The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.107

672.107 Goods to be severed from realty; recording.—

(1) A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this chapter if they are to be severed by the seller, but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.

(2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of goods within this chapter whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.

(3) The provisions of this section are subject to any third-party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer’s rights under the contract for sale.

History.—s. 1, ch. 65-254; s. 3, ch. 79-398.

Note.—s. 2-107, U.C.C.

F.S. 672.107 on Google Scholar

F.S. 672.107 on Casetext

Amendments to 672.107

Arrestable Offenses / Crimes under Fla. Stat. 672.107

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.107.

Annotations, Discussions, Cases:

Cases from cite.case.law:

TROPICANA PRODUCTS, INC. v. H. SHIRLEY, Jr. F. W. C., 501 So. 2d 1373 (Fla. Dist. Ct. App. 1987)

. . . . § 672.107, Fla.Stat. (1985). . . .

R. KONAS, Sr. v. COASTAL LUMBER COMPANY,, 496 So. 2d 868 (Fla. Dist. Ct. App. 1986)

. . . the trial court answered this question in the affirmative, based upon the 1979 amendments to section 672.107 . . . both Coastal and the trial judge that timber may now be classified as “goods” pursuant to sections 672.107 . . . See also, section 672.107, Florida Statutes Annotated, Sponsors’ Notes (Section 3, Chapter 79-398, Laws . . . of Florida (1979)): The change [to section 672.107] makes timber to be cut under a contract of severance . . . then constitute notice to third parties of the buyer’s rights under the contract for sale_” Section 672.107 . . . the sale of the timber constituted a present sale of “goods” pursuant to the provisions of Section 672.107 . . . Section 672.107(2), Florida Statutes (1979), provides that a contract for sale of timber to be cut is . . . Section 672.107(2), Florida Statutes. . . . It is our view that Section 672.107(3) as presently worded does not require the recording of a sale of . . .

GEORGIA- PACIFIC CORPORATION, v. DEPARTMENT OF REVENUE OF STATE, 410 So. 2d 550 (Fla. Dist. Ct. App. 1982)

. . . The legal issue may be stated as follows: Did Section 672.107(2), Florida Statutes, as amended effective . . . Among these was an amendment to subsection (2) of Section 672.107 relating to a contract for the sale . . . As Amended, it reads: 672.107(2) “A contract for the sale apart from the land of growing crops or other . . . the documentary excise tax imposed by Section 201.02, Fla.Stats., despite the amendment to Section 672.107 . . . the Court notes that Chapter 79-398, Laws of Florida, which made the pertinent amendment to Section 672.107 . . .

EXCHANGE NATIONAL BANK OF TAMPA, v. ALTURAS PACKING COMPANY, INC., 269 So. 2d 733 (Fla. Dist. Ct. App. 1972)

. . . It is our view that Section 672.107(3) as presently worded does not require the recording of a sale of . . .