eLaws of Florida

  SECTION 679.516. What constitutes filing; effectiveness of filing.  


Latest version.
  • 1(1) 2Except as otherwise provided in subsection (2), communication of a record to a filing office and tender of the processing fee or acceptance of the record by the filing office constitutes filing.
    34(2) 35Filing does not occur with respect to a record that a filing office refuses to accept because:
    52(a) 53The record is not communicated by a method or medium of communication authorized by the filing office;
    70(b) 71An amount equal to or greater than the applicable processing fee is not tendered;
    85(c) 86The filing office is unable to index the record because:
    961. 97In the case of an initial financing statement, the record does not provide an organization’s name or, if an individual, the individual’s last name and first name;
    1242. 125In the case of an amendment or information statement, the record:
    136a. 137Does not correctly identify the initial financing statement as required by s. 149679.512 150or s. 152679.518, 153as applicable; or
    156b. 157Identifies an initial financing statement the effectiveness of which has lapsed under s. 170679.515;
    1713. 172In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname and first personal name; or
    2324. 233In the case of a record filed or recorded in the filing office described in s. 249679.5011(1)(a), 250the record does not provide a sufficient description of the real property to which it relates;
    266(d) 267In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide an organization’s name or, if an individual, the individual’s last name and first name and mailing address for the secured party of record;
    313(e) 314In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:
    3501. 351Provide a mailing address for the debtor; or
    3592. 360Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;
    380(f) 381In the case of an assignment reflected in an initial financing statement under s. 395679.514(1) 396or an amendment filed under s. 402679.514(2), 403the record does not provide an organization’s name or, if an individual, the individual’s last name and first name and mailing address for the assignee;
    428(g) 429In the case of a continuation statement, the record is not filed within the 6-month period prescribed by s. 448679.515(4);
    449(h) 450In the case of an initial financing statement or an amendment, which amendment requires the inclusion of a collateral statement but the record does not provide any, the record does not provide a statement of collateral; or
    487(i) 488The record does not include the notation required by s. 498201.22 499indicating that the excise tax required by chapter 201 had been paid or is not required.
    515(3) 516For purposes of subsection (2):
    521(a) 522A record does not provide information if the filing office is unable to read or decipher the information; and
    541(b) 542A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by s. 567679.512, 568s. 569679.514, 570or s. 572679.518, 573is an initial financing statement.
    578(4) 579A record that is communicated to the filing office with tender of the filing fee, but that the filing office refuses to accept for a reason other than one set forth in subsection (2), is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
History.-s. 6, ch. 2001-198; s. 11, ch. 2002-242; s. 14, ch. 2012-59.

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