The Florida Senate

679.5021  Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.--

(1)  Subject to subsection (2), a financing statement is sufficient only if it:

(a)  Provides the name of the debtor;

(b)  Provides the name of the secured party or a representative of the secured party; and

(c)  Indicates the collateral covered by the financing statement.

(2)  Except as otherwise provided in s. 679.5011(2), to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or that is filed as a fixture filing and covers goods that are or are to become fixtures, must comply with the requirements of subsection (1) and also:

(a)  Indicate that it covers this type of collateral;

(b)  Indicate that it is to be filed in the real property records;

(c)  Provide a description of the real property to which the collateral is related; and

(d)  If the debtor does not have an interest of record in the real property, provide the name of a record owner.

(3)  A record of a mortgage satisfying the requirements of chapter 697 is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:

(a)  The record of a mortgage indicates the goods or accounts that it covers;

(b)  The goods are or are to become fixtures related to the real property described in the record of a mortgage or the collateral is related to the real property described in the mortgage and is as-extracted collateral or timber to be cut;

(c)  The record of a mortgage complies with the requirements for a financing statement in this section other than an indication that it is to be filed in the real property records; and

(d)  The record of a mortgage is recorded as required by chapter 697.

(4)  A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.

History.--s. 6, ch. 2001-198.