679.5021 Contents of financing statement; record of mortgage as financing statement; time of filing financing statement. - Florida Statutes

679.5021 Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.

   (1) Subject to subsection (2), a financing statement is sufficient only if it:

   (a) Provides the name of the debtor;

   (b) Provides the name of the secured party or a representative of the secured party; and

   (c) Indicates the collateral covered by the financing statement.

   (2) Except as otherwise provided in s. 679.5011(2), to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or that is filed as a fixture filing and covers goods that are or are to become fixtures, must comply with the requirements of subsection (1) and also:

   (a) Indicate that it covers this type of collateral;

   (b) Indicate that it is to be filed in the real property records;

   (c) Provide a description of the real property to which the collateral is related; and

   (d) If the debtor does not have an interest of record in the real property, provide the name of a record owner.

   (3) A record of a mortgage satisfying the requirements of chapter 697 is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:

   (a) The record of a mortgage indicates the goods or accounts that it covers;

   (b) The goods are or are to become fixtures related to the real property described in the record of a mortgage or the collateral is related to the real property described in the mortgage and is as-extracted collateral or timber to be cut;

   (c) The record of a mortgage complies with the requirements for a financing statement in this section other than an indication that it is to be filed in the real property records; and

   (d) The record of a mortgage is recorded as required by chapter 697.

   (4) A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.

History. s. 6, ch. 2001-198.