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Fla. Stat. § 679.1041

Control of deposit account

Known as the Uniform Commercial Code

The act spans §§ 679.1011 to 679.902 (152 sections).

Applied in 1 court decision — leading case In re Tuscany Energy, LLC (2016)

Most recently applied in In re Tuscany Energy, LLC (December 2016)

History.--s. 1, ch. 2001-198; s. 70, ch. 2025-92.

(1) A secured party has control of a deposit account if any of the following applies:

(a) The secured party is the bank with which the deposit account is maintained.

(b) The debtor, secured party, and bank have agreed in a signed record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor.

(c) The secured party becomes the bank’s customer with respect to the deposit account.

(d) Another person, other than the debtor:

1. Has control of the deposit account and acknowledges that it has control on behalf of the secured party; or

2. Obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party.

(2) A secured party that has satisfied subsection (1) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.

Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.