2010 Florida Statutes
Except as otherwise provided in subsections (3) and (4), this chapter applies to:
A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;
An agricultural lien;
A sale of accounts, chattel paper, payment intangibles, or promissory notes;
The application of this chapter to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this chapter does not apply.
This chapter does not apply to the extent that:
A statute, regulation, or treaty of the United States preempts this chapter; or
The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under s. 675.114.
This chapter does not apply to:
A landlord’s lien, other than an agricultural lien;
A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but s. 679.333 applies with respect to priority of the lien;
An assignment of a claim for wages, salary, or other compensation of an employee;
A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;
An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;
An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;
An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;
A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;
An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;
A right of recoupment or set-off, but:
Section 679.340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and
Section 679.4041 applies with respect to defenses or claims of an account debtor;
The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:
Fixtures in s. 679.334;
Security agreements covering personal and real property in s. 679.604;
An assignment of a deposit account, other than a nonnegotiable certificate of deposit, in a consumer transaction, but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;
Any transfer by a government or governmental unit; or
A transfer or pledge of, or creation of a security interest in, any interest or right or portion of any interest or right in any storm-recovery property as defined in s. 366.8260.
s. 1, ch. 2001-198; s. 2, ch. 2005-107.