Florida Senate - 2012                                    SB 1090
       
       
       
       By Senator Richter
       
       
       
       
       37-00774A-12                                          20121090__
    1                        A bill to be entitled                      
    2         An act relating to the Uniform Commercial Code;
    3         revising and providing provisions of the Uniform
    4         Commercial Code relating to secured transactions to
    5         conform to the revised Article 9 of the Uniform
    6         Commercial Code as prepared by the National Conference
    7         of Commissioners on Uniform State Laws; amending s.
    8         679.1021, F.S.; revising and providing definitions;
    9         amending s. 679.1051, F.S.; revising provisions
   10         relating to control of electronic chattel paper;
   11         amending s. 679.3071, F.S.; revising provisions
   12         relating to the location of debtors; amending s.
   13         679.3111, F.S.; making editorial changes; amending s.
   14         679.3161, F.S.; providing rules that apply to certain
   15         collateral to which a security interest attaches;
   16         providing rules relating to certain financing
   17         statements; amending s. 679.3171, F.S.; revising
   18         provisions relating to interests that take priority
   19         over or take free of a security interest or
   20         agricultural lien; amending s. 679.326, F.S.; revising
   21         priority of security interests created by a new
   22         debtor; amending ss. 679.4061 and 679.4081, F.S.;
   23         revising application; amending s. 679.5021, F.S.;
   24         revising when a record of a mortgage satisfying the
   25         requirements of ch. 697, F.S., is effective as a
   26         filing statement; amending s. 679.5031, F.S.; revising
   27         when a financing statement sufficiently provides the
   28         name of the debtor; amending s. 679.5071, F.S.;
   29         revising the effect of certain events on the
   30         effectiveness of a financing statement; amending s.
   31         679.515, F.S.; revising the duration and effectiveness
   32         of a financing statement; amending s. 679.516, F.S.;
   33         revising instances when filing does not occur with
   34         respect to a record that a filing office refuses to
   35         accept; amending s. 679.518, F.S.; revising
   36         requirements for claims concerning an inaccurate or
   37         wrongfully filed record; amending s. 679.607, F.S.;
   38         revising recording requirements for the enforcement of
   39         mortgages nonjudicially outside this state; creating
   40         part VIII of ch. 679, F.S., relating to transition
   41         from prior law under the chapter to law under the
   42         chapter as amended by the act; creating s. 679.801,
   43         F.S.; providing scope of application and limitations;
   44         creating s. 679.802, F.S.; providing that security
   45         interests perfected under prior law that also satisfy
   46         the requirements for perfection under the act remain
   47         effective; creating s. 679.803, F.S.; providing that
   48         security interests unperfected under prior law but
   49         that satisfy the requirements for perfection under
   50         this act will become effective July 1, 2013; creating
   51         s. 679.804, F.S.; providing when financing statements
   52         effective under prior law in a different jurisdiction
   53         remain effective; creating s. 679.805, F.S.; requiring
   54         the recording of a financing statement in lieu of a
   55         continuation statement under certain conditions;
   56         providing for the continuation of the effectiveness of
   57         a financing statement filed before the effective date
   58         of the act under certain conditions; creating s.
   59         679.806, F.S.; providing requirements for the
   60         amendment of financing statements filed before the
   61         effective date of the act; providing requirements for
   62         financing statements prior to amendment; creating s.
   63         679.807, F.S.; providing person entitled to file
   64         initial financing statement or continuation statement;
   65         creating s. 679.808, F.S.; providing priority of
   66         conflicting claims to collateral; amending s.
   67         680.1031, F.S.; conforming a cross-reference;
   68         providing a directive to the Division of Statutory
   69         Revision; providing an effective date.
   70  
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Paragraphs (ooo) through (aaaa) of subsection
   74  (1) of section 679.1021, Florida Statutes, are redesignated as
   75  paragraphs (ppp) through (bbbb), respectively, a new paragraph
   76  (ooo) is added to that subsection, and present paragraphs (g),
   77  (j), (xx), and (qqq) of subsection (1) of that section are
   78  amended to read:
   79         679.1021 Definitions and index of definitions.—
   80         (1) In this chapter, the term:
   81         (g) “Authenticate” means:
   82         1. To sign; or
   83         2. To execute or otherwise adopt a symbol, or encrypt or
   84  similarly process a record in whole or in part, With the present
   85  intent of the authenticating person to identify the person and
   86  adopt or accept a record, to attach to or logically associate
   87  with the record an electronic sound, symbol, or process.
   88         (j) “Certificate of title” means a certificate of title
   89  with respect to which a statute provides for the security
   90  interest in question to be indicated on the certificate as a
   91  condition or result of the security interest’s obtaining
   92  priority over the rights of a lien creditor with respect to the
   93  collateral. The term includes another record maintained as an
   94  alternative to a certificate of title by the governmental unit
   95  that issues certificates of title if a statute permits the
   96  security interest in question to be indicated on the record as a
   97  condition or result of the security interest’s obtaining
   98  priority over the rights of a lien creditor with respect to the
   99  collateral.
  100         (xx) “Jurisdiction of organization,” with respect to a
  101  registered organization, means the jurisdiction under whose law
  102  the organization is formed or organized.
  103         (ooo) “Public organic record” means a record that is
  104  available to the public for inspection and that is:
  105         1. A record consisting of the record initially filed with
  106  or issued by a state or the United States to form or organize an
  107  organization and any record filed with or issued by the state or
  108  the United States that amends or restates the initial record;
  109         2. An organic record of a business trust consisting of the
  110  record initially filed with a state and any record filed with
  111  the state that amends or restates the initial record, if a
  112  statute of the state governing business trusts requires that the
  113  record be filed with the state; or
  114         3. A record consisting of legislation enacted by the
  115  Legislature of a state or the Congress of the United States that
  116  forms or organizes an organization, any record amending the
  117  legislation, and any record filed with or issued by the state or
  118  the United States that amends or restates the name of the
  119  organization.
  120         (rrr)(qqq) “Registered organization” means an organization
  121  formed or organized solely under the law of a single state or
  122  the United States by the filing of a public organic record with,
  123  the issuance of a public organic record by, or the enactment of
  124  legislation by and as to which the state or the United States
  125  must maintain a public record showing the organization to have
  126  been organized. The term includes a business trust that is
  127  formed or organized under the law of a single state if a statute
  128  of the state governing business trusts requires that the
  129  business trust’s organic record be filed with the state.
  130         Section 2. Section 679.1051, Florida Statutes, is amended
  131  to read:
  132         679.1051 Control of electronic chattel paper.—
  133         (1) A secured party has control of electronic chattel paper
  134  if a system employed for evidencing the transfer of interests in
  135  the chattel paper reliably establishes the secured party as the
  136  person to which the chattel paper was assigned.
  137         (2) A system satisfies subsection (1), and a secured party
  138  has control of electronic chattel paper, if the record or
  139  records comprising the chattel paper are created, stored, and
  140  assigned in such a manner that:
  141         (a)(1) A single authoritative copy of the record or records
  142  exists which is unique, identifiable and, except as otherwise
  143  provided in paragraphs (d), (e), and (f) subsections (4), (5),
  144  and (6), unalterable;
  145         (b)(2) The authoritative copy identifies the secured party
  146  as the assignee of the record or records;
  147         (c)(3) The authoritative copy is communicated to and
  148  maintained by the secured party or its designated custodian;
  149         (d)(4) Copies or amendments revisions that add or change an
  150  identified assignee of the authoritative copy can be made only
  151  with the consent participation of the secured party;
  152         (e)(5) Each copy of the authoritative copy and any copy of
  153  a copy is readily identifiable as a copy that is not the
  154  authoritative copy; and
  155         (f)(6) Any amendment revision of the authoritative copy is
  156  readily identifiable as an authorized or unauthorized revision.
  157         Section 3. Subsection (6) of section 679.3071, Florida
  158  Statutes, is amended to read:
  159         679.3071 Location of debtor.—
  160         (6) Except as otherwise provided in subsection (9), a
  161  registered organization that is organized under the law of the
  162  United States and a branch or agency of a bank that is not
  163  organized under the law of the United States or a state are
  164  located:
  165         (a) In the state that the law of the United States
  166  designates, if the law designates a state of location;
  167         (b) In the state that the registered organization, branch,
  168  or agency designates, if the law of the United States authorizes
  169  the registered organization, branch, or agency to designate its
  170  state of location, including by designating its main office,
  171  home office, or other comparable office; or
  172         (c) In the District of Columbia, if neither paragraph (a)
  173  nor paragraph (b) applies.
  174         Section 4. Paragraph (c) of subsection (1) of section
  175  679.3111, Florida Statutes, is amended to read:
  176         679.3111 Perfection of security interests in property
  177  subject to certain statutes, regulations, and treaties.—
  178         (1) Except as otherwise provided in subsection (4), the
  179  filing of a financing statement is not necessary or effective to
  180  perfect a security interest in property subject to:
  181         (c) A certificate-of-title statute of another jurisdiction
  182  which provides for a security interest to be indicated on a the
  183  certificate of title as a condition or result of the security
  184  interest’s obtaining priority over the rights of a lien creditor
  185  with respect to the property.
  186         Section 5. Subsections (8) and (9) are added to section
  187  679.3161, Florida Statutes, to read:
  188         679.3161 Effect Continued perfection of security interest
  189  following change in governing law.—
  190         (8) The following rules apply to collateral to which a
  191  security interest attaches within 4 months after the debtor
  192  changes its location to another jurisdiction:
  193         (a) A financing statement filed before the change of the
  194  debtor’s location pursuant to the law of the jurisdiction
  195  designated in s. 679.3011(1) or s. 679.3051(3) is effective to
  196  perfect a security interest in the collateral if the financing
  197  statement would have been effective to perfect a security
  198  interest in the collateral if the debtor had not changed its
  199  location.
  200         (b) If a security interest that is perfected by a financing
  201  statement that is effective under paragraph (a) becomes
  202  perfected under the law of the other jurisdiction before the
  203  earlier of the time the financing statement would have become
  204  ineffective under the law of the jurisdiction designated in s.
  205  679.3011(1) or s. 679.3051(3) or the expiration of the 4-month
  206  period, it remains perfected thereafter. If the security
  207  interest does not become perfected under the law of the other
  208  jurisdiction before the earlier time or event, it becomes
  209  unperfected and is deemed never to have been perfected as
  210  against a purchaser of the collateral for value.
  211         (9) If a financing statement naming an original debtor is
  212  filed pursuant to the law of the jurisdiction designated in s.
  213  679.3011(1) or s. 679.3051(3) and the new debtor is located in
  214  another jurisdiction, the following rules apply:
  215         (a) The financing statement is effective to perfect a
  216  security interest in collateral in which the new debtor has or
  217  acquires rights before or within 4 months after the new debtor
  218  becomes bound under s. 679.2031(4), if the financing statement
  219  would have been effective to perfect a security interest in the
  220  collateral if the collateral had been acquired by the original
  221  debtor.
  222         (b) A security interest that is perfected by the financing
  223  statement and that becomes perfected under the law of the other
  224  jurisdiction before the earlier of the expiration of the 4-month
  225  period or the time the financing statement would have become
  226  ineffective under the law of the jurisdiction designated in s.
  227  679.3011(1) or s. 679.3051(3) remains perfected thereafter. A
  228  security interest that is perfected by the financing statement
  229  but that does not become perfected under the law of the other
  230  jurisdiction before the earlier time or event becomes
  231  unperfected and is deemed never to have been perfected as
  232  against a purchaser of the collateral for value.
  233         Section 6. Subsections (2) and (4) of section 679.3171,
  234  Florida Statutes, are amended to read:
  235         679.3171 Interests that take priority over or take free of
  236  security interest or agricultural lien.—
  237         (2) Except as otherwise provided in subsection (5), a
  238  buyer, other than a secured party, of tangible chattel paper,
  239  tangible documents, goods, instruments, or a certificated
  240  security certificate takes free of a security interest or
  241  agricultural lien if the buyer gives value and receives delivery
  242  of the collateral without knowledge of the security interest or
  243  agricultural lien and before it is perfected.
  244         (4) A licensee of a general intangible or a buyer, other
  245  than a secured party, of collateral accounts, electronic chattel
  246  paper, electronic documents, general intangibles, or investment
  247  property other than tangible chattel paper, tangible documents,
  248  goods, instruments, or a certificated security takes free of a
  249  security interest if the licensee or buyer gives value without
  250  knowledge of the security interest and before it is perfected.
  251         Section 7. Section 679.326, Florida Statutes, is amended to
  252  read:
  253         679.326 Priority of security interests created by new
  254  debtor.—
  255         (1) Subject to subsection (2), a security interest that is
  256  created by a new debtor in collateral in which the new debtor
  257  has or acquires rights and which is perfected by a filed
  258  financing statement that would be ineffective to perfect the
  259  security interest but for the application of s. 679.508 or ss.
  260  679.508 and 679.3161(9)(a) is effective solely under s. 679.508
  261  in collateral in which a new debtor has or acquires rights is
  262  subordinate to a security interest in the same collateral which
  263  is perfected other than by such a filed financing statement that
  264  is effective solely under s. 679.508.
  265         (2) The other provisions of this part determine the
  266  priority among conflicting security interests in the same
  267  collateral perfected by filed financing statements described in
  268  subsection (1) that are effective solely under s. 679.508.
  269  However, if the security agreements to which a new debtor became
  270  bound as debtor were not entered into by the same original
  271  debtor, the conflicting security interests rank according to
  272  priority in time of the new debtor’s having become bound.
  273         Section 8. Subsection (5) of section 679.4061, Florida
  274  Statutes, is amended to read:
  275         679.4061 Discharge of account debtor; notification of
  276  assignment; identification and proof of assignment; restrictions
  277  on assignment of accounts, chattel paper, payment intangibles,
  278  and promissory notes ineffective.—
  279         (5) Subsection (4) does not apply to the sale of a payment
  280  intangible or promissory note, other than a sale pursuant to a
  281  disposition under s. 679.610 or an acceptance of collateral
  282  under s. 679.620.
  283         Section 9. Subsection (2) of section 679.4081, Florida
  284  Statutes, is amended to read:
  285         679.4081 Restrictions on assignment of promissory notes,
  286  health-care-insurance receivables, and certain general
  287  intangibles ineffective.—
  288         (2) Subsection (1) applies to a security interest in a
  289  payment intangible or promissory note only if the security
  290  interest arises out of a sale of the payment intangible or
  291  promissory note, other than a sale pursuant to a disposition
  292  under s. 679.610 or an acceptance of collateral under s.
  293  679.620.
  294         Section 10. Subsection (3) of section 679.5021, Florida
  295  Statutes, is amended to read:
  296         679.5021 Contents of financing statement; record of
  297  mortgage as financing statement; time of filing financing
  298  statement.—
  299         (3) A record of a mortgage satisfying the requirements of
  300  chapter 697 is effective, from the date of recording, as a
  301  financing statement filed as a fixture filing or as a financing
  302  statement covering as-extracted collateral or timber to be cut
  303  only if:
  304         (a) The record of a mortgage indicates the goods or
  305  accounts that it covers;
  306         (b) The goods are or are to become fixtures related to the
  307  real property described in the record of a mortgage or the
  308  collateral is related to the real property described in the
  309  mortgage and is as-extracted collateral or timber to be cut;
  310         (c) The record of a mortgage satisfies complies with the
  311  requirements for a financing statement in this section,
  312  although:
  313         1. The record of a mortgage need not indicate other than an
  314  indication that it is to be filed in the real property records;
  315  and
  316         2. The record of a mortgage sufficiently provides the name
  317  of a debtor who is an individual if it provides the individual
  318  name of the debtor or the surname and first personal name of the
  319  debtor, even if the debtor is an individual to whom s.
  320  679.5031(1)(d) or (e) applies; and
  321         (d) The record of a mortgage is recorded as required by
  322  chapter 697.
  323         Section 11. Subsections (1) and (2) of section 679.5031,
  324  Florida Statutes, are amended, and subsections (6), (7), and (8)
  325  are added to that section, to read:
  326         679.5031 Name of debtor and secured party.—
  327         (1) A financing statement sufficiently provides the name of
  328  the debtor:
  329         (a) Except as otherwise provided in paragraph (c), if the
  330  debtor is a registered organization or the collateral is held in
  331  a trust that is a registered organization, only if the financing
  332  statement provides the name that is stated to be the registered
  333  organization’s name of the debtor indicated on the public
  334  organic record most recently filed with or issued or enacted by
  335  of the registered organization’s debtor’s jurisdiction of
  336  organization that purports to state, amend, or restate the
  337  registered organization’s name which shows the debtor to have
  338  been organized;
  339         (b) Subject to subsection (6), if the collateral is being
  340  administered by the personal representative of a decedent debtor
  341  is a decedent’s estate, only if the financing statement
  342  provides, as the name of the debtor, the name of the decedent
  343  and, in a separate part of the financing statement, indicates
  344  that the collateral is being administered by a personal
  345  representative debtor is an estate;
  346         (c) If the collateral debtor is held in a trust that is not
  347  a registered organization or a trustee acting with respect to
  348  property held in trust, only if the financing statement:
  349         1. Provides, as the name of the debtor:
  350         a. If the organic record of the trust specifies a name, if
  351  any, specified for the trust, the in its organic documents or,
  352  if no name so is specified; or
  353         b. If the organic record of the trust does not specify a
  354  name for the trust, provides the name of the settlor or testator
  355  and additional information sufficient to distinguish a debtor
  356  from other trusts having one or more of the same settlors; and
  357         2. In a separate part of the financing statement:
  358         a. If the name is provided in accordance with sub
  359  subparagraph 1.a., indicates, in the debtor’s name or otherwise,
  360  that the collateral debtor is held in a trust or is a trustee
  361  acting with respect to property held in trust; or
  362         b. If the name is provided in accordance with sub
  363  subparagraph 1.b., provides additional information sufficient to
  364  distinguish the trust from other trusts having one or more of
  365  the same settlors or the same testator and indicates that the
  366  collateral is held in a trust, unless the additional information
  367  so indicates;
  368         (d) Subject to subsection (7), if the debtor is an
  369  individual to whom this state has issued a driver license that
  370  has not expired or to whom the agency of this state that issues
  371  driver licenses has issued, in lieu of a driver license, a
  372  personal identification card that has not expired, only if the
  373  financing statement provides the name of the individual that is
  374  indicated on the driver license or personal identification card;
  375         (e) If the debtor is an individual to whom paragraph (d)
  376  does not apply, only if the financing statement provides the
  377  individual name of the debtor or the surname and first personal
  378  name of the debtor; and
  379         (f)(d) In other cases:
  380         1. If the debtor has a name, only if it provides the
  381  individual or organizational name of the debtor; and
  382         2. If the debtor does not have a name, only if it provides
  383  the names of the partners, members, associates, or other persons
  384  comprising the debtor, in a manner that each name provided would
  385  be sufficient if the person named were the debtor.
  386         (2) A financing statement that provides the name of the
  387  debtor in accordance with subsection (1) is not rendered
  388  ineffective by the absence of:
  389         (a) A trade name or other name of the debtor; or
  390         (b) Unless required under subparagraph (1)(f)2. (1)(d)2.,
  391  names of partners, members, associates, or other persons
  392  comprising the debtor.
  393         (6) The name of the decedent indicated on the order
  394  appointing the personal representative of the decedent issued by
  395  the court having jurisdiction over the collateral is sufficient
  396  as the name of the decedent under paragraph (1)(b).
  397         (7) If this state has issued to an individual more than one
  398  driver license or, if none, more than one identification card,
  399  of a kind described in paragraph (1)(d), the driver license or
  400  identification card, as applicable, that was issued most
  401  recently is the one to which paragraph (1)(d) refers.
  402         (8) As used in this section, the term “name of the settlor
  403  or testator” means:
  404         (a) If the settlor is a registered organization, the name
  405  of the registered organization indicated on the public organic
  406  record filed with or issued or enacted by the registered
  407  organization’s jurisdiction of organization; or
  408         (b) In other cases, the name of the settlor or testator
  409  indicated in the trust’s organic record.
  410         Section 12. Subsection (3) of section 679.5071, Florida
  411  Statutes, is amended to read:
  412         679.5071 Effect of certain events on effectiveness of
  413  financing statement.—
  414         (3) If the a debtor so changes its name that a filed
  415  financing statement provides for a debtor becomes insufficient
  416  as the name of the debtor under s. 679.5031(1) so that the
  417  financing statement becomes seriously misleading under the
  418  standard set forth in s. 679.5061:
  419         (a) The financing statement is effective to perfect a
  420  security interest in collateral acquired by the debtor before,
  421  or within 4 months after, the filed financing statement becomes
  422  seriously misleading change; and
  423         (b) The financing statement is not effective to perfect a
  424  security interest in collateral acquired by the debtor more than
  425  4 months after the filed financing statement becomes seriously
  426  misleading change, unless an amendment to the financing
  427  statement which renders the financing statement not seriously
  428  misleading is filed within 4 months after that event the change.
  429         Section 13. Subsection (6) of section 679.515, Florida
  430  Statutes, is amended to read:
  431         679.515 Duration and effectiveness of financing statement;
  432  effect of lapsed financing statement.—
  433         (6) If a debtor is a transmitting utility and a filed
  434  initial financing statement so indicates, the financing
  435  statement is effective until a termination statement is filed.
  436         Section 14. Subsection (2) of section 679.516, Florida
  437  Statutes, is amended to read:
  438         679.516 What constitutes filing; effectiveness of filing.—
  439         (2) Filing does not occur with respect to a record that a
  440  filing office refuses to accept because:
  441         (a) The record is not communicated by a method or medium of
  442  communication authorized by the filing office;
  443         (b) An amount equal to or greater than the applicable
  444  processing fee is not tendered;
  445         (c) The filing office is unable to index the record
  446  because:
  447         1. In the case of an initial financing statement, the
  448  record does not provide an organization’s name or, if an
  449  individual, the individual’s last name and first name;
  450         2. In the case of an amendment or information correction
  451  statement, the record:
  452         a. Does not correctly identify the initial financing
  453  statement as required by s. 679.512 or s. 679.518, as
  454  applicable; or
  455         b. Identifies an initial financing statement the
  456  effectiveness of which has lapsed under s. 679.515;
  457         3. In the case of an initial financing statement that
  458  provides the name of a debtor identified as an individual or an
  459  amendment that provides a name of a debtor identified as an
  460  individual which was not previously provided in the financing
  461  statement to which the record relates, the record does not
  462  identify the debtor’s surname last name and first personal name;
  463  or
  464         4. In the case of a record filed or recorded in the filing
  465  office described in s. 679.5011(1)(a), the record does not
  466  provide a sufficient description of the real property to which
  467  it relates;
  468         (d) In the case of an initial financing statement or an
  469  amendment that adds a secured party of record, the record does
  470  not provide an organization’s name or, if an individual, the
  471  individual’s last name and first name and mailing address for
  472  the secured party of record;
  473         (e) In the case of an initial financing statement or an
  474  amendment that provides a name of a debtor which was not
  475  previously provided in the financing statement to which the
  476  amendment relates, the record does not:
  477         1. Provide a mailing address for the debtor; or
  478         2. Indicate whether the name provided as the name of the
  479  debtor is the name of an individual or an organization; or
  480         3. If the financing statement indicates that the debtor is
  481  an organization, provide:
  482         a. A type of organization for the debtor;
  483         b. A jurisdiction of organization for the debtor; or
  484         c. An organizational identification number for the debtor
  485  or indicate that the debtor has none;
  486         (f) In the case of an assignment reflected in an initial
  487  financing statement under s. 679.514(1) or an amendment filed
  488  under s. 679.514(2), the record does not provide an
  489  organization’s name or, if an individual, the individual’s last
  490  name and first name and mailing address for the assignee;
  491         (g) In the case of a continuation statement, the record is
  492  not filed within the 6-month period prescribed by s. 679.515(4);
  493         (h) In the case of an initial financing statement or an
  494  amendment, which amendment requires the inclusion of a
  495  collateral statement but the record does not provide any, the
  496  record does not provide a statement of collateral; or
  497         (i) The record does not include the notation required by s.
  498  201.22 indicating that the excise tax required by chapter 201
  499  had been paid or is not required.
  500         Section 15. Section 679.518, Florida Statutes, is amended
  501  to read:
  502         679.518 Claim concerning inaccurate or wrongfully filed
  503  record.—
  504         (1) A person may file in the filing office an information a
  505  correction statement with respect to a record indexed there
  506  under the person’s name if the person believes that the record
  507  is inaccurate or was wrongfully filed.
  508         (2) An information A correction statement under subsection
  509  (1) must:
  510         (a) Identify the record to which it relates by the file
  511  number assigned to the initial financing statement, the debtor,
  512  and the secured party of record to which the record relates;
  513         (b) Indicate that it is an information a correction
  514  statement; and
  515         (c) Provide the basis for the person’s belief that the
  516  record is inaccurate and indicate the manner in which the person
  517  believes the record should be amended to cure any inaccuracy or
  518  provide the basis for the person’s belief that the record was
  519  wrongfully filed.
  520         (3) A person may file in the filing office an information
  521  statement with respect to a record filed there if the person is
  522  a secured party of record with respect to the financing
  523  statement to which the record relates and believes that the
  524  person that filed the record was not entitled to do so under s.
  525  679.509(3).
  526         (4) An information statement under subsection (3) must:
  527         (a) Identify the record to which it relates by file number
  528  assigned to the initial financing statement to which the record
  529  relates;
  530         (b) Indicate that it is an information statement; and
  531         (c) Provide the basis for the person’s belief that the
  532  record is inaccurate and indicate the manner in which the person
  533  believes the record should be amended to cure any inaccuracy or
  534  provide the basis for the person’s belief that the record was
  535  wrongfully filed.
  536         (5)(3) The filing of an information a correction statement
  537  does not affect the effectiveness of an initial financing
  538  statement or other filed record.
  539         Section 16. Subsection (2) of section 679.607, Florida
  540  Statutes, is amended to read:
  541         679.607 Collection and enforcement by secured party.—
  542         (2) If necessary to enable a secured party to exercise
  543  under paragraph (1)(c) the right of a debtor to enforce a
  544  mortgage nonjudicially outside this state, the secured party may
  545  record in the office in which a record of the mortgage is
  546  recorded:
  547         (a) A copy of the security agreement that creates or
  548  provides for a security interest in the obligation secured by
  549  the mortgage; and
  550         (b) The secured party’s sworn affidavit in recordable form
  551  stating that:
  552         1. A default has occurred with respect to the obligation
  553  secured by the mortgage; and
  554         2. The secured party is entitled to enforce the mortgage
  555  nonjudicially outside this state.
  556         Section 17. Part VIII of chapter 679, Florida Statutes,
  557  consisting of sections 679.801, 679.802, 679.803, 679.804,
  558  679.805, 679.806, 679.807, and 679.808, Florida Statutes, is
  559  created to read:
  560         679.801 Saving clause.—
  561         (1) Except as otherwise provided in this part, this part
  562  applies to a transaction or lien within its scope, even if the
  563  transaction or lien was entered into or created before July 1,
  564  2013.
  565         (2) The amendments to this chapter by this act do not
  566  affect an action, case, or proceeding commenced before July 1,
  567  2013.
  568         679.802 Security interest perfected before effective date.—
  569         (1) A security interest that is a perfected security
  570  interest immediately before July 1, 2013, is a perfected
  571  security interest under this chapter, as amended by this act, on
  572  July 1, 2013, if the applicable requirements for attachment and
  573  perfection under this chapter, as amended by this act, are
  574  satisfied without further action.
  575         (2) Except as otherwise provided in s. 679.804, if a
  576  security interest is a perfected security interest immediately
  577  before July 1, 2013, but the applicable requirements for
  578  perfection under this chapter, as amended by this act, are not
  579  satisfied on July 1, 2013, the security interest remains
  580  perfected thereafter only if the applicable requirements for
  581  perfection under this chapter, as amended by this act, are
  582  satisfied no later than July 1, 2014.
  583         679.803 Security interest unperfected before effective
  584  date.—A security interest that is an unperfected security
  585  interest immediately before July 1, 2013, becomes a perfected
  586  security interest:
  587         (1) Without further action, on July 1, 2013, if the
  588  applicable requirements for perfection under this chapter, as
  589  amended by this act, are satisfied before or at that time; or
  590         (2) When the applicable requirements for perfection are
  591  satisfied if the requirements are satisfied after that time.
  592         679.804 Effectiveness of action taken before effective
  593  date.—
  594         (1) The filing of a financing statement before July 1,
  595  2013, is effective to perfect a security interest to the extent
  596  the filing would satisfy the applicable requirements for
  597  perfection under this chapter, as amended by this act.
  598         (2) The amendments to this chapter by this act do not
  599  render ineffective an effective financing statement that was
  600  filed before July 1, 2013, and satisfies the applicable
  601  requirements for perfection under the law of the jurisdiction
  602  governing perfection as provided in this chapter as it existed
  603  before July 1, 2013. However, except as otherwise provided in
  604  subsections (3) and (4) and s. 679.805, the financing statement
  605  ceases to be effective:
  606         (a) If the financing statement is filed in this state, at
  607  the time the financing statement would have ceased to be
  608  effective had this act not taken effect; or
  609         (b) If the financing statement is filed in another
  610  jurisdiction, at the earlier of:
  611         1. The time the financing statement would have ceased to be
  612  effective under the law of that jurisdiction; or
  613         2. By June 30, 2018.
  614         (3) The filing of a continuation statement on or after July
  615  1, 2013, does not continue the effectiveness of the financing
  616  statement filed before July 1, 2013. However, on the timely
  617  filing of a continuation statement on or after July 1, 2013, and
  618  in accordance with the law of the jurisdiction governing
  619  perfection as provided in this chapter, as amended by this act,
  620  the effectiveness of a financing statement filed in the same
  621  office in that jurisdiction before July 1, 2013, continues for
  622  the period provided by the law of that jurisdiction.
  623         (4) Subparagraph (2)(b)2., applies to a financing statement
  624  that was filed before July 1, 2013, against a transmitting
  625  utility and satisfies the applicable requirements for perfection
  626  under the law of the jurisdiction governing perfection as
  627  provided in this chapter as it existed before July 1, 2013, only
  628  to the extent that this chapter, as amended by this act,
  629  provides that the law of a jurisdiction other than the
  630  jurisdiction in which the financing statement is filed governs
  631  perfection of a security interest in collateral covered by the
  632  financing statement.
  633         (5) A financing statement that includes a financing
  634  statement filed before July 1, 2013, or a continuation statement
  635  filed on or after July 1, 2013, is effective only to the extent
  636  that it satisfies the requirements of part V, as amended by this
  637  act, for an initial financing statement. A financing statement
  638  that indicates that the debtor is a decedent’s estate indicates
  639  that the collateral is being administered by a personal
  640  representative within the meaning of s. 679.5031(1)(b), as
  641  amended by this act. A financing statement that indicates that
  642  the debtor is a trust or is a trustee acting with respect to
  643  property held in trust indicates that the collateral is held in
  644  a trust within the meaning of s. 679.5031(1)(c), as amended by
  645  this act.
  646         679.805 When initial financing statement suffices to
  647  continue effectiveness of financing statement.—
  648         (1) The filing of an initial financing statement in the
  649  office specified in s. 679.5011 continues the effectiveness of a
  650  financing statement filed before July 1, 2013, if:
  651         (a) The filing of an initial financing statement in that
  652  office would be effective to perfect a security interest under
  653  this chapter, as amended by this act;
  654         (b) The financing statement filed before July 1, 2013, was
  655  filed in an office in another state; and
  656         (c) The initial financing statement satisfies subsection
  657  (3).
  658         (2) The filing of an initial financing statement under
  659  subsection (1) continues the effectiveness of the financing
  660  statement filed before July 1, 2013, if:
  661         (a) The initial financing statement is filed before July 1,
  662  2013, for the period provided in s. 679.515, as it existed
  663  before its amendment by this act, with respect to an initial
  664  financing statement; and
  665         (b) The initial financing statement is filed on or after
  666  July 1, 2013, for the period provided in s. 679.515, as amended
  667  by this act, with respect to an initial financing statement.
  668         (3) To be effective for purposes of subsection (1), an
  669  initial financing statement must:
  670         (a) Satisfy the requirements of part IV, as amended by this
  671  act, for an initial financing statement;
  672         (b) Identify the financing statement filed before July 1,
  673  2013, by indicating the office in which the financing statement
  674  was filed and providing the dates of filing and file numbers, if
  675  any, of the financing statement and of the most recent
  676  continuation statement filed with respect to the financing
  677  statement; and
  678         (c) Indicate that the financing statement filed before July
  679  1, 2013, remains effective.
  680         679.806 Amendment of financing statement filed before July
  681  1, 2013.—
  682         (1) On or after July 1, 2013, a person may add or delete
  683  collateral covered by, continue or terminate the effectiveness
  684  of, or otherwise amend the information provided in, a financing
  685  statement only filed before July 1, 2013, in accordance with the
  686  law of the jurisdiction governing perfection as provided in this
  687  chapter, as amended by this act. However, the effectiveness of a
  688  financing statement filed before July 1, 2013, also may be
  689  terminated in accordance with the law of the jurisdiction in
  690  which the financing statement is filed.
  691         (2) Except as otherwise provided in subsection (3), if the
  692  law of this state governs perfection of a security interest, the
  693  information in a financing statement filed before July 1, 2013,
  694  may be amended after July 1, 2013, only if:
  695         (a) The financing statement filed before July 1, 2013, and
  696  an amendment are filed in the office specified in s. 679.5011;
  697         (b) An amendment is filed in the office specified in s.
  698  679.5011 concurrently with, or after the filing in that office
  699  of, an initial financing statement that satisfies s. 679.805(3);
  700  or
  701         (c) An initial financing statement that provides the
  702  information as amended and satisfies s. 679.805(3) is filed in
  703  the office specified in s. 679.5011.
  704         (3) If the law of this state governs perfection of a
  705  security interest, the effectiveness of a financing statement
  706  filed before July 1, 2013, may be continued only under s.
  707  679.804(3) and (5) or s. 679.805.
  708         (4) Whether or not the law of this state governs perfection
  709  of a security interest, the effectiveness of a financing
  710  statement filed in this state before July 1, 2013, may be
  711  terminated on or after July 1, 2013, by filing a termination
  712  statement in the office in which the financing statement filed
  713  before July 1, 2013, is filed, unless an initial financing
  714  statement that satisfies s. 679.805(3) has been filed in the
  715  office specified by the law of the jurisdiction governing
  716  perfection as provided in this chapter, as amended by this act,
  717  as the office in which to file a financing statement.
  718         679.807 Person entitled to file initial financing statement
  719  or continuation statement.—A person may file an initial
  720  financing statement or a continuation statement under this part
  721  if:
  722         (1) The secured party of record authorizes the filing; and
  723         (2) The filing is necessary under this part:
  724         (a) To continue the effectiveness of a financing statement
  725  filed before July 1, 2013; or
  726         (b) To perfect or continue the perfection of a security
  727  interest.
  728         679.808 Priority.—This part and the amendments to this
  729  chapter made by this act determine the priority of conflicting
  730  claims to collateral. However, if the relative priorities of the
  731  claims were established before July 1, 2013, this chapter as it
  732  existed before July 1, 2013, determines priority.
  733         Section 18. Paragraph (m) of subsection (3) of section
  734  680.1031, Florida Statutes, is amended to read:
  735         680.1031 Definitions and index of definitions.—
  736         (3) The following definitions in other chapters of this
  737  code apply to this chapter:
  738         (m) “Pursuant to a commitment,” s. 679.1021(1)(ppp)
  739  679.1021(1)(ooo).
  740         Section 19. The Division of Statutory Revision is directed
  741  to replace the phrase “this act” wherever it occurs in sections
  742  679.801, 679.802, 679.803, 679.804, 679.805, 679.806, 679.807,
  743  and 679.808, Florida Statutes, with the assigned chapter number
  744  of this act.
  745         Section 20. This act shall take effect July 1, 2013.