The Florida Senate

679.401  Place of filing; erroneous filing; removal of collateral.--

(1)  The proper place to file in order to perfect a security interest is as follows:

(a)  If the collateral is farm products, or accounts, or general intangibles arising from or relating to the sale of farm products by a farmer, by recording:

1.  In the office of the clerk of the circuit court in the county of the debtor's place of business if he or she has one, in the county of the debtor's chief executive office if he or she has more than one place of business, otherwise in the county of the debtor's residence; or

2.  If the debtor is not a resident of this state, in the office of the clerk of the circuit court in the county where the collateral is located; and

3.  In addition, if the collateral is crops, in the office of the clerk of the circuit court in the county where the land is located on which the crops are growing or to be grown.

(b)  When the collateral is timber to be cut or is minerals or the like (including oil and gas) or is accounts subject to s. 679.103(5) or is goods which are or are to become fixtures, then in the office where a mortgage on the real estate would be filed or recorded.

(c)  In all other cases, by filing in the office of the Department of State.

(2)  Except as provided in s. 679.313(2), a filing which is made in good faith in an improper place or in fewer than all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this chapter; and such filing is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement.

(3)  Except as provided in s. 679.313(2), a filing which is made in the proper place in this state continues effective even though the debtor's residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed.

(4)  The rules stated in s. 679.103 determine whether filing is necessary in this state.

(5)  Notwithstanding the preceding subsections, and subject to s. 679.302(3), the proper place to file in order to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the Department of State.

(6)  A financing statement or continuation statement filed on collateral described in paragraph (a) of subsection (1) which is perfected only by filing with the Department of State during the period January 1, 1980, until May 20, 1980, shall be effective as provided in s. 679.403; except that the financing statement or continuation statement may be continued upon expiration by filing a new financing statement conforming to ¹s. 680.109(4) in the office described in paragraph (a) of subsection (1).

History.--s. 1, ch. 65-254; s. 3, ch. 67-264; ss. 10, 35, ch. 69-106; s. 24, ch. 79-398; s. 1, ch. 80-29; s. 4, ch. 81-276; s. 1, ch. 89-224; s. 693, ch. 97-102.

¹Note.--Transferred to s. 671.309 by s. 6, ch. 90-278.

Note.--s. 9-401, U.C.C.; supersedes ss. 673.04, 85.30.