The Florida Senate

679.402  Formal requisites of financing statement; amendments.--

(1)  A financing statement is sufficient if it gives the names of the debtor and the secured party, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor, and contains a statement indicating the types, or describing the items, of collateral. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown or timber to be cut or minerals or the like (including oil and gas) or accounts subject to s. 679.103(5), or goods which are or are to become fixtures, the statement must also comply with subsection (5). A copy of the security agreement is sufficient if it contains the above information and is signed by the debtor. A carbon, photographic, or other reproduction of a security agreement or a financing statement is sufficient as a financing statement if the security agreement so provides, or if the original has been filed in this state.

(2)  A financing statement which otherwise complies with subsection (1) is sufficient when it is signed by the secured party alone, or together with the debtor, if it is filed to perfect a security interest in:

(a)  Collateral already subject to a security interest in another jurisdiction when it is brought into this state or when the debtor's location is changed to this state. Such a financing statement must state that the collateral was brought into this state under such circumstances; or

(b)  Proceeds under s. 679.306 if the security interest in the original collateral was perfected. Such a financing statement must describe the original collateral; or

(c)  Collateral as to which the filing has lapsed; or

(d)  Collateral acquired after a change of name, identity, or corporate structure of the debtor; or

(e)  Collateral acquired after a change of name, identity, or corporate structure of the secured party (but such a filing shall be optional with the secured party).

(3)  After January 1, 1980, a form substantially as follows is sufficient to comply with subsection (1):

Name of debtor (or assignor)

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Address

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Name of secured party (or assignee)

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Address

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(a)  This financing statement covers the following types (or items) of property:

(Describe)

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(b)  (If collateral is crops) The above-described crops are growing or are to be grown on:

(Describe real estate by legal description; a mailing or street address is not sufficient.) Record owner (or record lessee) of said real estate

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(c)  (If applicable) The above goods are or are to become fixtures on (or, when appropriate, substitute, "The above timber is standing on _____" or "The above minerals or the like (including oil and gas), or accounts will be financed at the wellhead or minehead of the well or mine located on _____"):

(Describe real estate by legal description; a mailing or street address is not sufficient.)

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and this financing statement is to be filed for record in the real estate records. If the debtor does not have an interest of record in the real estate, the name of a record owner is _____.

(d)  (If proceeds or products of collateral are claimed) Proceeds or products of the collateral are also covered.

Signature of debtor (or assignor)

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Signature of secured party (or assignee)

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(4)  A financing statement may be amended by filing a writing signed by both the debtor and the secured party. An amendment does not extend the period of effectiveness of a financing statement. If any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. In this chapter, unless the context otherwise requires, the term "financing statement" means the original financing statement and any amendments.

(5)  A financing statement covering timber to be cut or minerals or the like (including oil and gas) or accounts subject to s. 679.103(5), or goods which are or are to become fixtures where the debtor is not a transmitting utility, must show that it covers this type of collateral and must recite that it is to be filed for record in the real estate records, and the financing statement must contain a legal description of the real estate. If the debtor does not have an interest of record in the real estate, the financing statement must show the name of the record owner.

(6)  A financing statement sufficiently shows the name of the debtor if it gives the individual, partnership, or corporate name of the debtor, whether or not it adds other trade names or names of partners. Where the debtor so changes his or her name or in the case of an organization its name, identity, or corporate structure that a filed financing statement becomes seriously misleading, the filing is not effective to perfect a security interest in collateral acquired by the debtor more than 4 months after the change, unless a new appropriate financing statement is filed before the expiration of that time, in which case the new filing shall continue the priority of the original filing. A filed financing statement remains effective with respect to collateral transferred by the debtor even though the secured party knows of or consents to the transfer.

(7)  A financing statement substantially complying with the requirements of this section is effective even though it contains minor errors which are not seriously misleading.

(8)  The Department of State may promulgate approved and uniform forms of financing statements and other instruments to be filed with the Department of State pursuant to this chapter. Any person filing any instrument permitted or required to be filed under this chapter with the Department of State on a form other than the approved or uniform form of the Department of State shall pay an additional fee as prescribed in s. 15.091 for the use of such form.

History.--s. 1, ch. 65-254; s. 4, ch. 67-264; s. 1, ch. 67-335; ss. 10, 35, ch. 69-106; s. 20, ch. 71-114; s. 25, ch. 79-398; s. 472, ch. 81-259; s. 1, ch. 87-256; s. 73, ch. 90-132; s. 1, ch. 92-307; s. 694, ch. 97-102.

Note.--s. 9-402, U.C.C.