Fla. Stat. 679.1091
Scope
(1)
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;A consignment;A security interest arising under s. 672.401, s. 672.502, s. 672.711, or s. 680.508(5), as provided in s. 679.1101; andA security interest arising under s. 674.2101 or s. 675.118.(a)
A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;(b)
An agricultural lien;(c)
A sale of accounts, chattel paper, payment intangibles, or promissory notes;(d)
A consignment;(e)
A security interest arising under s. 672.401, s. 672.502, s. 672.711, or s. 680.508(5), as provided in s. 679.1101; and(f)
A security interest arising under s. 674.2101 or s. 675.118.(2)
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.(3)
This chapter does not apply to the extent that:A statute, regulation, or treaty of the United States preempts this chapter; orThe rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under s. 675.114.(a)
A statute, regulation, or treaty of the United States preempts this chapter; or(b)
The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under s. 675.114.(4)
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 claim arising in tort, other than a commercial tort claim, but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;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; orA 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.(a)
A landlord’s lien, other than an agricultural lien;(b)
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;(c)
An assignment of a claim for wages, salary, or other compensation of an employee;(d)
A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;(e)
An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;(f)
An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;(g)
An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;(h)
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;(i)
An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;(j)
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; andSection 679.4041 applies with respect to defenses or claims of an account debtor;(k)
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:Liens on real property in ss. 679.2031 and 679.3081;Fixtures in s. 679.334;Fixture filings in ss. 679.5011, 679.5021, 679.512, 679.516, and 679.519; andSecurity agreements covering personal and real property in s. 679.604;(l)
An assignment of a claim arising in tort, other than a commercial tort claim, but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;(m)
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;(n)
Any transfer by a government or governmental unit; or(o)
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.
Source:
Section 679.1091 — Scope, https://www.flsenate.gov/Laws/Statutes/2024/0679.1091 (accessed Aug. 7, 2025).