Fla. Stat. 679.3161
Continued perfection of security interest following change in governing law


(1)

A security interest perfected pursuant to the law of the jurisdiction designated in s. 679.3011(1) or s. 679.3051(3) remains perfected until the earliest of:The time perfection would have ceased under the law of that jurisdiction;The expiration of 4 months after a change of the debtor’s location to another jurisdiction; orThe expiration of 1 year after a transfer of collateral to a person who thereby becomes a debtor and is located in another jurisdiction.

(a)

The time perfection would have ceased under the law of that jurisdiction;

(b)

The expiration of 4 months after a change of the debtor’s location to another jurisdiction; or

(c)

The expiration of 1 year after a transfer of collateral to a person who thereby becomes a debtor and is located in another jurisdiction.

(2)

If a security interest described in subsection (1) becomes perfected under the law of the other jurisdiction before the earliest time or event described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

(3)

A possessory security interest in collateral, other than goods covered by a certificate of title and as-extracted collateral consisting of goods, remains continuously perfected if:The collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction;Thereafter the collateral is brought into another jurisdiction; andUpon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction.

(a)

The collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction;

(b)

Thereafter the collateral is brought into another jurisdiction; and

(c)

Upon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction.

(4)

Except as otherwise provided in subsection (5), a security interest in goods covered by a certificate of title which is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from this state remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered.

(5)

A security interest described in subsection (4) becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under s. 679.3111(2) or s. 679.3131 are not satisfied before the earlier of:The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this state; orThe expiration of 4 months after the goods had become so covered.

(a)

The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this state; or

(b)

The expiration of 4 months after the goods had become so covered.

(6)

A security interest in deposit accounts, letter-of-credit rights, or investment property which is perfected under the law of the bank’s jurisdiction, the issuer’s jurisdiction, a nominated person’s jurisdiction, the securities intermediary’s jurisdiction, or the commodity intermediary’s jurisdiction, as applicable, remains perfected until the earlier of:The time the security interest would have become unperfected under the law of that jurisdiction; orThe expiration of 4 months after a change of the applicable jurisdiction to another jurisdiction.

(a)

The time the security interest would have become unperfected under the law of that jurisdiction; or

(b)

The expiration of 4 months after a change of the applicable jurisdiction to another jurisdiction.

(7)

If a security interest described in subsection (6) becomes perfected under the law of the other jurisdiction before the earlier of the time or the end of the period described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

(8)

The following rules apply to collateral to which a security interest attaches within 4 months after the debtor changes its location to another jurisdiction:A financing statement filed before the change of the debtor’s location pursuant to the law of the jurisdiction designated in s. 679.3011(1) or s. 679.3051(3) is effective to perfect a security interest in the collateral if the financing statement would have been effective to perfect a security interest in the collateral if the debtor had not changed its location.If a security interest that is perfected by a financing statement that is effective under paragraph (a) becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in s. 679.3011(1) or s. 679.3051(3) or the expiration of the 4-month period, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

(a)

A financing statement filed before the change of the debtor’s location pursuant to the law of the jurisdiction designated in s. 679.3011(1) or s. 679.3051(3) is effective to perfect a security interest in the collateral if the financing statement would have been effective to perfect a security interest in the collateral if the debtor had not changed its location.

(b)

If a security interest that is perfected by a financing statement that is effective under paragraph (a) becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in s. 679.3011(1) or s. 679.3051(3) or the expiration of the 4-month period, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

(9)

If a financing statement naming an original debtor is filed pursuant to the law of the jurisdiction designated in s. 679.3011(1) or s. 679.3051(3) and the new debtor is located in another jurisdiction, the following rules apply:The financing statement is effective to perfect a security interest in collateral in which the new debtor has or acquires rights before or within 4 months after the new debtor becomes bound under s. 679.2031(4), if the financing statement would have been effective to perfect a security interest in the collateral if the collateral had been acquired by the original debtor.A security interest that is perfected by the financing statement and that becomes perfected under the law of the other jurisdiction before the earlier of the expiration of the 4-month period or the time the financing statement would have become ineffective under the law of the jurisdiction designated in s. 679.3011(1) or s. 679.3051(3) remains perfected thereafter. A security interest that is perfected by the financing statement but that does not become perfected under the law of the other jurisdiction before the earlier time or event becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

(a)

The financing statement is effective to perfect a security interest in collateral in which the new debtor has or acquires rights before or within 4 months after the new debtor becomes bound under s. 679.2031(4), if the financing statement would have been effective to perfect a security interest in the collateral if the collateral had been acquired by the original debtor.

(b)

A security interest that is perfected by the financing statement and that becomes perfected under the law of the other jurisdiction before the earlier of the expiration of the 4-month period or the time the financing statement would have become ineffective under the law of the jurisdiction designated in s. 679.3011(1) or s. 679.3051(3) remains perfected thereafter. A security interest that is perfected by the financing statement but that does not become perfected under the law of the other jurisdiction before the earlier time or event becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

Source: Section 679.3161 — Continued perfection of security interest following change in governing law, https://www.­flsenate.­gov/Laws/Statutes/2024/0679.­3161 (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

§ 679.3161. Continued perfection of security interest following change in governing law's source at flsenate​.gov