The Florida Senate

679.302  When filing is required to perfect security interest; security interests to which filing provisions of this chapter do not apply.--

(1)  A financing statement must be filed to perfect all security interests except the following:

(a)  A security interest in collateral in possession of the secured party under s. 679.304(1) or s. 679.305;

(b)  A security interest temporarily perfected in instruments, certificated securities, or documents without delivery under s. 679.304 or in proceeds for a 10-day period under s. 679.306;

(c)  A security interest created by an assignment of a beneficial interest in a decedent's estate;

(d)  A purchase money security interest in consumer goods; but filing is required for a fixture under s. 679.313;

(e)  An assignment of accounts which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts of the assignor;

(f)  A security interest of a collecting bank (s. 674.2101) or arising under the chapter on sales (see s. 679.113) or covered in subsection (3) of this section;

(g)  An assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder; or

(h)  A security interest in investment property which is perfected without filing under s. 679.115 or s. 679.116.

(2)  If a secured party assigns a perfected security interest, no filing under this chapter is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.

(3)  The filing of a financing statement otherwise required by this chapter is not necessary or effective to perfect a security interest in property subject to:

(a)  A statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specifies a place of filing different from that specified in this chapter for filing of the security interest; or

(b)  The following statutes of this state: chapters 319 and 328; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this chapter (part IV) apply to a security interest in that collateral created by him or her as debtor; or

(c)  A certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (s. 679.103(2)).

(4)  Compliance with a statute or treaty described in subsection (3) is equivalent to the filing of a financing statement under this chapter, and a security interest in property subject to the statute or treaty can be perfected only by compliance therewith except as provided in s. 679.103 on multiple state transactions. Duration and renewal of perfection of a security interest perfected by compliance with the statute or treaty are governed by the provisions of the statute or treaty; in other respects the security interest is subject to this chapter.

History.--s. 1, ch. 65-254; s. 16, ch. 79-398; s. 2, ch. 81-276; s. 7, ch. 87-275; s. 54, ch. 92-82; s. 686, ch. 97-102; s. 13, ch. 98-11.

Note.--s. 9-302, U.C.C.; supersedes ss. 673.08, 28.22.