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The Florida Senate

2010 Florida Statutes

SECTION 304
Laws not repealed; precedence where code provisions in conflict with other laws; certain statutory remedies retained.
F.S. 671.304
671.304

Laws not repealed; precedence where code provisions in conflict with other laws; certain statutory remedies retained.

(1)

The article on documents of title (Art. 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees’ businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a “document of title” (s. 671.201).

(2)

The following laws and parts of laws are specifically not repealed and shall take precedence over any provisions of this code which may be inconsistent or in conflict therewith:

(a)

Chapter 517Sale of securities.

(b)

Chapter 687Interest and usury; lending practices.

(c)

Chapter 516Florida Consumer Finance Act.

(d)

Chapter 520Retail installment sales (Part I, Motor Vehicle Sales Finance Act; Part II, Retail Installment Sales Act; Part III, Installment Sales Finance Act).

(e)

Chapter 665Florida Savings Association Act.

(f)

Chapter 657Credit unions.

(g)

Chapters 319 and 328Title certificates (motor vehicle; vessel).

(h)

Chapter 538Secondhand Dealers and Secondary Metals Recyclers.

(i)

Chapters 658, 660, and 663.

(3)

The following laws or parts of laws, although not repealed, shall yield to and be superseded by any provisions of the code which may be inconsistent or in conflict therewith:

(a)

Chapter 697Instruments deemed mortgages and the nature of a mortgage.

(b)

Chapter 701Assignment and cancellation of mortgages.

(c)

Chapter 702Foreclosure of mortgages.

(d)

Chapter 727General assignments.

(4)

Notwithstanding any provisions to the contrary in any of the following Florida Statutes, the remedies provided by such statutes shall not restrict the remedies otherwise available to a secured party under this code, but all such remedies shall be cumulatively available in accordance with their respective terms to a secured party under this code: Chapter 76Attachment.

(5)

The effectiveness of any financing statement or continuation statement filed prior to January 1, 1980, or any continuation statement filed on or after October 1, 1984, which states that the debtor is a transmitting utility as provided in s. 679.515(6) shall continue until a termination statement is filed, except that if this act requires a filing in an office where there was no previous financing statement, a new financing statement conforming to s. 680.109(4), Florida Statutes 1979, shall be filed in that office.

History.

s. 1, ch. 65-254; s. 174, ch. 79-164; s. 3, ch. 80-273; s. 5, ch. 81-276; s. 1, ch. 84-167; s. 3, ch. 89-533; s. 6, ch. 90-278; s. 205, ch. 92-303; s. 25, ch. 98-11; s. 6, ch. 2000-155; s. 4, ch. 2010-131.

Note.

Former s. 680.104.