Florida Senate - 2010                                    SB 1686
       
       
       
       By Senator Garcia
       
       
       
       
       40-01054-10                                           20101686__
    1                        A bill to be entitled                      
    2         An act relating to the Uniform Commercial Code;
    3         amending s. 668.50, F.S.; correcting cross-references;
    4         amending s. 671.304, F.S.; correcting a cross
    5         reference; providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Subsection (16) of section 668.50, Florida
   10  Statutes, is amended to read:
   11         668.50 Uniform Electronic Transaction Act.—
   12         (16) TRANSFERABLE RECORDS.—
   13         (a) For purposes of this paragraph, “transferable record”
   14  means an electronic record that:
   15         1. Would be a note under chapter 673, or a document under
   16  chapter 677, if the electronic record were in writing.
   17         2. The issuer of the electronic record expressly has agreed
   18  is a transferable record.
   19         (b) A person has control of a transferable record if a
   20  system employed for evidencing the transfer of interests in the
   21  transferable record reliably establishes that person as the
   22  person to which the transferable record was issued or
   23  transferred.
   24         (c) A system satisfies paragraph (b), and a person is
   25  deemed to have control of a transferable record, if the
   26  transferable record is created, stored, and assigned in such a
   27  manner that:
   28         1. A single authoritative copy of the transferable record
   29  exists which is unique, identifiable, and, except as otherwise
   30  provided in subparagraphs 4., 5., and 6., unalterable.
   31         2. The authoritative copy identifies the person asserting
   32  control as the person to which the transferable record was
   33  issued or, if the authoritative copy indicates that the
   34  transferable record has been transferred, the person to which
   35  the transferable record was most recently transferred.
   36         3. The authoritative copy is communicated to and maintained
   37  by the person asserting control or its designated custodian.
   38         4. Copies or revisions that add or change an identified
   39  assignee of the authoritative copy can be made only with the
   40  consent of the person asserting control.
   41         5. Each copy of the authoritative copy and any copy of a
   42  copy is readily identifiable as a copy that is not the
   43  authoritative copy.
   44         6. Any revision of the authoritative copy is readily
   45  identifiable as authorized or unauthorized.
   46         (d) Except as otherwise agreed, a person having control of
   47  a transferable record is the holder, as defined in s.
   48  671.201(21), of the transferable record and has the same rights
   49  and defenses as a holder of an equivalent record or writing
   50  under the Uniform Commercial Code, including, if the applicable
   51  statutory requirements under s. 673.3021, s. 677.501, or s.
   52  679.330 s. 673.3021, s. 677.501, or s. 679.308 are satisfied,
   53  the rights and defenses of a holder in due course, a holder to
   54  which a negotiable document of title has been duly negotiated,
   55  or a purchaser, respectively. Delivery, possession, and
   56  indorsement are not required to obtain or exercise any of the
   57  rights under this paragraph.
   58         (e) Except as otherwise agreed, an obligor under a
   59  transferable record has the same rights and defenses as an
   60  equivalent obligor under equivalent records or writings under
   61  the Uniform Commercial Code.
   62         (f) If requested by a person against which enforcement is
   63  sought, the person seeking to enforce the transferable record
   64  shall provide reasonable proof that the person is in control of
   65  the transferable record. Proof may include access to the
   66  authoritative copy of the transferable record and related
   67  business records sufficient to review the terms of the
   68  transferable record and to establish the identity of the person
   69  having control of the transferable record.
   70         Section 2. Subsection (5) of section 671.304, Florida
   71  Statutes, is amended to read:
   72         671.304 Laws not repealed; precedence where code provisions
   73  in conflict with other laws; certain statutory remedies
   74  retained.—
   75         (5) The effectiveness of any financing statement or
   76  continuation statement filed prior to January 1, 1980, or any
   77  continuation statement filed on or after October 1, 1984, which
   78  states that the debtor is a transmitting utility as provided in
   79  s. 679.515(6) s. 679.403(6) shall continue until a termination
   80  statement is filed, except that if this act requires a filing in
   81  an office where there was no previous financing statement, a new
   82  financing statement conforming to s. 680.109(4), Florida
   83  Statutes 1979, shall be filed in that office.
   84         Section 3. This act shall take effect July 1, 2010.