679.1091 Scope. - Florida Statutes

679.1091 Scope.

   (1) Except as otherwise provided in subsections (3) and (4), this chapter applies to:

   (a) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;

   (b) An agricultural lien;

   (c) A sale of accounts, chattel paper, payment intangibles, or promissory notes;

   (d) A consignment;

   (e) A security interest arising under s. 672.401, s. 672.502, s. 672.711, or s. 680.508(5), as provided in s. 679.1101; and

   (f) A security interest arising under s. 674.2101 or s. 675.118.

   (2) The application of this chapter to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this chapter does not apply.

   (3) This chapter does not apply to the extent that:

   (a) A statute, regulation, or treaty of the United States preempts this chapter; or

   (b) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under s. 675.114.

   (4) This chapter does not apply to:

   (a) A landlord’s lien, other than an agricultural lien;

   (b) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but s. 679.333 applies with respect to priority of the lien;

   (c) An assignment of a claim for wages, salary, or other compensation of an employee;

   (d) A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;

   (e) An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;

   (f) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;

   (g) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;

   (h) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;

   (i) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

   (j) A right of recoupment or set-off, but:

   1. Section 679.340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and

   2. Section 679.4041 applies with respect to defenses or claims of an account debtor;

   (k) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:

   1. Liens on real property in ss. 679.2031 and 679.3081;

   2. Fixtures in s. 679.334;

   3. Fixture filings in ss. 679.5011, 679.5021, 679.512, 679.516, and 679.519; and

   4. Security agreements covering personal and real property in s. 679.604;

   (l) An assignment of a claim arising in tort, other than a commercial tort claim, but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;

   (m) An assignment of a deposit account, other than a nonnegotiable certificate of deposit, in a consumer transaction, but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;

   (n) Any transfer by a government or governmental unit; or

   (o) A transfer or pledge of, or creation of a security interest in, any interest or right or portion of any interest or right in any storm-recovery property as defined in s. 366.8260.

History. s. 1, ch. 2001-198; s. 2, ch. 2005-107.