The Florida Senate

679.301  Persons who take priority over unperfected security interests; right of "lien creditor."--

(1)  Except as otherwise provided in subsection (2), an unperfected security interest is subordinate to the rights of:

(a)  Persons entitled to priority under s. 679.312;

(b)  A person who becomes a lien creditor before the security interest is perfected;

(c)  In the case of goods, instruments, documents, and chattel paper, a person who is not a secured party and who is a transferee in bulk or other buyer not in ordinary course of business, or is a buyer of farm products in ordinary course of business, to the extent that he or she gives value and receives delivery of the collateral without knowledge of the security interest and before it is perfected;

(d)  In the case of accounts, investment property, and general intangibles, a person who is not a secured party and who is a transferee to the extent that he or she gives value without knowledge of the security interest and before it is perfected.

(2)  If the secured party files with respect to a purchase money security interest before or within 15 days after the debtor receives possession of the collateral, the secured party takes priority over the rights of a transferee in bulk or of a lien creditor.

(3)  A "lien creditor" means a creditor who has acquired a lien on the property involved by attachment, levy, or the like and includes a judgment lienholder as provided under ss. 55.202-55.209, an assignee for benefit of creditors from the time of assignment, and a trustee in bankruptcy from the date of the filing of the petition or a receiver in equity from the time of appointment.

History.--s. 1, ch. 65-254; s. 15, ch. 79-398; s. 1, ch. 84-53; s. 685, ch. 97-102; s. 12, ch. 98-11; s. 27, ch. 2000-258.

Note.--s. 9-301, U.C.C.; supersedes ss. 673.08(2), 673.09(2)(b), 698.01, 699.07, 700.02, 85.30, 85.25(2)(b), 673.08.