Fla. Stat. 679.3051
Law governing perfection and priority of security interests in investment property


(1)

Except as otherwise provided in subsection (3), the following rules apply:While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby.The local law of the issuer’s jurisdiction as specified in s. 678.1101(4) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security.The local law of the securities intermediary’s jurisdiction as specified in s. 678.1101(5) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account.The local law of the commodity intermediary’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account.

(a)

While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby.

(b)

The local law of the issuer’s jurisdiction as specified in s. 678.1101(4) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security.

(c)

The local law of the securities intermediary’s jurisdiction as specified in s. 678.1101(5) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account.

(d)

The local law of the commodity intermediary’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account.

(2)

The following rules determine a commodity intermediary’s jurisdiction for purposes of this part:If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary’s jurisdiction for purposes of this part, this chapter, or the Uniform Commercial Code, that jurisdiction is the commodity intermediary’s jurisdiction.If paragraph (a) does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.If neither paragraph (a) nor paragraph (b) applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer’s account is located.If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located.

(a)

If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary’s jurisdiction for purposes of this part, this chapter, or the Uniform Commercial Code, that jurisdiction is the commodity intermediary’s jurisdiction.

(b)

If paragraph (a) does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.

(c)

If neither paragraph (a) nor paragraph (b) applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.

(d)

If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer’s account is located.

(e)

If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located.

(3)

The local law of the jurisdiction in which the debtor is located governs:Perfection of a security interest in investment property by filing;Automatic perfection of a security interest in investment property created by a broker or securities intermediary; andAutomatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary.

(a)

Perfection of a security interest in investment property by filing;

(b)

Automatic perfection of a security interest in investment property created by a broker or securities intermediary; and

(c)

Automatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary.

Source: Section 679.3051 — Law governing perfection and priority of security interests in investment property, https://www.­flsenate.­gov/Laws/Statutes/2024/0679.­3051 (accessed Aug. 7, 2025).

679.319
Rights and title of consignee with respect to creditors and purchasers
679.320
Buyer of goods
679.321
Licensee of general intangible and lessee of goods in ordinary course of business
679.322
Priorities among conflicting security interests in and agricultural liens on same collateral
679.323
Future advances
679.324
Priority of purchase-money security interests
679.325
Priority of security interests in transferred collateral
679.326
Priority of security interests created by new debtor
679.327
Priority of security interests in deposit account
679.328
Priority of security interests in investment property
679.329
Priority of security interests in letter-of-credit right
679.330
Priority of purchaser of chattel paper or instrument
679.331
Priority of rights of purchasers of instruments, documents, and securities under other articles
679.332
Transfer of money
679.333
Priority of certain liens arising by operation of law
679.334
Priority of security interests in fixtures and crops
679.335
Accessions
679.336
Commingled goods
679.337
Priority of security interests in goods covered by certificate of title
679.338
Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information
679.339
Priority subject to subordination
679.340
Effectiveness of right of recoupment or set-off against deposit account
679.341
Bank’s rights and duties with respect to deposit account
679.342
Bank’s right to refuse to enter into or disclose existence of control agreement
679.3011
Law governing perfection and priority of security interests
679.3021
Law governing perfection and priority of agricultural liens
679.3031
Law governing perfection and priority of security interests in goods covered by a certificate of title
679.3041
Law governing perfection and priority of security interests in deposit accounts
679.3051
Law governing perfection and priority of security interests in investment property
679.3061
Law governing perfection and priority of security interests in letter-of-credit rights
679.3071
Location of debtor
679.3081
When security interest or agricultural lien is perfected
679.3091
Security interest perfected upon attachment
679.3101
When filing required to perfect security interest or agricultural lien
679.3111
Perfection of security interests in property subject to certain statutes, regulations, and treaties
679.3121
Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money
679.3131
When possession by or delivery to secured party perfects security interest without filing
679.3141
Perfection by control
679.3151
Secured party’s rights on disposition of collateral and in proceeds
679.3161
Continued perfection of security interest following change in governing law
679.3171
Interests that take priority over or take free of security interest or agricultural lien
679.3181
No interest retained in right to payment that is sold

Current through Fall 2025

§ 679.3051. Law governing perfection & priority of security interests in investment property's source at flsenate​.gov