Fla. Stat. 679.322
Priorities among conflicting security interests in and agricultural liens on same collateral

(1)

Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter during which is neither filing nor perfection.A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien.The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.

(a)

Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter during which is neither filing nor perfection.

(b)

A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien.

(c)

The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.

(2)

For the purposes of paragraph (1)(a):The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; andThe time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.

(a)

The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and

(b)

The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.

(3)

Except as otherwise provided in subsection (6), a security interest in collateral which qualifies for priority over a conflicting security interest under s. 679.327, s. 679.328, s. 679.329, s. 679.330, or s. 679.331 also has priority over a conflicting security interest in:Any supporting obligation for the collateral; andProceeds of the collateral if:
The security interest in proceeds is perfected;
The proceeds are cash proceeds or of the same type as the collateral; and
In the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.

(a)

Any supporting obligation for the collateral; and

(b)

Proceeds of the collateral if:The security interest in proceeds is perfected;The proceeds are cash proceeds or of the same type as the collateral; andIn the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.
1. The security interest in proceeds is perfected;
2. The proceeds are cash proceeds or of the same type as the collateral; and
3. In the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.

(4)

Subject to subsection (5) and except as otherwise provided in subsection (6), if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter-of-credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing.

(5)

Subsection (4) applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter-of-credit rights.

(6)

Subsections (1) through (5) are subject to:Subsection (7) and the other provisions of this part;Section 674.2101 with respect to a security interest of a collecting bank;Section 675.118 with respect to a security interest of an issuer or nominated person; andSection 679.1101 with respect to a security interest arising under chapter 672 or chapter 680.

(a)

Subsection (7) and the other provisions of this part;

(b)

Section 674.2101 with respect to a security interest of a collecting bank;

(c)

Section 675.118 with respect to a security interest of an issuer or nominated person; and

(d)

Section 679.1101 with respect to a security interest arising under chapter 672 or chapter 680.

(7)

A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.

Source: Section 679.322 — Priorities among conflicting security interests in and agricultural liens on same collateral, https://www.­flsenate.­gov/Laws/Statutes/2024/0679.­322 (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

§ 679.322. Priorities among conflicting security interests in & agricultural liens on same collateral's source at flsenate​.gov