§ 679.2031, Fla. Stat. · Part II. EFFECTIVENESS OF SECURITY AGREEMENT;ATTACHMENT OF SECURITY INTEREST;RIGHTS OF PARTIES TO SECURITY AGREEMENT
Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
Text — 2026 Florida Statutes
(1) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.
(2) Except as otherwise provided in subsections (3)-(10), a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
(a) Value has been given;
(b) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and
(c) One of the following conditions is met:
1. The debtor has signed a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned;
2. The collateral is not a certificated security and is in the possession of the secured party under s. 679.3131 pursuant to the debtor’s security agreement;
3. The collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under s. 678.3011 pursuant to the debtor’s security agreement;
4. The collateral is controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, investment property, or letter-of-credit rights, and the secured party has control under s. 669.105, s. 677.106, s. 679.1041, s. 679.1051, s. 679.1061, or s. 679.1071 pursuant to the debtor’s security agreement; or
5. The collateral is chattel paper and the secured party has possession and control under s. 679.3152 pursuant to the debtor’s security agreement.
(3) Subsection (2) is subject to s. 674.2101 on the security interest of a collecting bank, s. 675.118 on the security interest of a letter-of-credit issuer or nominated person, s. 679.1101 on a security interest arising under chapter 672 or chapter 680, and s. 679.2061 on security interests in investment property.
(4) A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this chapter or by contract:
(a) The security agreement becomes effective to create a security interest in the person’s property; or
(b) The person becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.
(5) If a new debtor becomes bound as debtor by a security agreement entered into by another person:
Notes and commentary — not statutory text
History
s. 2, ch. 2001-198; s. 3, ch. 2002-242; s. 59, ch. 2010-131; s. 75, ch. 2025-92.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0679/0679.html
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 669.105, Fla. Stat.Control of controllable electronic record.Printed as s. 669.105
- Fla. Stat. ch. 672UNIFORM COMMERCIAL CODE: SALESPrinted as chapter 672
- § 674.2101, Fla. Stat.Security interest of collecting bank in items, accompanying documents, and proceeds.Printed as s. 674.2101
- § 675.118, Fla. Stat.Applicability of ch. 99-137.Printed as s. 675.118
Cited by 11 provisions
Provisions in this library whose text cites § 679.2031, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 328.12, Fla. Stat.Perfection of security interest.Printed as s. 679.2031
- § 669.702, Fla. Stat.Security interest perfected before effective date.Printed as s. 679.2031
- § 669.703, Fla. Stat.Security interest unperfected before effective date.Printed as s. 679.2031
- § 674.2101, Fla. Stat.Security interest of collecting bank in items, accompanying documents, and proceeds.Printed as s. 679.2031(2)(c)1.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.