXIS 8955, 2015 WL 3440288

...authority to support the assertion that a security interest in a fixture constitutes a security interest in the real property on which the fixture is installed. Nor has our research uncovered any such case. Florida law is to the contrary. Fla. Stat. §679.604(3) provides that a party holding a security interest in a fixture may, after default, “remove the collateral from the real property.” The security interest in a fixture does not give the party a security interest in the realty on which it is installed....
Copy

Indian River Auto Parts, LLC v. Branch Banking & Trust Co., 121 So. 3d 663 (Fla. 4th DCA 2013).

Published | Florida 4th District Court of Appeal | 2013 WL 5334187, 2013 Fla. App. LEXIS 15120

PER CURIAM. Affirmed. See § 679.604(1)(b), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.