Fla. Stat. 679.323
Future advances

(1)

Except as otherwise provided in subsection (3), for purposes of determining the priority of a perfected security interest under s. 679.322(1)(a), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:Is made while the security interest is perfected only:
Under s. 679.3091 when it attaches; or
Temporarily under s. 679.3121(5), (6), or (7); and
Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under s. 679.3091 or s. 679.3121(5), (6), or (7).

(a)

Is made while the security interest is perfected only:Under s. 679.3091 when it attaches; orTemporarily under s. 679.3121(5), (6), or (7); and
1. Under s. 679.3091 when it attaches; or
2. Temporarily under s. 679.3121(5), (6), or (7); and

(b)

Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under s. 679.3091 or s. 679.3121(5), (6), or (7).

(2)

Except as otherwise provided in subsection (3), a security interest is subordinate to the rights of a person who becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after the person becomes a lien creditor unless the advance is made:Without knowledge of the lien; orPursuant to a commitment entered into without knowledge of the lien.

(a)

Without knowledge of the lien; or

(b)

Pursuant to a commitment entered into without knowledge of the lien.

(3)

Subsections (1) and (2) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.

(4)

Except as otherwise provided in subsection (5), a buyer of goods other than a buyer in ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of:The time the secured party acquires knowledge of the buyer’s purchase; orForty-five days after the purchase.

(a)

The time the secured party acquires knowledge of the buyer’s purchase; or

(b)

Forty-five days after the purchase.

(5)

Subsection (4) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer’s purchase and before the expiration of the 45-day period.

(6)

Except as otherwise provided in subsection (7), a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:The time the secured party acquires knowledge of the lease; orForty-five days after the lease contract becomes enforceable.

(a)

The time the secured party acquires knowledge of the lease; or

(b)

Forty-five days after the lease contract becomes enforceable.

(7)

Subsection (6) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.

Source: Section 679.323 — Future advances, https://www.­flsenate.­gov/Laws/Statutes/2024/0679.­323 (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

§ 679.323. Future advances's source at flsenate​.gov