Fla. Stat. 679.324
Priority of purchase-money security interests


(1)

Except as otherwise provided in subsection (7), a perfected purchase-money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in s. 679.327, a perfected security interest in its identifiable proceeds also has priority, if the purchase-money security interest is perfected when the debtor receives possession of the collateral or within 20 days thereafter.

(2)

Subject to subsection (3) and except as otherwise provided in subsection (7), a perfected purchase-money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in s. 679.330, and, except as otherwise provided in s. 679.327, also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if:The purchase-money security interest is perfected when the debtor receives possession of the inventory;The purchase-money secured party sends an authenticated notification to the holder of the conflicting security interest;The holder of the conflicting security interest receives the notification within 5 years before the debtor receives possession of the inventory; andThe notification states that the person sending the notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the inventory.

(a)

The purchase-money security interest is perfected when the debtor receives possession of the inventory;

(b)

The purchase-money secured party sends an authenticated notification to the holder of the conflicting security interest;

(c)

The holder of the conflicting security interest receives the notification within 5 years before the debtor receives possession of the inventory; and

(d)

The notification states that the person sending the notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the inventory.

(3)

Paragraphs (2)(b), (c), and (d) apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of inventory:If the purchase-money security interest is perfected by filing, before the date of the filing; orIf the purchase-money security interest is temporarily perfected without filing or possession under s. 679.3121(6), before the beginning of the 20-day period thereunder.

(a)

If the purchase-money security interest is perfected by filing, before the date of the filing; or

(b)

If the purchase-money security interest is temporarily perfected without filing or possession under s. 679.3121(6), before the beginning of the 20-day period thereunder.

(4)

Subject to subsection (5) and except as otherwise provided in subsection (7), a perfected purchase-money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in s. 679.327, a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if:The purchase-money security interest is perfected when the debtor receives possession of the livestock;The purchase-money secured party sends an authenticated notification to the holder of the conflicting security interest;The holder of the conflicting security interest receives the notification within 6 months before the debtor receives possession of the livestock; andThe notification states that the person sending the notification has or expects to acquire a purchase-money security interest in livestock of the debtor and describes the livestock.

(a)

The purchase-money security interest is perfected when the debtor receives possession of the livestock;

(b)

The purchase-money secured party sends an authenticated notification to the holder of the conflicting security interest;

(c)

The holder of the conflicting security interest receives the notification within 6 months before the debtor receives possession of the livestock; and

(d)

The notification states that the person sending the notification has or expects to acquire a purchase-money security interest in livestock of the debtor and describes the livestock.

(5)

Paragraphs (4)(b), (c), and (d) apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock:If the purchase-money security interest is perfected by filing, before the date of the filing; orIf the purchase-money security interest is temporarily perfected without filing or possession under s. 679.3121(6), before the beginning of the 20-day period thereunder.

(a)

If the purchase-money security interest is perfected by filing, before the date of the filing; or

(b)

If the purchase-money security interest is temporarily perfected without filing or possession under s. 679.3121(6), before the beginning of the 20-day period thereunder.

(6)

Except as otherwise provided in subsection (7), a perfected purchase-money security interest in software has priority over a conflicting security interest in the same collateral, and, except as otherwise provided in s. 679.327, a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase-money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this section.

(7)

If more than one security interest qualifies for priority in the same collateral under subsection (1), subsection (2), subsection (4), or subsection (6):A security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; andIn all other cases, s. 679.322(1) applies to the qualifying security interests.

(a)

A security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and

(b)

In all other cases, s. 679.322(1) applies to the qualifying security interests.

Source: Section 679.324 — Priority of purchase-money security interests, https://www.­flsenate.­gov/Laws/Statutes/2024/0679.­324 (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

§ 679.324. Priority of purchase-money security interests's source at flsenate​.gov