The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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F.S. 679.320

679.320 Buyer of goods.—

(1) Except as otherwise provided in subsection (5), a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer’s seller, even if the security interest is perfected and the buyer knows of its existence.

(2) Except as otherwise provided in subsection (5), a buyer of goods from a person who used or bought the goods for use primarily for personal, family, or household purposes takes free of a security interest, even if perfected, if the buyer buys:

(a) Without knowledge of the security interest;

(b) For value;

(d) Before the filing of a financing statement covering the goods.

(3) To the extent that it affects the priority of a security interest over a buyer of goods under subsection (2), the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by s. 679.3161(1) and (2).

(4) A buyer in ordinary course of business buying oil, gas, or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.

(5) Subsections (1) and (2) do not affect a security interest in goods in the possession of the secured party under s. 679.3131.

History.—s. 3, ch. 2001-198.

F.S. 679.320 on Google Scholar

F.S. 679.320 on Casetext

Amendments to 679.320

Arrestable Offenses / Crimes under Fla. Stat. 679.320

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.320.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ELEMENT FINANCIAL CORP. v. MARCINKOSKI GRADALL, INC. A. KFIR, 215 So. 3d 1252 (Fla. Dist. Ct. App. 2017)

. . . were buyers in the ordinary course of business and, pursuant to the Uniform Commercial Code, section 679.320 . . . Second, section 679.320(1) allows a buyer to take goods purchased in the ordinary course of business . . . free of a security interest “created by the buyer’s seller.” § 679.320(1), Fla. . . . Second, we decide whether the appellees satisfied the requirements of section 679.320(1), in order to . . . Section 679.320(1), Florida Statutes (2014), allows a buyer in the ordinary course of business to take . . .

In AQUAMARINE USA, INC., 330 B.R. 280 (Bankr. M.D. Fla. 2005)

. . . . § 679.320(1) (West 2004). . . . Ann. § 679.320(1) (West 2004). . . . Koetter received the Boat free and clear of SunTrust’s security interest pursuant to § 679.320(1) of . . .