679.516 What constitutes filing; effectiveness of filing. - Florida Statutes

679.516 What constitutes filing; effectiveness of filing.

   (1) Except 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.

   (2) Filing does not occur with respect to a record that a filing office refuses to accept because:

   (a) The record is not communicated by a method or medium of communication authorized by the filing office;

   (b) An amount equal to or greater than the applicable processing fee is not tendered;

   (c) The filing office is unable to index the record because:

   1. In 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;

   2. In the case of an amendment or correction statement, the record:

   a. Does not correctly identify the initial financing statement as required by s. 679.512 or s. 679.518, as applicable; or

   b. Identifies an initial financing statement the effectiveness of which has lapsed under s. 679.515;

   3. In 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 last name and first name; or

   4. In the case of a record filed or recorded in the filing office described in s. 679.5011(1)(a), the record does not provide a sufficient description of the real property to which it relates;

   (d) In 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;

   (e) In 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:

   1. Provide a mailing address for the debtor;

   2. Indicate whether the debtor is an individual or an organization; or

   3. If the financing statement indicates that the debtor is an organization, provide:

   a. A type of organization for the debtor;

   b. A jurisdiction of organization for the debtor; or

   c. An organizational identification number for the debtor or indicate that the debtor has none;

   (f) In the case of an assignment reflected in an initial financing statement under s. 679.514(1) or an amendment filed under s. 679.514(2), 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 assignee;

   (g) In the case of a continuation statement, the record is not filed within the 6-month period prescribed by s. 679.515(4);

   (h) In 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

   (i) The record does not include the notation required by s. 201.22 indicating that the excise tax required by chapter 201 had been paid or is not required.

   (3) For purposes of subsection (2):

   (a) A record does not provide information if the filing office is unable to read or decipher the information; and

   (b) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by s. 679.512, s. 679.514, or s. 679.518, is an initial financing statement.

   (4) A 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.