HB 1437

1	A bill to be entitled
2	An act relating to the Uniform Commercial Code; amending
3	s. 15.16, F.S.; removing provision requiring certain
4	records to be filed with the Department of State; amending
5	s. 285.20, F.S.; requiring the governing body of the
6	Seminole Tribe of Florida or the Miccosukee Tribe of
7	Indians to file certain records with the central filing
8	office; amending s. 671.101, F.S.; providing scope of
9	chapter and a short title; amending s. 671.102, F.S.;
10	authorizing certain timeframes to be fixed by agreement;
11	amending s. 671.106, F.S.; making editorial changes;
12	amending s. 671.107, F.S.; providing for the discharge of
13	a claim or right under certain circumstances; amending s.
14	671.201, F.S.; providing, revising, and deleting
15	definitions; amending ss. 671.202 and 671.203, F.S.;
16	making editorial changes; amending s. 671.204, F.S.;
17	revising criteria determining when an action is taken
18	within a reasonable time and seasonably; amending s.
19	671.205, F.S.; defining "course of performance"; revising
20	the definition of "course of dealing"; providing that
21	course of performance and course of dealing may be used
22	for certain purposes; revising uses for express terms of
23	an agreement; specifying when course of performance,
24	course of dealing, or usage of trade prevails; providing
25	that course of performance is relevant to show a waiver or
26	modification in certain circumstances; repealing s.
27	671.206, F.S., relating to statute of frauds for kinds of
28	personal property not otherwise covered; amending s.
29	671.208, F.S.; making editorial changes; creating s.
30	671.209, F.S.; providing definitions; specifying when
31	notice, knowledge, or notification becomes effective with
32	the exercise of due diligence; creating s. 671.210, F.S.;
33	providing that whenever the code creates certain
34	presumptions, the trier of fact must find the existence of
35	the fact presumed unless and until evidence is introduced
36	that supports a finding of its nonexistence; creating s.
37	671.211, F.S.; providing in what instances a person gives
38	value for rights; creating s. 671.212, F.S.; providing
39	that the code modifies, limits, and supersedes certain
40	provisions of the federal Electronic Signatures in Global
41	and National Commerce Act; creating s. 671.213, F.S.;
42	authorizing the subordination of certain obligations;
43	amending s. 671.301, F.S.; revising the effective date of
44	the act; amending s. 679.5011, F.S.; providing a
45	definition for "Florida Secured Transaction Registry";
46	requires certain financial statements to be filed with the
47	central filing office; authorizing the registry to certify
48	a copy of certain financing statements; amending s.
49	679.525, F.S.; reducing the amount of certain processing
50	fees; authorizing the registry to use the fees collected
51	to fund its operations; repealing s. 15.091, F.S.,
52	relating to processing fees for filing certain statements
53	under ch. 679, F.S.; repealing s. 679.521, F.S., relating
54	to the uniform form of written financing statements and
55	amendments; repealing s. 679.526, F.S., relating to
56	filing-office rules; repealing s. 679.527, F.S., relating
57	to the Florida Secured Transaction Registry; amending ss.
58	319.27, 559.9232, 563.022, 668.50, 670.106, 670.204,
59	675.102, 679.1021, 679.5021, 679.512, 679.516, 679.519,
60	679.520, 679.523, 680.1031, 680.518, 680.519, 680.527, and
61	680.528, F.S.; conforming cross-references; amending s.
62	713.901, F.S.; specifying fees under the Florida Uniform
63	Federal Lien Registration Act previously provided through
64	cross-reference; reducing a fee and deleting a cross-
65	reference to conform to changes made by the act; providing
66	an effective date.
67
68	Be It Enacted by the Legislature of the State of Florida:
69
70	Section 1.  Subsection (3) of section 15.16, Florida
71	Statutes, is amended to read:
72	15.16  Reproduction of records; admissibility in evidence;
73	electronic receipt and transmission of records; certification;
74	acknowledgment.--
75	(3)  The Department of State may cause to be received
76	electronically any records that are required to be filed with it
77	pursuant to chapter 55, chapter 606, chapter 607, chapter 608,
78	chapter 617, chapter 620, chapter 621, chapter 679, chapter 713,
79	or chapter 865, through facsimile or other electronic transfers,
80	for the purpose of filing such records. The originals of all
81	such electronically transmitted records must be executed in the
82	manner provided in paragraph (5)(b). The receipt of such
83	electronic transfer constitutes delivery to the department as
84	required by law.
85	Section 2.  Subsection (1) of section 285.20, Florida
86	Statutes, is amended to read:
87	285.20  Tribal Secured Transactions Filing Offices.--
88	(1)  If the governing body of the Seminole Tribe of Florida
89	or the governing body of the Miccosukee Tribe of Indians adopts
90	or enacts a law or ordinance governing secured transactions
91	arising within or relating to the reservation of such tribe in
92	this state, and if such tribal law or ordinance authorizes
93	financing statements and other records relating to secured
94	transactions to be filed:
95	(a)  With the Department of State or such other central
96	filing office as may be established from time to time under the
97	Uniform Commercial Code of this state, then the Department of
98	State or other central filing office, including any private
99	secured transaction registry that may be designated as such in
100	this state, shall accept and process such filings made under the
101	tribal secured transactions law in accordance with this section
102	and the provisions of chapter 679; or
103	(b)  With the office of the clerk of circuit court in any
104	county of this state in which the tribal secured transactions
105	law requires a local filing, then such county filing office
106	shall accept and process such filings made under such tribal law
107	in accordance with this section and the provisions of chapter
108	28.
109	Section 3.  Section 671.101, Florida Statutes, is amended
110	to read:
111	671.101  Short title; scope of chapter.--
112	(1)  Chapters 670-680 may be cited as the "Uniform
113	Commercial Code."
114	(2)  This chapter applies to a transaction to the extent
115	that it is governed by another chapter of this code and may be
116	cited as the "Uniform Commercial Code--General Provisions."
117	Section 4.  Section 671.102, Florida Statutes, is amended
118	to read:
119	671.102  Purposes; rules of construction; variation by
120	agreement.--
121	(1)  This code shall be liberally construed and applied to
122	promote its underlying purposes and policies, which.
123	(2)  Underlying purposes and policies of this code are:
124	(a)  To simplify, clarify, and modernize the law governing
125	commercial transactions.;
126	(b)  To permit the continued expansion of commercial
127	practices through custom, usage, and agreement of the parties.;
128	(c)  To make uniform the law among the various
129	jurisdictions.
130	(2)(a)(3)  Except as otherwise provided in this code, the
131	effect of provisions of this code may be varied by agreement.,
132	except as otherwise provided in this code and except that
133	(b)  The obligations of good faith, diligence,
134	reasonableness, and care prescribed by this code may not be
135	disclaimed by agreement, but the parties may by agreement
136	determine the standards by which the performance of such
137	obligations is to be measured if such standards are not
138	manifestly unreasonable. Whenever this code requires an action
139	to be taken within a reasonable time, a time that is not
140	manifestly unreasonable may be fixed by agreement.
141	(c)(4)  The presence in certain provisions of this code of
142	the words "unless otherwise agreed" or words of similar import
143	does not imply that the effect of other provisions may not be
144	varied by agreement under this subsection (3).
145	(3)(5)  In this code, unless the context otherwise
146	requires:
147	(a)  Words in the singular number include the plural, and
148	words in the plural include the singular.;
149	(b)  Gender-specific language includes the other gender and
150	neuter, and when the sense so indicates Words of either the
151	neuter gender also may refer to any other any gender.
152	Section 5.  Subsection (1) of section 671.106, Florida
153	Statutes, is amended to read:
154	671.106  Remedies to be liberally administered.--
155	(1)  The remedies provided by this code must shall be
156	liberally administered to the end that the aggrieved party may
157	be put in as good a position as if the other party had fully
158	performed, but neither consequential or special nor penal
159	damages may be had except as specifically provided in this code
160	or by other rule of law.
161	Section 6.  Section 671.107, Florida Statutes, is amended
162	to read:
163	671.107  Waiver or renunciation of claim or right after
164	breach.--A Any claim or right arising out of an alleged breach
165	can be discharged in whole or in part without consideration by
166	agreement of a written waiver or renunciation signed and
167	delivered by the aggrieved party in an authenticated record.
168	Section 7.  Section 671.201, Florida Statutes, is amended
169	to read:
170	671.201  General definitions.--Unless the context otherwise
171	requires, words or phrases defined in this section, or in the
172	additional definitions contained in other chapters of this code
173	that apply to particular chapters or parts thereof, have the
174	meanings stated. Subject to additional definitions contained in
175	other the subsequent chapters of this code that apply which are
176	applicable to particular specific chapters or parts thereof, and
177	unless the context otherwise requires, in this code:
178	(1)  "Action," in the sense of a judicial proceeding,
179	includes recoupment, counterclaim, setoff, suit in equity, and
180	any other proceedings in which rights are determined.
181	(2)  "Aggrieved party" means a party entitled to pursue
182	resort to a remedy.
183	(3)  "Agreement," as distinguished from "contract," means
184	the bargain of the parties in fact, as found in their language
185	or inferred by implication from other circumstances, including
186	course of dealing, or usage of trade, or course of performance
187	as provided in this code (ss. 671.205 and 672.208). Whether an
188	agreement has legal consequences is determined by the provisions
189	of this code, if applicable; otherwise by the law of contracts
190	(s. 671.103). (Compare "contract.")
191	(4)  "Bank" means a any person engaged in the business of
192	banking and includes a savings bank, a savings and loan
193	association, a credit union, and a trust company.
194	(5)  "Bearer" means a the person in possession of a
195	negotiable an instrument, document of title, or certificated
196	security that is payable to bearer or indorsed in blank.
197	(6)  "Bill of lading" means a document evidencing the
198	receipt of goods for shipment issued by a person engaged in the
199	business of transporting or forwarding goods, and includes an
200	airbill. "Airbill" means a document serving for air
201	transportation as a bill of lading does for marine or rail
202	transportation, and includes an air consignment note or air
203	waybill.
204	(7)  "Branch" includes a separately incorporated foreign
205	branch of a bank.
206	(8)  "Burden of establishing" a fact means the burden of
207	persuading the triers of fact that the existence of the fact is
208	more probable than its nonexistence.
209	(9)  "Buyer in ordinary course of business" means a person
210	who, in ordinary course, buys goods in good faith, without
211	knowledge that the sale violates the rights of another person in
212	the goods, and in the ordinary course from a person, other than
213	a pawnbroker, in the business of selling goods of that kind. A
214	person buys goods in the ordinary course if the sale to the
215	person comports with the usual or customary practices in the
216	kind of business in which the seller is engaged or with the
217	seller's own usual or customary practices. A person who sells
218	oil, gas, or other minerals at the wellhead or minehead is a
219	person in the business of selling goods of that kind. A buyer in
220	the ordinary course of business may buy for cash, by exchange of
221	other property, or on secured or unsecured credit and may
222	acquire goods or documents of title under a preexisting contract
223	for sale. Only a buyer who takes possession of the goods or has
224	a right to recover the goods from the seller under chapter 672
225	may be a buyer in the ordinary course of business. "Buyer in
226	ordinary course of business" does not include a person who
227	acquires goods in a transfer in bulk or as security for or in
228	total or partial satisfaction of a money debt is not a buyer in
229	the ordinary course of business.
230	(10)  A term or clause is "Conspicuous," with reference to
231	a term, means when it is so written, displayed, or presented
232	that a reasonable person against whom it is to operate ought to
233	have noticed it. Whether a term is "conspicuous" is a decision
234	for the court. Conspicuous terms include the following:
235	(a)  A printed heading in capitals in a size equal to or
236	larger than that of the surrounding text or in a (as:
237	NONNEGOTIABLE BILL OF LADING) is conspicuous. Language in the
238	body of a form is conspicuous if it is in larger or other
239	contrasting type, font, or color in contrast to the surrounding
240	text of the same or lesser size.
241	(b)  Language in the body of a record or display in type
242	larger than that of the surrounding text; in a type, font, or
243	color in contrast to the surrounding text of the same size; or
244	set off from surrounding text of the same size by symbols or
245	other marks that call attention to the language. But in a
246	telegram any stated term is conspicuous. Whether a term or
247	clause is conspicuous or not is for decision by the court.
248	(11)  "Consumer" means an individual who enters into a
249	transaction primarily for personal, family, or household
250	purposes.
251	(12)(11)  "Contract," as distinguished from "agreement,"
252	means the total legal obligation that which results from the
253	parties' agreement as determined affected by this code and as
254	supplemented by any other applicable laws rules of law. (Compare
255	"agreement.")
256	(13)(12)  "Creditor" includes a general creditor, a secured
257	creditor, a lien creditor, and any representative of creditors,
258	including an assignee for the benefit of creditors, a trustee in
259	bankruptcy, a receiver in equity, and an executor or
260	administrator of an insolvent debtor's or assignor's estate.
261	(14)(13)  "Defendant" includes a person in the position of
262	defendant in a cross-action or counterclaim, cross-claim, or
263	third-party claim.
264	(15)(14)  "Delivery," with respect to an instrument
265	instruments, document documents of title, or chattel paper, or
266	certificated securities means voluntary transfer of possession.
267	(16)(15)  "Document of title" includes bill of lading, dock
268	warrant, dock receipt, warehouse receipt or order for the
269	delivery of goods, and also any other document that which in the
270	regular course of business or financing is treated as adequately
271	evidencing that the person in possession of it is entitled to
272	receive, hold, and dispose of the document and the goods it
273	covers. To be a document of title, a document must purport to be
274	issued by or addressed to a bailee and purport to cover goods in
275	the bailee's possession that which are either identified or are
276	fungible portions of an identified mass.
277	(17)(16)  "Fault" means a default, breach, or wrongful act
278	or, omission or breach.
279	(18)(17)  "Fungible goods" with respect to goods or
280	securities means:
281	(a)  Goods or securities of which any unit is, by nature or
282	usage of trade, is the equivalent of any other like unit; or.
283	(b)  Goods which are not fungible shall be deemed fungible
284	for the purposes of this code to the extent that, by under a
285	particular agreement, or document unlike units are treated as
286	equivalents.
287	(19)(18)  "Genuine" means free of forgery or
288	counterfeiting.
289	(20)(19)  "Good faith," except as otherwise provided in
290	this code, means honesty in fact and in the observance of
291	reasonable commercial standards of fair dealing conduct or
292	transaction concerned.
293	(21)(20)  "Holder," with respect to a negotiable
294	instrument, means:
295	(a)  The person in possession of a negotiable if the
296	instrument that is payable either to bearer or, in the case of
297	an instrument payable to an identified person that is, if the
298	identified person is in possession; or. "Holder," with respect
299	to a document of title, means
300	(b)  The person in possession of a document of title if the
301	goods are deliverable either to bearer or to the order of the
302	person in possession.
303	(21)  To "honor" is to pay or to accept and pay, or where a
304	credit so engages to purchase or discount a draft complying with
305	the terms of the credit.
306	(22)  "Insolvency proceeding proceedings" includes an any
307	assignment for the benefit of creditors or other proceeding
308	proceedings intended to liquidate or rehabilitate the estate of
309	the person involved.
310	(23)  A person is "Insolvent" means:
311	(a)  Having who either has ceased to pay his or her debts
312	in the ordinary course of business other than as a result of a
313	bona fide dispute;
314	(b)  Being unable to or cannot pay his or her debts as they
315	become due; or
316	(c)  Being is insolvent within the meaning of the Federal
317	Bankruptcy Law.
318	(24)  "Money" means a medium of exchange currently
319	authorized or adopted by a domestic or foreign government. The
320	term and includes a monetary unit of account established by an
321	intergovernmental organization or by agreement between two or
322	more countries nations.
323	(25)  A person has "notice" of a fact when
324	(a)  He or she has actual knowledge of it; or
325	(b)  He or she has received a notice or notification of it;
326	or
327	(c)  From all the facts and circumstances known to the
328	person at the time in question he or she has reason to know that
329	it exists.
330
331	A person "knows" or has "knowledge" of a fact when he or she has
332	actual knowledge of it. "Discover" or "learn" or a word or
333	phrase of similar import refers to knowledge rather than to
334	reason to know. The time and circumstances under which a notice
335	or notification may cease to be effective are not determined by
336	this code.
337	(26)  A person "notifies" or "gives" a notice or
338	notification to another by taking such steps as may be
339	reasonably required to inform the other in ordinary course
340	whether or not such other actually comes to know of it. A person
341	"receives" a notice or notification when
342	(a)  It comes to his or her attention; or
343	(b)  It is duly delivered at the place of business through
344	which the contract was made or at any other place held out by
345	the person as the place for receipt of such communications.
346	(27)  Notice, knowledge or a notice or notification
347	received by an organization is effective for a particular
348	transaction from the time when it is brought to the attention of
349	the individual conducting that transaction, and in any event
350	from the time when it would have been brought to his or her
351	attention if the organization had exercised due diligence. An
352	organization exercises due diligence if it maintains reasonable
353	routines for communicating significant information to the person
354	conducting the transaction and there is reasonable compliance
355	with the routines. Due diligence does not require an individual
356	acting for the organization to communicate information unless
357	such communication is part of his or her regular duties or
358	unless the individual has reason to know of the transaction and
359	that the transaction would be materially affected by the
360	information.
361	(25)(28)  "Organization" means a person other than an
362	individual includes a corporation, government or governmental
363	subdivision or agency, business trust, estate, trust,
364	partnership or association, two or more persons having a joint
365	or common interest, or any other legal or commercial entity.
366	(26)(29)  "Party," as distinguished distinct from "third
367	party," means a person who has engaged in a transaction or made
368	an agreement subject to within this code.
369	(27)(30)  "Person" means includes an individual,
370	corporation, business trust, estate, trust, partnership, limited
371	liability company, association, joint venture, government,
372	governmental subdivision, agency, or instrumentality, public
373	corporation, or any other legal or commercial entity or an
374	organization (see s. 671.102).
375	(28)  "Present value" means the amount as of a date certain
376	of one or more sums payable in the future, discounted to the
377	date certain by use of either an interest rate specified by the
378	parties if that rate is not manifestly unreasonable at the time
379	the transaction is entered into or, if an interest rate is not
380	so specified, a commercially reasonable rate that takes into
381	account the facts and circumstances at the time the transaction
382	is entered into.
383	(31)  "Presumption" or "presumed" means that the trier of
384	fact must find the existence of the fact presumed unless and
385	until evidence is introduced which would support a finding of
386	its nonexistence.
387	(29)(32)  "Purchase" means includes taking by sale, lease,
388	discount, negotiation, mortgage, pledge, lien, security
389	interest, issue or reissue, gift, or any other voluntary
390	transaction creating an interest in property.
391	(30)(33)  "Purchaser" means a person who takes by purchase.
392	(31)  "Record" means information that is inscribed on a
393	tangible medium or that is stored in an electronic or other
394	medium and is retrievable in perceivable form.
395	(32)(34)  "Remedy" means any remedial right to which an
396	aggrieved party is entitled with or without resort to a
397	tribunal.
398	(33)(35)  "Representative" means a person empowered to act
399	for another, including includes an agent, an officer of a
400	corporation or association, and a trustee, executor, or
401	administrator of an estate, or any other person empowered to act
402	for another.
403	(34)(36)  "Right Rights" includes remedy remedies.
404	(35)(37)  "Security interest" means an interest in personal
405	property or fixtures which secures payment or performance of an
406	obligation. "Security interest" The term also includes any
407	interest of a consignor and a buyer of accounts, chattel paper,
408	a payment intangible, or a promissory note in a transaction that
409	which is subject to chapter 679. "Security interest" does not
410	include the special property interest of a buyer of goods on
411	identification of those goods to a contract for sale under s.
412	672.401 is not a security interest, but a buyer may also acquire
413	a security interest by complying with chapter 679. Except as
414	otherwise provided in s. 672.505, the right of a seller or
415	lessor of goods under chapter 672 or chapter 680 to retain or
416	acquire possession of the goods is not a security interest, but
417	a seller or lessor may also acquire a security interest by
418	complying with chapter 679. The retention or reservation of
419	title by a seller of goods, notwithstanding shipment or delivery
420	to the buyer under (s. 672.401), is limited in effect to a
421	reservation of a security interest. Whether a transaction in the
422	form of a lease creates a lease or security interest is
423	determined by the facts of each case; however:
424	(a)  A transaction in the form of a lease creates a
425	security interest if the consideration that the lessee is to pay
426	the lessor for the right to possession and use of the goods is
427	an obligation for the term of the lease not subject to
428	termination by the lessee, and:;
429	1.  The original term of the lease is equal to or greater
430	than the remaining economic life of the goods;
431	2.  The lessee is bound to renew the lease for the
432	remaining economic life of the goods or is bound to become the
433	owner of the goods;
434	3.  The lessee has an option to renew the lease for the
435	remaining economic life of the goods for no additional
436	consideration or nominal additional consideration upon
437	compliance with the lease agreement; or
438	4.  The lessee has an option to become the owner of the
439	goods for no additional consideration or nominal additional
440	consideration upon compliance with the lease agreement.
441	(b)  A transaction does not create a security interest
442	merely because it provides that:
443	1.  The present value of the consideration the lessee is
444	obligated to pay the lessor for the right to possession and use
445	of the goods is substantially equal to or is greater than the
446	fair market value of the goods at the time the lease is entered
447	into;
448	2.  The lessee assumes the risk of loss of the goods or
449	agrees to pay taxes; insurance; filing, recording, or
450	registration fees; or service or maintenance costs with respect
451	to the goods;
452	3.  The lessee agrees to pay, with respect to the goods,
453	taxes; insurance; filing, recording, or registration fees; or
454	service or maintenance costs;
455	4.3.  The lessee has an option to renew the lease or to
456	become the owner of the goods;
457	5.4.  The lessee has an option to renew the lease for a
458	fixed rent that is equal to or greater than the reasonably
459	predictable fair market rent for the use of the goods for the
460	term of the renewal at the time the option is to be performed;
461	or
462	6.5.  The lessee has an option to become the owner of the
463	goods for a fixed price that is equal to or greater than the
464	reasonably predictable fair market value of the goods at the
465	time the option is to be performed.
466	(c)  For purposes of this subsection:
467	1.  Additional consideration is not nominal if it is less
468	than the lessee's reasonably predictable cost of performing
469	under the lease agreement if the option is not exercised.
470	Additional consideration is not nominal if:,
471	1.  When the option to renew the lease is granted to the
472	lessee, the rent is stated to be the fair market rent for the
473	use of the goods for the term of the renewal determined at the
474	time the option is to be performed; or if,
475	2.  When the option to become the owner of the goods is
476	granted to the lessee, the price is stated to be the fair market
477	value of the goods determined at the time the option is to be
478	performed. Additional consideration is nominal if it is less
479	than the lessee's reasonably predictable cost of performing
480	under the lease agreement if the option is not exercised.
481	(d)2.  The "Reasonably predictable" and "remaining economic
482	life of the goods" and "reasonably predictable" fair market
483	rent, fair market value, or cost of performing under the lease
484	agreement must are to be determined with reference to the facts
485	and circumstances at the time the transaction is entered into.
486	3.  "Present value" means the amount as of a date certain
487	of one or more sums payable in the future, discounted to the
488	date certain. The discount is determined by the interest rate
489	specified by the parties if the rate is not manifestly
490	unreasonable at the time the transaction is entered into;
491	otherwise, the discount is determined by a commercially
492	reasonable rate that takes into account the facts and
493	circumstances of each case at the time the transaction was
494	entered into.
495	(36)(38)  "Send," in connection with a any writing, record,
496	or notice, means:
497	(a)  To deposit in the mail or deliver for transmission by
498	any other usual means of communication with postage or cost of
499	transmission provided for and properly addressed and, in the
500	case of an instrument, to an address specified thereon or
501	otherwise agreed, or, if there be none, to any address
502	reasonable under the circumstances; or.
503	(b)  In any other way to cause to be received The receipt
504	of any record writing or notice within the time at which it
505	would have arrived if properly sent has the effect of a proper
506	sending.
507	(37)(39)  "Signed" means bearing includes any symbol
508	executed or adopted by a party with present intention to adopt
509	or accept authenticate a writing.
510	(38)  "State" means a state of the United States, the
511	District of Columbia, Puerto Rico, the United States Virgin
512	Islands, or any territory or insular possession subject to the
513	jurisdiction of the United States.
514	(39)(40)  "Surety" includes a guarantor or other secondary
515	obligor.
516	(41)  "Telegram" includes a message transmitted by radio,
517	teletype, cable, any mechanical method of transmission, or the
518	like.
519	(40)(42)  "Term" means a that portion of an agreement that
520	which relates to a particular matter.
521	(41)(43)  "Unauthorized" signature" means a signature one
522	made without actual, implied, or apparent authority. The term
523	and includes a forgery.
524	(44)  "Value." Except as otherwise provided with respect to
525	negotiable instruments and bank collections (ss. 673.3031,
526	674.2101, and 674.2111), a person gives value for rights if he
527	or she acquires them:
528	(a)  In return for a binding commitment to extend credit or
529	for the extension of immediately available credit whether or not
530	drawn upon and whether or not a charge-back is provided for in
531	the event of difficulties in collection;
532	(b)  As security for or in total or partial satisfaction of
533	a preexisting claim;
534	(c)  By accepting delivery pursuant to a preexisting
535	contract for purchase; or
536	(d)  Generally, in return for any consideration sufficient
537	to support a simple contract.
538	(42)(45)  "Warehouse receipt" means a written receipt or an
539	electronic notification of receipt issued by a person engaged in
540	the business of storing goods for hire.
541	(43)(46)  "Written" or "Writing" includes printing,
542	typewriting, or any other intentional reduction to tangible
543	form. "Written" has a corresponding meaning.
544	Section 8.  Section 671.202, Florida Statutes, is amended
545	to read:
546	671.202  Prima facie evidence by third-party documents.--A
547	document in due form purporting to be a bill of lading, policy
548	or certificate of insurance, official weigher's or inspector's
549	certificate, consular invoice, or any other document authorized
550	or required by the contract to be issued by a third party is
551	shall be prima facie evidence of its own authenticity and
552	genuineness and of the facts stated in the document by the third
553	party.
554	Section 9.  Section 671.203, Florida Statutes, is amended
555	to read:
556	671.203  Obligation of good faith.--Every contract or duty
557	within this code imposes an obligation of good faith in its
558	performance and or enforcement.
559	Section 10.  Section 671.204, Florida Statutes, is amended
560	to read:
561	671.204  Actions taken within Time; reasonable time;
562	"seasonably."--
563	(1)  Whether a time for taking an action required by
564	Whenever this code is requires any action to be taken within a
565	reasonable time, any time which is not manifestly unreasonable
566	may be fixed by agreement.
567	(2)  What is a reasonable time for taking any action
568	depends on the nature, purpose, and circumstances of the such
569	action.
570	(2)(3)  An action is taken "seasonably" if when it is taken
571	at or within the time agreed or, if no time is agreed, at or
572	within a reasonable time.
573	Section 11.  Section 671.205, Florida Statutes, is amended
574	to read:
575	671.205  Course of performance; course of dealing; and
576	usage of trade.--
577	(1)  A "course of performance" is a sequence of conduct
578	between the parties to a particular transaction that exists if:
579	(a)  The agreement of the parties with respect to the
580	transaction involves repeated occasions for performance by a
581	party; and
582	(b)  The other party, with knowledge of the nature of the
583	performance and opportunity for objection to it, accepts the
584	performance or acquiesces in it without objection.
585	(2)(1)  A "course of dealing" is a sequence of previous
586	conduct concerning previous transactions between the parties to
587	a particular transaction that which is fairly to be regarded as
588	establishing a common basis of understanding for interpreting
589	their expressions and other conduct.
590	(3)(2)  A "usage of trade" is any practice or method of
591	dealing having such regularity of observance in a place,
592	vocation, or trade as to justify an expectation that it will be
593	observed with respect to the transaction in question. The
594	existence and scope of such a usage are to be proved as facts.
595	If it is established that such a usage is embodied in a written
596	trade code or similar record, writing the interpretation of the
597	record writing is a question of law for the court.
598	(4)(3)  A course of performance or a course of dealing
599	between the parties or and any usage of trade in the vocation or
600	trade in which they are engaged or of which they are or should
601	be aware is relevant in ascertaining the give particular meaning
602	of the parties' to and supplement or qualify terms of an
603	agreement, may give particular meaning to specific terms of the
604	agreement, and may supplement or qualify the terms of the
605	agreement. A usage of trade applicable in the place in which
606	part of the performance under the agreement is to occur may be
607	so utilized as to that part of the performance.
608	(5)(4)  Except as otherwise provided in subsection (6), the
609	express terms of an agreement and any an applicable course of
610	performance, course of dealing, or usage of trade must shall be
611	construed whenever wherever reasonable as consistent with each
612	other. If; but when such a construction is unreasonable:
613	(a)  Express terms prevail over control both course of
614	performance, course of dealing, and usage of trade;
615	(b)  Course of performance prevails over course of dealing
616	and usage of trade; and
617	(c)  Course of dealing prevails over controls usage of
618	trade.
619	(6)  A course of performance is relevant to show a waiver
620	or modification of any term inconsistent with the course of
621	performance.
622	(5)  An applicable usage of trade in the place where any
623	part of performance is to occur shall be used in interpreting
624	the agreement as to that part of the performance.
625	(7)(6)  Evidence of a relevant usage of trade offered by
626	one party is not admissible unless that party and until he or
627	she has given the other party such notice that as the court
628	finds sufficient to prevent unfair surprise to the other party
629	latter.
630	Section 12.  Section 671.206, Florida Statutes, is
631	repealed.
632	Section 13.  Section 671.208, Florida Statutes, is amended
633	to read:
634	671.208  Option to accelerate at will.--A term providing
635	that one party or the party's successor in interest may
636	accelerate payment or performance or require collateral or
637	additional collateral "at will" or "when she or he deems herself
638	or himself insecure" or in words of similar import must shall be
639	construed to mean that she or he has shall have power to do so
640	only if she or he in good faith believes that the prospect of
641	payment or performance is impaired. The burden of establishing
642	lack of good faith is on the party against whom the power has
643	been exercised.
644	Section 14.  Section 671.209, Florida Statutes, is created
645	to read:
646	671.209  Notice; knowledge.--
647	(1)  Subject to subsection (6), a person has "notice" of a
648	fact if the person:
649	(a)  Has actual knowledge of it;
650	(b)  Has received a notice or notification of it; or
651	(c)  From all the facts and circumstances known to the
652	person at the time in question, has reason to know that it
653	exists.
654	(2)  "Knowledge" means actual knowledge. "Knows" has a
655	corresponding meaning.
656	(3)  "Discover," "learn," or words of similar import refer
657	to knowledge rather than to reason to know.
658	(4)  A person "notifies" or "gives a notice or notification
659	to" another person by taking such steps as may be reasonably
660	required to inform the other person in ordinary course,
661	regardless of whether the other person actually comes to know of
662	it.
663	(5)  Subject to subsection (6), a person "receives" a
664	notice or notification when:
665	(a)  It comes to that person's attention; or
666	(b)  It is duly delivered in a form reasonable under the
667	circumstances at the place of business through which the
668	contract was made or at another location held out by that person
669	as the place for receipt of such communications.
670	(6)  Notice, knowledge, or a notice or notification
671	received by an organization is effective for a particular
672	transaction from the time it is brought to the attention of the
673	person conducting that transaction and, in any event, from the
674	time it would have been brought to the person's attention if the
675	organization had exercised due diligence. An organization
676	exercises due diligence if it maintains reasonable routines for
677	communicating significant information to the person conducting
678	the transaction and there is reasonable compliance with the
679	routines. Due diligence does not require an individual acting
680	for the organization to communicate information unless the
681	communication is part of the individual's regular duties or the
682	individual has reason to know of the transaction and that the
683	transaction would be materially affected by the information.
684	Section 15.  Section 671.210, Florida Statutes, is created
685	to read:
686	671.210  Presumptions.--Whenever this code creates a
687	"presumption" with respect to a fact or provides that a fact is
688	"presumed," the trier of fact must find the existence of the
689	fact presumed unless and until evidence is introduced that
690	supports a finding of its nonexistence.
691	Section 16.  Section 671.211, Florida Statutes, is created
692	to read:
693	671.211  Value.--Except as otherwise provided with respect
694	to negotiable instruments and bank collections as provided in
695	ss. 673.3031, 674.2101, and 674.2111, a person gives value for
696	rights if the person acquires them:
697	(1)  In return for a binding commitment to extend credit or
698	for the extension of immediately available credit whether or not
699	drawn upon and whether or not a charge-back is provided for in
700	the event of difficulties in collection;
701	(2)  As security for, or in total or partial satisfaction
702	of, a preexisting claim;
703	(3)  By accepting delivery under a preexisting contract for
704	purchase; or
705	(4)  In return for any consideration sufficient to support
706	a simple contract.
707	Section 17.  Section 671.212, Florida Statutes, is created
708	to read:
709	671.212  Relation to Electronic Signatures in Global and
710	National Commerce Act.--This code modifies, limits, and
711	supersedes the federal Electronic Signatures in Global and
712	National Commerce Act, 15 U.S.C. ss. 7001 et seq., except that
713	nothing in this code modifies, limits, or supersedes s. 7001(c)
714	of that act or authorizes electronic delivery of any of the
715	notices described in s. 7003(b) of that act.
716	Section 18.  Section 671.213, Florida Statutes, is created
717	to read:
718	671.213  Subordinated obligations.--An obligation may be
719	issued as subordinated to performance of another obligation of
720	the person obligated, or a creditor may subordinate its right to
721	performance of an obligation by agreement with either the person
722	obligated or another creditor of the person obligated.
723	Subordination does not create a security interest as against
724	either the common debtor or a subordinated creditor.
725	Section 19.  Subsection (1) of section 671.301, Florida
726	Statutes, is amended to read:
727	671.301  Effective date; provision for transition;
728	preservation of old transition provision.--
729	(1)  This act shall take effect at 12:01 a.m. on January 1,
730	2007 1980.
731	Section 20.  Section 679.5011, Florida Statutes, is amended
732	to read:
733	679.5011  Filing office.--
734	(1)  As used in this section, the term "Florida Secured
735	Transaction Registry" or "registry" means the centralized
736	database in which all initial financing statements, amendments,
737	assignments, and other statements of change authorized to be
738	filed under this chapter are filed, maintained, and retrieved.
739	The term does not apply to documents that are filed under this
740	chapter with the clerk of a circuit court.
741	(2)(1)  Except as otherwise provided in subsection (3) (2),
742	the office in which to file a financing statement to perfect a
743	security interest or agricultural lien is:
744	(a)  The office of the clerk of the circuit court, if:
745	1.  The collateral is as-extracted collateral or timber to
746	be cut; or
747	2.  The collateral is goods that are or are to become
748	fixtures and the financing statement is filed as a fixture
749	filing.
750	(b)  The Florida Secured Transaction Registry, in
751	accordance with ss. 679.3011-679.3071, in all other cases,
752	including cases in which the collateral is goods that are or are
753	to become fixtures and the financing statement is not filed as a
754	fixture filing.
755	(3)(2)  The office in which to file a financing statement
756	to perfect a security interest in collateral, including
757	fixtures, of a transmitting utility is the Office of the
758	Secretary of State, or the central filing office authorized by
759	s. 679.527 to accept filings for the Florida Secured Transaction
760	Registry. The financing statement also constitutes a fixture
761	filing as to the collateral indicated in the financing statement
762	which is or is to become fixtures.
763	(4)  The Florida Secured Transaction Registry may certify a
764	copy of a financing statement, or an amendment thereto, which
765	shall be admissible in a state or federal court or in a
766	proceeding before any other tribunal.
767	Section 21.  Section 679.525, Florida Statutes, is amended
768	to read:
769	679.525  Processing fees.--
770	(1)  Except as otherwise provided in subsection (3), the
771	nonrefundable processing fee for filing and indexing a record
772	under this part, other than an initial financing statement of
773	the kind described in s. 679.5021(3), is:
774	(a)  For filing an initial financing statement, $13 $25 for
775	the first page, which shall include the cost of filing a
776	termination statement for the financing statement;
777	(b)  For filing an amendment, $6 $12 for the first page;
778	(c)  For indexing by additional debtor, secured party, or
779	assignee, $2 $3 per additional name indexed;
780	(d)  For use of a nonapproved form, $3 $5;
781	(e)  For each additional page attached to a record, $2 $3;
782	(f)  For filing a financing statement communicated by an
783	electronic filing process authorized by the filing office, $8
784	$15 with no additional fees for multiple names or attached
785	pages;
786	(g)  For filing an amendment communicated by an electronic
787	filing process authorized by the filing office, $3 $5 with no
788	additional fees for multiple names or attached pages;
789	(h)  For a certified copy of a financing statement and any
790	and all associated amendments, $15 $30; and
791	(i)  For a photocopy of a filed record, $1 per page.
792	(2)  Except as otherwise provided in subsection (3), the
793	fee for filing and indexing an initial financing statement of
794	the kind described in s. 679.5021(3) is the amount specified in
795	chapter 28.
796	(3)  This section does not require a fee with respect to a
797	mortgage that is effective as a financing statement filed as a
798	fixture filing or as a financing statement covering as-extracted
799	collateral or timber to be cut under s. 679.5021(3). However,
800	the recording and satisfaction fees that otherwise would be
801	applicable to the mortgage apply.
802	(4)  The Florida Secured Transaction Registry shall use the
803	fees collected to fund its operations.
804	Section 22.  Sections 15.091, 679.521, 679.526, and
805	679.527, Florida Statutes, are repealed.
806	Section 23.  Subsection (2) and paragraph (b) of subsection
807	(3) of section 319.27, Florida Statutes, are amended to read:
808	319.27  Notice of lien on motor vehicles or mobile homes;
809	notation on certificate; recording of lien.--
810	(2)  No lien for purchase money or as security for a debt
811	in the form of a security agreement, retain title contract,
812	conditional bill of sale, chattel mortgage, or other similar
813	instrument or any other nonpossessory lien, including a lien for
814	child support, upon a motor vehicle or mobile home upon which a
815	Florida certificate of title has been issued shall be
816	enforceable in any of the courts of this state against creditors
817	or subsequent purchasers for a valuable consideration and
818	without notice, unless a sworn notice of such lien has been
819	filed in the department and such lien has been noted upon the
820	certificate of title of the motor vehicle or mobile home. Such
821	notice shall be effective as constructive notice when filed. The
822	interest of a statutory nonpossessory lienor; the interest of a
823	nonpossessory execution, attachment, or equitable lienor; or the
824	interest of a lien creditor as defined in s.
825	679.1021(1)(yy)(zz), if nonpossessory, shall not be enforceable
826	against creditors or subsequent purchasers for a valuable
827	consideration unless such interest becomes a possessory lien or
828	is noted upon the certificate of title for the subject motor
829	vehicle or mobile home prior to the occurrence of the subsequent
830	transaction. Provided the provisions of this subsection relating
831	to a nonpossessory statutory lienor; a nonpossessory execution,
832	attachment, or equitable lienor; or the interest of a lien
833	creditor as defined in s. 679.1021(1)(yy)(zz) shall not apply to
834	liens validly perfected prior to October 1, 1988. The notice of
835	lien shall provide the following information:
836	(a)  The date of the lien if a security agreement, retain
837	title contract, conditional bill of sale, chattel mortgage, or
838	other similar instrument was executed prior to the filing of the
839	notice of lien;
840	(b)  The name and address of the registered owner;
841	(c)  A description of the motor vehicle or mobile home,
842	showing the make, type, and vehicle identification number; and
843	(d)  The name and address of the lienholder.
844	(3)
845	(b)  As applied to a determination of the respective rights
846	of a secured party under this chapter and a lien creditor as
847	defined by s. 679.1021(1)(yy)(zz), or a nonpossessory statutory
848	lienor, a security interest under this chapter shall be
849	perfected upon the filing of the notice of lien with the
850	department, the county tax collector, or their agents. Provided,
851	however, the date of perfection of a security interest of such
852	secured party shall be the same date as the execution of the
853	security agreement or other similar instrument if the notice of
854	lien is filed in accordance with this subsection within 15 days
855	after the debtor receives possession of the motor vehicle or
856	mobile home and executes such security agreement or other
857	similar instrument. The date of filing of the notice of lien
858	shall be the date of its receipt by the department central
859	office in Tallahassee, if first filed there, or otherwise by the
860	office of the county tax collector, or their agents.
861	Section 24.  Paragraph (f) of subsection (2) of section
862	559.9232, Florida Statutes, is amended to read:
863	559.9232  Definitions; exclusion of rental-purchase
864	agreements from certain regulations.--
865	(2)  A rental-purchase agreement that complies with this
866	act shall not be construed to be, nor be governed by, any of the
867	following:
868	(f)  A security interest as defined in s. 671.201(35)(37).
869	Section 25.  Paragraph (g) of subsection (2) of section
870	563.022, Florida Statutes, is amended to read:
871	563.022  Relations between beer distributors and
872	manufacturers.--
873	(2)  DEFINITIONS.--In construing this section, unless the
874	context otherwise requires, the word, phrase, or term:
875	(g)  "Good faith" means honesty in fact in the conduct or
876	transaction concerned as defined and interpreted under s.
877	671.201(20)(19).
878	Section 26.  Paragraph (b) of subsection (3) and paragraph
879	(d) of subsection (16) of section 668.50, Florida Statutes, are
880	amended to read:
881	668.50  Uniform Electronic Transaction Act.--
882	(3)  SCOPE.--
883	(b)  This section does not apply to a transaction to the
884	extent the transaction is governed by:
885	1.  A provision of law governing the creation and execution
886	of wills, codicils, or testamentary trusts;
887	2.  The Uniform Commercial Code other than s. ss. 671.107
888	and 671.206 and chapters 672 and 680;
889	3.  The Uniform Computer Information Transactions Act; or
890	4.  Rules relating to judicial procedure.
891	(16)  TRANSFERABLE RECORDS.--
892	(d)  Except as otherwise agreed, a person having control of
893	a transferable record is the holder, as defined in s.
894	671.201(21)(20), of the transferable record and has the same
895	rights and defenses as a holder of an equivalent record or
896	writing under the Uniform Commercial Code, including, if the
897	applicable statutory requirements under s. 673.3021, s. 677.501,
898	or s. 679.308 are satisfied, the rights and defenses of a holder
899	in due course, a holder to which a negotiable document of title
900	has been duly negotiated, or a purchaser, respectively.
901	Delivery, possession, and indorsement are not required to obtain
902	or exercise any of the rights under this paragraph.
903	Section 27.  Subsection (1) of section 670.106, Florida
904	Statutes, is amended to read:
905	670.106  Time payment order is received.--
906	(1)  The time of receipt of a payment order or
907	communication canceling or amending a payment order is
908	determined by the rules applicable to receipt of a notice stated
909	in s. 671.209 671.201(27). A receiving bank may fix a cut-off
910	time or times on a funds-transfer business day for the receipt
911	and processing of payment orders and communications canceling or
912	amending payment orders. Different cut-off times may apply to
913	payment orders, cancellations, or amendments or to different
914	categories of payment orders, cancellations, or amendments. A
915	cut-off time may apply to senders generally, or different cut-
916	off times may apply to different senders or categories of
917	payment orders. If a payment order or communication canceling or
918	amending a payment order is received after the close of a funds-
919	transfer business day or after the appropriate cut-off time on a
920	funds-transfer business day, the receiving bank may treat the
921	payment order or communication as received at the opening of the
922	next funds-transfer business day.
923	Section 28.  Subsection (2) of section 670.204, Florida
924	Statutes, is amended to read:
925	670.204  Refund of payment and duty of customer to report
926	with respect to unauthorized payment order.--
927	(2)  Reasonable time under subsection (1) may be fixed by
928	agreement as stated in s. 671.204(1), but the obligation of a
929	receiving bank to refund payment as stated in subsection (1) may
930	not otherwise be varied by agreement.
931	Section 29.  Subsection (3) of section 675.102, Florida
932	Statutes, is amended to read:
933	675.102  Scope.--
934	(3)  With the exception of this subsection, subsections (1)
935	and (4), ss. 675.103(1)(i) and (j), 675.106(4), and 675.114(4),
936	and except to the extent prohibited in ss. 671.102(2)(3) and
937	675.117(4), the effect of this chapter may be varied by
938	agreement or by a provision stated or incorporated by reference
939	in an undertaking. A term in an agreement or undertaking
940	generally excusing liability or generally limiting remedies for
941	failure to perform obligations is not sufficient to vary
942	obligations prescribed by this chapter.
943	Section 30.  Paragraphs (mm) through (aaaa) of subsection
944	(1) of section 679.1021, Florida Statutes, are redesignated as
945	paragraphs (ll) through (zzz), respectively, and present
946	paragraph (ll) of that subsection is amended to read:
947	679.1021  Definitions and index of definitions.--
948	(1)  In this chapter, the term:
949	(ll)  "Filing-office rule" means a rule adopted pursuant to
950	s. 679.526.
951	Section 31.  Subsection (2) of section 679.5021, Florida
952	Statutes, is amended to read:
953	679.5021  Contents of financing statement; record of
954	mortgage as financing statement; time of filing financing
955	statement.--
956	(2)  Except as otherwise provided in s. 679.5011(3)(2), to
957	be sufficient, a financing statement that covers as-extracted
958	collateral or timber to be cut, or that is filed as a fixture
959	filing and covers goods that are or are to become fixtures, must
960	comply with the requirements of subsection (1) and also:
961	(a)  Indicate that it covers this type of collateral;
962	(b)  Indicate that it is to be filed in the real property
963	records;
964	(c)  Provide a description of the real property to which
965	the collateral is related; and
966	(d)  If the debtor does not have an interest of record in
967	the real property, provide the name of a record owner.
968	Section 32.  Paragraph (b) of subsection (1) of section
969	679.512, Florida Statutes, is amended to read:
970	679.512  Amendment of financing statement.--
971	(1)  Subject to s. 679.509, a person may add or delete
972	collateral covered by, continue or terminate the effectiveness
973	of, or, subject to subsection (5), otherwise amend the
974	information provided in, a financing statement by filing an
975	amendment that:
976	(b)  If the amendment relates to an initial financing
977	statement filed or recorded in a filing office described in s.
978	679.5011(2)(1)(a), provides the information specified in s.
979	679.5021(2), the official records book and page number of the
980	initial financing statement to which the amendment relates, and
981	the name of the debtor and secured party of record.
982	Section 33.  Paragraph (c) of subsection (2) of section
983	679.516, Florida Statutes, is amended to read:
984	679.516  What constitutes filing; effectiveness of
985	filing.--
986	(2)  Filing does not occur with respect to a record that a
987	filing office refuses to accept because:
988	(c)  The filing office is unable to index the record
989	because:
990	1.  In the case of an initial financing statement, the
991	record does not provide an organization's name or, if an
992	individual, the individual's last name and first name;
993	2.  In the case of an amendment or correction statement,
994	the record:
995	a.  Does not correctly identify the initial financing
996	statement as required by s. 679.512 or s. 679.518, as
997	applicable; or
998	b.  Identifies an initial financing statement the
999	effectiveness of which has lapsed under s. 679.515;
1000	3.  In the case of an initial financing statement that
1001	provides the name of a debtor identified as an individual or an
1002	amendment that provides a name of a debtor identified as an
1003	individual which was not previously provided in the financing
1004	statement to which the record relates, the record does not
1005	identify the debtor's last name and first name; or
1006	4.  In the case of a record filed or recorded in the filing
1007	office described in s. 679.5011(2)(1)(a), the record does not
1008	provide a sufficient description of the real property to which
1009	it relates;
1010	Section 34.  Subsection (9) of section 679.519, Florida
1011	Statutes, is amended to read:
1012	679.519  Numbering, maintaining, and indexing records;
1013	communicating information provided in records.--
1014	(9)  Subsections (1), (2), and (8) do not apply to a filing
1015	office described in s. 679.5011(2)(1)(a).
1016	Section 35.  Subsection (2) of section 679.520, Florida
1017	Statutes, is amended to read:
1018	679.520  Acceptance and refusal to accept record.--
1019	(2)  If a filing office refuses to accept a record for
1020	filing, it shall communicate to the person that presented the
1021	record the fact of and reason for the refusal and the date and
1022	time the record would have been filed had the filing office
1023	accepted it. The communication must be made at the time and in
1024	the manner prescribed by any filing-office rule but, in the case
1025	of a filing office described in s. 679.5011(2)(1)(b), in no
1026	event more than 3 business days after the filing office receives
1027	the record, if practical.
1028	Section 36.  Subsections (2), (3), and (4) of section
1029	679.523, Florida Statutes, are amended to read:
1030	679.523  Information from filing office; sale or license of
1031	records.--
1032	(2)  If a person files a record other than a written
1033	record, the filing office described in s. 679.5011(2)(1)(b)
1034	shall communicate to the person an image that provides:
1035	(a)  The information in the record;
1036	(b)  The number assigned to the record pursuant to s.
1037	679.519(1)(a); and
1038	(c)  The date and time of the filing of the record.
1039	(3)  In complying with its duty under this chapter, the
1040	filing office described in s. 679.5011(2)(1)(b) may communicate
1041	information in any medium. However, if requested, the filing
1042	office shall communicate information by issuing its written
1043	certificate or a record that can be admitted into evidence in
1044	the courts of the state without extrinsic evidence of its
1045	authenticity.
1046	(4)  The filing office described in s. 679.5011(2)(1)(b)
1047	shall perform the acts required by subsections (1) and (2) at
1048	the time and in the manner prescribed by any filing-office rule,
1049	but not later than 3 business days after the filing office
1050	receives the request, if practical.
1051	Section 37.  Paragraphs (h), (j), (l), and (m) of
1052	subsection (3) of section 680.1031, Florida Statutes, are
1053	amended to read:
1054	680.1031  Definitions and index of definitions.--
1055	(3)  The following definitions in other chapters of this
1056	code apply to this chapter:
1057	(h)  "General intangible," s. 679.1021(1)(oo)(pp).
1058	(j)  "Instrument," s. 679.1021(1)(tt)(uu).
1059	(l)  "Mortgage," s. 679.1021(1)(bbb)(ccc).
1060	(m)  "Pursuant to a commitment," s. 679.1021(1)(nnn)(ooo).
1061	Section 38.  Subsection (2) of section 680.518, Florida
1062	Statutes, is amended to read:
1063	680.518  Cover; substitute goods.--
1064	(2)  Except as otherwise provided with respect to damages
1065	liquidated in the lease agreement (s. 680.504) or otherwise
1066	determined pursuant to agreement of the parties (ss.
1067	671.102(2)(3) and 680.503), if a lessee's cover is by lease
1068	agreement substantially similar to the original lease agreement
1069	and the new lease agreement is made in good faith and in a
1070	commercially reasonable manner, the lessee may recover from the
1071	lessor as damages:
1072	(a)  The present value, as of the date of the commencement
1073	of the term of the new lease agreement, of the rent under the
1074	new lease agreement and applicable to that period of the new
1075	lease term which is comparable to the then remaining term of the
1076	original lease agreement minus the present value as of the same
1077	date of the total rent for the then remaining lease term of the
1078	original lease agreement; and
1079	(b)  Any incidental or consequential damages, less expenses
1080	saved in consequence of the lessor's default.
1081	Section 39.  Subsection (1) of section 680.519, Florida
1082	Statutes, is amended to read:
1083	680.519  Lessee's damages for nondelivery, repudiation,
1084	default, or breach of warranty in regard to accepted goods.--
1085	(1)  Except as otherwise provided with respect to damages
1086	liquidated in the lease agreement (s. 680.504) or otherwise
1087	determined pursuant to agreement of the parties (ss.
1088	671.102(2)(3) and 680.503), if a lessee elects not to cover or a
1089	lessee elects to cover and the cover is by lease agreement,
1090	whether or not the lease agreement qualifies for treatment under
1091	s. 680.518(2), or is by purchase or otherwise, the measure of
1092	damages for nondelivery or repudiation by the lessor or for
1093	rejection or revocation of acceptance by the lessee is the
1094	present value, as of the date of the default, of the then market
1095	rent minus the present value as of the same date of the original
1096	rent, computed for the remaining lease term of the original
1097	lease agreement, together with incidental and consequential
1098	damages, less expenses saved in consequence of the lessor's
1099	default.
1100	Section 40.  Subsection (2) of section 680.527, Florida
1101	Statutes, is amended to read:
1102	680.527  Lessor's rights to dispose of goods.--
1103	(2)  Except as otherwise provided with respect to damages
1104	liquidated in the lease agreement (s. 680.504) or otherwise
1105	determined pursuant to agreement of the parties (ss.
1106	671.102(2)(3) and 680.503), if the disposition is by lease
1107	agreement substantially similar to the original lease agreement
1108	and the new lease agreement is made in good faith and in a
1109	commercially reasonable manner, the lessor may recover from the
1110	lessee as damages:
1111	(a)  Accrued and unpaid rent as of the date of the
1112	commencement of the term of the new lease agreement;
1113	(b)  The present value, as of the same date, of the
1114	commencement of the term of the new lease agreement of the total
1115	rent for the then remaining lease term of the original lease
1116	agreement minus the present value, as of the same date, of the
1117	rent under the new lease agreement applicable to that period of
1118	the new lease term which is comparable to the then remaining
1119	term of the original lease agreement; and
1120	(c)  Any incidental damages allowed under s. 680.53, less
1121	expenses saved in consequence of the lessee's default.
1122	Section 41.  Subsection (1) of section 680.528, Florida
1123	Statutes, is amended to read:
1124	680.528  Lessor's damages for nonacceptance or
1125	repudiation.--
1126	(1)  Except as otherwise provided with respect to damages
1127	liquidated in the lease agreement (s. 680.504) or otherwise
1128	determined pursuant to agreement of the parties (ss.
1129	671.102(2)(3) and 580.503), if a lessor elects to retain the
1130	goods or a lessor elects to dispose of the goods and the
1131	disposition is by lease agreement that for any reason does not
1132	qualify for treatment under s. 680.527(2), or is by sale or
1133	otherwise, the lessor may recover from the lessee as damages a
1134	default of the type described in s. 680.523(1) or (3)(a), or if
1135	agreed, for other default of the lessee:
1136	(a)  Accrued and unpaid rent as of the date of default if
1137	the lessee has never taken possession of the goods, or, if the
1138	lessee has taken possession of the goods, as of the date the
1139	lessor repossesses the goods or an earlier date on which the
1140	lessee makes a tender of the goods to the lessor.
1141	(b)  The present value as of the date determined under
1142	paragraph (a) of the total rent for the then remaining lease
1143	term of the original lease agreement minus the present value as
1144	of the same date of the market rent at the place where the goods
1145	were located on that date computed for the same lease term.
1146	(c)  Any incidental damages allowed under s. 680.53, less
1147	expenses saved in consequence of the lessee's default.
1148	Section 42.  Subsection (6) of section 713.901, Florida
1149	Statutes, is amended to read:
1150	713.901  Florida Uniform Federal Lien Registration Act.--
1151	(6)  FEES.--The charges or fees of the Secretary of State,
1152	with respect to a notice or certificate filed under this
1153	section, or for searching records with respect thereto, are:
1154	(a)  For filing any financing statement, $25 for the first
1155	page, which fee shall include the cost of filing a termination
1156	statement for the financing statement.
1157	(b)  For filing a continuation, release, amendment,
1158	assignment, or any other writing permitted by chapter 679, $12
1159	for the first page.
1160	(c)  For indexing by multiple debtors or secured parties,
1161	$3 for each additional debtor or secured party.
1162	(d)  For each additional facing page attached to a
1163	financing statement, continuation, release, amendment,
1164	assignment, or any other writing, $3.
1165	(e)  For certifying any record, $10 for the first 10 file
1166	numbers certified and $10 for each subsequent group of 10 file
1167	numbers.
1168	(f)  For use, pursuant to s. 679.525(1)(d), of a
1169	nonapproved form, $3 shall be the same as prescribed in s.
1170	15.091.
1171
1172	The charges or fees of the clerks of the circuit court with
1173	respect to a notice or certificate filed under this section
1174	shall be the same as prescribed in s. 28.24, relating to
1175	instruments recorded in the official records.
1176	Section 43.  This act shall take effect January 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.