Florida Statute 679.320 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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679.320 Buyer of goods.—

(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;

(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.

History.—s. 3, ch. 2001-198; s. 162, ch. 2025-92.

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Amendments to 679.320

Annotations, Discussions, Cases:

Cases Citing Statute 679.320

Total Results: 2

Element Financial Corp. v. Marcinkoski Gradall, Inc.

215 So. 3d 1252, 92 U.C.C. Rep. Serv. 2d (West) 336, 2017 WL 1175879, 2017 Fla. App. LEXIS 4194

District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 60264592

Published

pursuant to the Uniform Commercial Code, section 679.320(1), Florida Statutes (2014), entitled to title

In Re Aquamarine USA, Inc.

330 B.R. 280, 58 U.C.C. Rep. Serv. 2d (West) 647, 2005 Bankr. LEXIS 1730, 45 Bankr. Ct. Dec. (CRR) 99

United States Bankruptcy Court, M.D. Florida | Filed: Sep 9, 2005 | Docket: 1847045

Published

buyer knows of its existence." FLA. STAT. ANN. § 679.320(1) (West 2004). The Florida Uniform Commercial

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