§ 671.304 — Laws not repealed; precedence where code provisions in conflict with other laws; certain statutory remedies retained

Florida § 671.304

• Jurisdiction: Florida
• Title: XXXIX
• Ch. 671: UNIFORM COMMERCIAL CODE: GENERAL PROVISIONS

Text

(1) The article on documents of title (Art. 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees’ businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a “document of title” (s. 671.201).

(2) The following laws and parts of laws are specifically not repealed and shall take precedence over any provisions of this code which may be inconsistent or in conflict therewith: (a) Chapter 517 — Sale of securities. (b) Chapter 687 — Interest and usury; lending practices. (c) Chapter 516 — Florida Consumer Finance Act. (d) Chapter 520 — Retail installment sales (Part I, Motor Vehicle Sales Finance Act; Part III, Retail Installment Sales Act; Part IV, Installment Sales Finance Act). (e) Chapter 665 — Florida Savings Association Act. (f) Chapter 657 — Credit unions. (g) Chapters 319 and 328 — Title certificates (motor vehicle; vessel). (h) Chapter 538 — Secondhand Dealers and Secondary Metals Recyclers. (i) Chapters 658, 660, and 663.

(3) The following laws or parts of laws, although not repealed, shall yield to and be superseded by any provisions of the code which may be inconsistent or in conflict therewith: (a) Chapter 697 — Instruments deemed mortgages and the nature of a mortgage. (b) Chapter 701 — Assignment and cancellation of mortgages. (c) Chapter 702 — Foreclosure of mortgages. (d) Chapter 727 — General assignments.

(4) Notwithstanding any provisions to the contrary in any of the following Florida Statutes, the remedies provided by such statutes shall not restrict the remedies otherwise available to a secured party under this code, but all such remedies shall be cumulatively available in accordance with their respective terms to a secured party under this code: Chapter 76 — Attachment.

(5) The effectiveness of any financing statement or continuation statement filed prior to January 1, 1980, or any continuation statement filed on or after October 1, 1984, which states that the debtor is a transmitting utility as provided in s. 679.515(6) shall continue until a termination statement is filed, except that if this act requires a filing in an office where there was no previous financing statement, a new financing statement conforming to s. 680.109(4), Florida Statutes 1979, shall be filed in that office.

Legislative History

s. 1, ch. 65-254; s. 174, ch. 79-164; s. 3, ch. 80-273; s. 5, ch. 81-276; s. 1, ch. 84-167; s. 3, ch. 89-533; s. 6, ch. 90-278; s. 205, ch. 92-303; s. 25, ch. 98-11; s. 6, ch. 2000-155; s. 4, ch. 2010-131; s. 6, ch. 2017-118.