eLaws of Florida

  SECTION 679.1081. Sufficiency of description.  


Latest version.
  • 1(1) 2Except as otherwise provided herein and in subsections (3), (4), and (5), a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. A description of real estate in a record filed to perfect a security interest in crops growing or to be grown or goods which are or are to become fixtures shall be sufficient only if the filing or recording of the same constitutes constructive notice under the laws of this state, other than this chapter, which are applicable to the filing or recording of a record of a mortgage, and a mailing or street address alone shall not be sufficient.
    116(2) 117Except as otherwise provided in subsection (4), a description of collateral reasonably identifies the collateral if it identifies the collateral by:
    138(a) 139Specific listing;
    141(b) 142Category;
    143(c) 144Except as otherwise provided in subsection (5), a type of collateral defined in the Uniform Commercial Code;
    161(d) 162Quantity;
    163(e) 164Computational or allocational formula or procedure; or
    171(f) 172Except as otherwise provided in subsection (3), any other method, if the identity of the collateral is objectively determinable.
    191(3) 192A description of collateral as “all the debtor’s assets” or “all the debtor’s personal property” or using words of similar import does not reasonably identify the collateral for purposes of the security agreement.
    225(4) 226Except as otherwise provided in subsection (5), a description of a security entitlement, securities account, or commodity account is sufficient if it describes:
    249(a) 250The collateral by those terms or as investment property; or
    260(b) 261The underlying financial asset or commodity contract.
    268(5) 269A description only by type of collateral defined in this chapter is an insufficient description of:
    285(a) 286A commercial tort claim;
    290(b) 291In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account; or
    308(c) 309An account consisting of a right to payment of a monetary obligation for the sale of real property that is the debtor’s homestead under the laws of this state.
History.-s. 1, ch. 2001-198; s. 2, ch. 2002-242.