679.323 Future advances. - Florida Statutes

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:

   (a) Is made while the security interest is perfected only:

   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:

   (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:

   (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:

   (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.

History. s. 3, ch. 2001-198.