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Florida Statute 679.2031 - Full Text and Legal Analysis
Florida Statute 679.2031 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 679.2031 Case Law from Google Scholar Google Search for Amendments to 679.2031

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
679.2031 Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
(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:
(a) The agreement satisfies paragraph (2)(c) with respect to existing or after-acquired property of the new debtor to the extent the property is described in the agreement; and
(b) Another agreement is not necessary to make a security interest in the property enforceable.
(6) The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by s. 679.3151 and is also attachment of a security interest in a supporting obligation for the collateral.
(7) The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien.
(8) The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account.
(9) The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contracts carried in the commodity account.
(10) A security interest in an account consisting of a right to payment of a monetary obligation for the sale of real property that is the debtor’s homestead under the laws of this state is not enforceable unless:
(a) The description of the account in the security agreement conspicuously states that the collateral includes the debtor’s right to payment of a monetary obligation for the sale of real property;
(b) The description of the account in the security agreement includes a legal description of the real property;
(c) The description of the account in the security agreement conspicuously states that the real property is the debtor’s homestead; and
(d) The security agreement is also signed by the debtor’s spouse, if the debtor is married; if the debtor’s spouse is incompetent, then the method of signature by the debtor’s spouse is the same as provided by the laws of this state, other than this chapter, which apply to the alienation or encumbrance of homestead property by an incompetent person.
History.s. 2, ch. 2001-198; s. 3, ch. 2002-242; s. 59, ch. 2010-131; s. 75, ch. 2025-92.

F.S. 679.2031 on Google Scholar

F.S. 679.2031 on CourtListener

Amendments to 679.2031


Annotations, Discussions, Cases:

Cases Citing Statute 679.2031

Total Results: 10  |  Sort by: Relevance  |  Newest First

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In Re John's Bean Farm of Homestead, Inc., 378 B.R. 385 (Bankr. S.D. Fla. 2007).

Cited 9 times | Published | United States Bankruptcy Court, S.D. Florida. | 64 U.C.C. Rep. Serv. 2d (West) 454, 21 Fla. L. Weekly Fed. B 117, 2007 Bankr. LEXIS 3817, 49 Bankr. Ct. Dec. (CRR) 44

...sue is resolved in the Trustee's favor. (Klein Resp. n. 2). [5] This assumes the loan was funded since a creditor can only perfect a lien when the security interest attaches, and a security interest cannot attach until the loan is funded. Fla. Stat. § 679.2031(2)(a)....
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In Re Summit Staffing Polk Cnty., Inc., 305 B.R. 347 (Bankr. M.D. Fla. 2003).

Cited 6 times | Published | United States Bankruptcy Court, M.D. Florida | 17 Fla. L. Weekly Fed. B 74, 2003 Bankr. LEXIS 1911, 2003 WL 23273254

...The new corporation became generally obligated for the obligations of the sole proprietorship, including the obligation secured under the security agreement, and acquired or succeeded to all or substantially all of the assets of the sole proprietorship. Florida Statutes § 679.2031(4)(b) provides that, in certain circumstances, a new debtor may become bound by a security agreement entered into by another person. 679.2031 Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites....
...seriously misleading under the standard set forth in s. 679.5061: (a) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within 4 months after, the new debtor becomes bound under s. 679.2031(4); and (b) The financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than 4 months after the new debtor becomes bound under s. 679.2031(4) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time....
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Brown v. Master Fin., Inc. (In Re Brown), 311 B.R. 282 (Bankr. M.D. Fla. 2004).

Cited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 17 Fla. L. Weekly Fed. B 215, 2004 Bankr. LEXIS 904, 2004 WL 1490312

...cludes that a mortgagee who has a security interest in an escrow account for taxes and insurance forfeits the protection from modification in § 1322(b)(2). The Court turns to the issue of whether Master has a security interest in an escrow account. Section 679.2031 of the Florida Statutes sets forth the process by which a security interest in personal property is created and provides as follows: 679.2031....
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Charlotte Dev. Partners, LLC v. Tricom Pictures & Prods., Inc., 33 So. 3d 690 (Fla. 4th DCA 2009).

Cited 1 times | Published | Florida 4th District Court of Appeal | 71 U.C.C. Rep. Serv. 2d (West) 182, 2009 Fla. App. LEXIS 18426, 2009 WL 4282939

...(2008). One of the requirements of creating a security interest enforceable against a debtor and third parties with respect to given collateral is that "[t]he debtor has authenticated a security agreement that provides a description of the collateral." § 679.2031(2)(c)1., Fla....
...NOTES [1] As did the parties in the circuit court, we assume that the description of the collateral in the financing statement was the same as the description in the security agreement. No security agreement was produced or authenticated, and appellee, General Electric Capital, did not object. See § 679.2031(2)(c), Fla....
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Echo River Sanctuary, LLC f/k/a TSE Plantation, LLC v. 21st Mortg. Corp., Meri L. Harrell Curtis R. Harrell (Fla. 1st DCA 2022).

Published | Florida 1st District Court of Appeal

...ruptcy Stay The parties agree that the Harrells granted 21st Mortgage a security interest in the mobile home in November 2011 when the Harrells signed their security agreement and 21st Mortgage loaned them the money to buy the mobile home. See § 679.2031(1), Fla....
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HSBC Bank USA, N.A. v. Rolando Perez, Juan G. Guerra, Esperanza Medina, LaSalle, Bank, N.A., & U.S. Bank, N.A., 165 So. 3d 696 (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal | 86 U.C.C. Rep. Serv. 2d (West) 565, 2015 Fla. App. LEXIS 6716, 2015 WL 2078683

...Gillian, 184 So. 140, 143 (Fla. 1938)). “If the note or other debt secured by a mortgage be transferred without any formal assignment of the mortgage, or even a delivery of it, the mortgage in equity passes as an incident to the debt . . . . ” Id. Under section 679.2031(1), Florida Statutes (2008), a security interest attaches to collateral “when it becomes enforceable against the debtor with respect to the collateral.” An assignment of a promissory note “attaches”— in other words, becomes...
...lateral to a secured party, and (c) the assignor has either “authenticated a security agreement that provides a description of the collateral” or the assignee has taken possession of the note under section 679.3131, Florida Statutes, (2008). See § 679.2031(1), (2), Fla....
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Sunz Ins. Co. v. U.S. Treasury Dep't, Internal Revenue Serv. (11th Cir. 2025).

Published | Court of Appeals for the Eleventh Circuit

Argued: Aug 18, 2023

...Under Florida’s Uniform Commercial Code, a creditor’s se- curity interest attaches to the debtor’s collateral when the debtor signs “a security agreement that provides a description of the col- lateral.” Fla. Stat. § 679.2031(2)(c)....
...13 perfected when Sunz filed a financing statement in November 2015—well before the Service’s tax lien perfected—as Sunz had a security interest in Payroll’s contracts and their proceeds. See Fla. Stat. §§ 679.2031(2)(c), 679.5011. Payroll’s BP Claim Was a Commercial Tort Claim in March 2017 Sunz argues that Payroll’s BP claim was not a commercial tort claim in March 2017....
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Bender v. James (In re Hintze), 525 B.R. 780 (Bankr. N.D. Fla. 2015).

Published | United States Bankruptcy Court, N.D. Florida

...in the Debtors’ assets. The Defendant has not proven that his affirmative defenses apply to bar summary judgment for the Plaintiff. No material issues of fact remain that might affect this outcome under the governing law. Statutory Analysis Under Section 679.2031 of Florida’s Uniform Commercial Code (“UCC”), a security interest attaches and is enforce *785 able against the debtor and third parties if 1) the secured party has given value; 2) the debtor has rights in the collateral; and '3) there is an authenticated security agreement that describes the collateral....
...contains the UCC’s defined categories, quantity, computational or alloca-tional formulas or procedures, or any other method “if the identity of the collateral is objectively determinable.” 26 The combination of Fla. Stat. §§ 679.1081 (3) and 679.2031 makes it clear that because the Defendant and Debtors described the collateral as “all of Maker’s assets,” the promissory note was insufficient to create a security interest in favor of the Defendant that attached and is enforceable against the Debtor or the Plaintiff....
...The fallacy of this argument is apparent upon a reading of all of Comment 2, rather than the single sentence selected by the Defendant. Comment 2 to § 679.1081, in its entirety, states: The purpose of requiring’ a description of collateral in a security agreement under Section [679.2031] is evidentiary....
...29 Official Comment 2 serves its purpose, which is to clarify. It does not even imply that a description such as “all of Maker’s assets”, is sufficient under the UCC, or that such a description makes identification of the collateral possible. Under § 679.2031, an enforceable security interest is created only if all elements are present, including an authenticated security agreement with a description of the collateral. 30 If the description is explicitly insufficient under § 679.1081, it is axiomat *786 ic that the description cannot meet the requirements of § 679.2031....
...that renders his security interest unenforceable — because Fla. Stat. § 679.1081 does not contain a consequence for non-compliance. This assertion is partially correct: the consequence is not built into Fla. Stat. § 679.1081 , it is contained in § 679.2031....
...Harris, 550 U.S. 372, 380 , 127 S.Ct. 1769 , 167 L.Ed.2d 686 (2007) (quoting Fed. R. Civ. P. 56(c)); see also In re Pearlman, 515 B.R. at 893 . . See Blue Cross & Blue Shield of Ala. v. Weitz, 913 F.2d 1544 , 1552 (11th Cir.1990). . Fla. Stat. § 679.2031 (2014); see also James J....
...The Plaintiff has not contested the Defendant's testimony on this point. . Id. § 679.1081(1) (emphasis added). . Id. § 679.1081(2) (emphasis added). Section 679.1081 sets forth exceptions to this general rule not applicable here. . Id. § 679.1081(3). . Id. § 679.1081 cmt. 2. . Id. (emphasis added). . Id. § 679.2031....
...Because creation of a security interest requires an adequate description of collateral, the best interpretation of the quoted language from Crews and Ford v. Feldman, then, would require a statutorily-approved description before a third party could not challenge the specificity of that description. Fla. Stat. §§ 679.1081 , 679.2031 (2014)....
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In re Tuscany Energy, LLC, 561 B.R. 910 (Bankr. S.D. Fla. 2016).

Published | United States Bankruptcy Court, S.D. Florida. | 2016 Bankr. LEXIS 4546, 63 Bankr. Ct. Dec. (CRR) 155

...In re Outdoor RV & Marine, LLC, 2011 Bankr. LEXIS 1698 at **20-25 (Bankr. S.C. 2011); In re Advanced Imaging Techs., Inc., 306 B.R. 677, 680-81 (Bankr. W.D. Wash. 2003); In re Burnside Steel Foundry Co., 90 B.R. 942, 944 (Bankr. N.D. Ill. 1988). Florida Statutes § 679.2031 provides, in relevant part, as follows: (1) A security interest attaches to collateral ■ when it becomes enforceable against the debtor with respect to the collateral .......
...Also, the Firm is, and has been since November 16, 2015, in possession of the Pre-Petition Retainer by virtue of holding the Pre-Petition Retainer in the Firm’s trust account. All of the requirements for attachment of a security interest under Florida Statutes § 679.2031 are met....
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In Re Royal West Props., Inc., 441 B.R. 158 (Bankr. S.D. Fla. 2010).

Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 637, 2010 Bankr. LEXIS 4902, 54 Bankr. Ct. Dec. (CRR) 44

...The filing of the UCC-1 may perfect an interest in a mortgage encumbering real property, but not an interest in the underlying realty. See Fla. Stat. Ann. § 679.1091(4)(k) (West 2010) (attachment of a security interest in a mortgage on real property under Fla. Stat. § 679.2031 and perfection of that interest under 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.