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Florida Statute 679.3121 - Full Text and Legal Analysis
Florida Statute 679.3121 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 679.3121 Case Law from Google Scholar Google Search for Amendments to 679.3121

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
679.3121 Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.
(1) A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property, or negotiable documents may be perfected by filing.
(2) Except as otherwise provided in s. 679.3151(3) and (4) for proceeds:
(a) A security interest in a deposit account may be perfected only by control under s. 679.3141.
(b) And except as otherwise provided in s. 679.3081(4), a security interest in a letter-of-credit right may be perfected only by control under s. 679.3141.
(c) A security interest in tangible money may be perfected only by the secured party’s taking possession under s. 679.3131.
(d) A security interest in electronic money may be perfected only by control under s. 679.3141.
(3) While goods are in the possession of a bailee that has issued a negotiable document covering the goods:
(a) A security interest in the goods may be perfected by perfecting a security interest in the document; and
(b) A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time.
(4) While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by:
(a) Issuance of a document in the name of the secured party;
(b) The bailee’s receipt of notification of the secured party’s interest; or
(c) Filing as to the goods.
(5) A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession or control for a period of 20 days from the time it attaches to the extent that it arises for new value given under a signed security agreement.
(6) A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of:
(a) Ultimate sale or exchange; or
(b) Loading, unloading, storing, shipping, transshipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange.
(7) A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of:
(a) Ultimate sale or exchange; or
(b) Presentation, collection, enforcement, renewal, or registration of transfer.
(8) After the 20-day period specified in subsection (5), subsection (6), or subsection (7) expires, perfection depends upon compliance with this chapter.
History.s. 3, ch. 2001-198; s. 64, ch. 2010-131; s. 87, ch. 2025-92.

F.S. 679.3121 on Google Scholar

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Amendments to 679.3121


Annotations, Discussions, Cases:

Cases Citing Statute 679.3121

Total Results: 4  |  Sort by: Relevance  |  Newest First

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In Re Delco Oil, Inc., 365 B.R. 246 (Bankr. M.D. Fla. 2007).

Cited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 57 Collier Bankr. Cas. 2d 1373, 62 U.C.C. Rep. Serv. 2d (West) 257, 2007 Bankr. LEXIS 998, 2007 WL 879987

...den of establishing which pre-petition deposits constitute identifiable cash proceeds. CapitalSource maintains that the funds in the Mainstreet Bank accounts constitute cash collateral or identifiable proceeds therefrom. Pursuant to Florida Statutes § 679.3121(2)(a), a signed Bank Account Control Agreement is necessary in order to create a perfected interest in a bank *249 account. Florida Statute § 679.3121(2)(a), provides, in pertinent part: Except as otherwise provided in § 679.3151(3) and (4) for proceeds: (a) a security interest in a deposit account may be perfected only by control under s....
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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

...In the circuit court, the parties argued that the cash bond could be categorized as "money." Assuming that such a classification is correct, "[a] security interest in money may be perfected only by the secured party's taking possession under s. 679.3131." § 679.3121(2)(c), Fla....
...This fact was the subject of some dispute below, but we do not find it to be legally significant. [3] Section 679.1021(2), Florida Statutes (2008), makes this definition applicable to UCC Article 9. [4] At the hearing below, the parties discussed the applicability of section 679.3121(2)(c) to this case.
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In Re Maison Grande Condo. Ass'n, Inc., 425 B.R. 684 (Bankr. S.D. Fla. 2010).

Published | United States Bankruptcy Court, S.D. Florida. | 72 U.C.C. Rep. Serv. 2d (West) 575, 22 Fla. L. Weekly Fed. B 257, 63 Collier Bankr. Cas. 2d 872, 2010 Bankr. LEXIS 185, 52 Bankr. Ct. Dec. (CRR) 197

...filed and maintained. [23] The Lessor does not have a perfected security interest in cash of the Association for several reasons. To perfect a security interest in cash, a secured creditor must be in possession or control of the cash. See Fla. Stat. § 679.3121(2)....
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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

...orida's Uniform Commercial Code ("UCC"). Recording the Assignments in accordance with the real estate recording statutes was not sufficient; and C. To perfect under the UCC, an Investor had to either file a UCC-1 financing statement under Fla. Stat. § 679.3121(1), or have possession of the original Mortgage Note which perfects the security interest under Fla....