Fla. Stat. 679.326
Priority of security interests created by new debtor


(1)

Subject to subsection (2), a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and perfected by a filed financing statement that would be ineffective to perfect the security interest but for the application of s. 679.508 or ss. 679.508 and 679.3161(9)(a) is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement.

(2)

The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection (1). However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor’s having become bound.

Source: Section 679.326 — Priority of security interests created by new debtor, https://www.­flsenate.­gov/Laws/Statutes/2024/0679.­326 (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

§ 679.326. Priority of security interests created by new debtor's source at flsenate​.gov