§ 679.320, Fla. Stat. · Part III. PERFECTION AND PRIORITY
Buyer of goods.
Text — 2026 Florida Statutes
(1) Except as otherwise provided in subsection (5), a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer’s seller, even if the security interest is perfected and the buyer knows of its existence.
(2) Except as otherwise provided in subsection (5), a buyer of goods from a person who used or bought the goods for use primarily for personal, family, or household purposes takes free of a security interest, even if perfected, if the buyer buys:
(a) Without knowledge of the security interest;
(b) For value;
(c) Primarily for the buyer’s personal, family, or household purposes; and
(d) Before the filing of a financing statement covering the goods.
(3) To the extent that it affects the priority of a security interest over a buyer of goods under subsection (2), the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by s. 679.3161(1) and (2).
(4) A buyer in ordinary course of business buying oil, gas, or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.
(5) Subsections (1) and (2) do not affect a security interest in goods in the possession of the secured party under s. 679.3131.
Notes and commentary — not statutory text
History
s. 3, ch. 2001-198; s. 162, 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
- Text hash
- sha256 cb018593f8f0e62f7c986d548bea94f322fc489ae4f9e30caeb5971784433354
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
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.
Cited by 4 provisions
Provisions in this library whose text cites § 679.320, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 328.14, Fla. Stat.Rights of purchaser other than secured party.Printed as ss. 672.403(2) and 679.320(1)
- § 677.209, Fla. Stat.Lien of warehouse.Printed as s. 679.320
- § 677.503, Fla. Stat.Document of title to goods defeated in certain cases.Printed as s. 679.320
- § 679.3171, Fla. Stat.Interests that take priority over or take free of security interest or agricultural lien.Printed as ss. 679.320 and 679.321
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.