CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1837

    Amendment No. 06 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Banking offered the following:

12

13         Amendment (with title amendment) 

14         On page 33, line 21 through page 39, line 5

15  remove:  all of said lines

16

17  and insert:

18         Section 52.  Subsection (2) of section 679.5011,

19  Florida Statutes, is amended to read:

20         679.5011  Filing office.--

21         (2)  The office in which to file a financing statement

22  to perfect a security interest in collateral, including

23  fixtures, of a transmitting utility is the Office of the

24  Secretary of State, or the filing office authorized by s.

25  679.527 697.527 to accept filings for the Florida Secured

26  Transaction Registry.  The financing statement also

27  constitutes a fixture filing as to the collateral indicated in

28  the financing statement which is or is to become fixtures.

29         Section 53.  Section 679.526, Florida Statutes, is

30  repealed.

31         Section 54.  Section 679.527, Florida Statutes, is

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1837

    Amendment No. 06 (for drafter's use only)





  1  amended to read:

  2         679.527  Florida Secured Transaction Registry.--

  3         (1)  As used in this section, the term:

  4         (a)  The "Florida Secured Transaction Registry" or

  5  "registry" means the centralized database in which all initial

  6  financing statements, amendments, assignments, and other

  7  statements of change authorized to be filed under this chapter

  8  are filed, maintained, and retrieved. The term does not apply

  9  to documents that are filed under this chapter with the clerk

10  of a circuit court.

11         (b)  "Department" means the Department of State.

12         (c)  "Materials and records" includes, but is not

13  limited to databases, source or object codes, and any software

14  relating to the Florida Secured Transaction Registry or other

15  filing system for centralized filing under this chapter,

16  regardless of the original source of its creation or

17  maintenance.

18         (2)  Under chapter 287, the department has the

19  authority to determine and select the most qualified

20  respondents to the request for qualifications and to negotiate

21  and enter into one or more contracts as provided in this

22  section. The contract may not be assignable or otherwise

23  transferable without the express written consent of the

24  department.

25         (3)  The department shall perform the duties, as filing

26  officer and filing office under this chapter, for the Florida

27  Secured Transaction Registry until October 1, 2001, or until

28  the effective date of a contract executed by the department to

29  administer and operate the registry for the performance of

30  these duties, whichever occurs later.  At that time, the The

31  department shall cease serving as the designated filing

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1837

    Amendment No. 06 (for drafter's use only)





  1  officer and filing office for the registry under this chapter,

  2  and thereafter, except to the extent the department may

  3  reclaim those duties as provided below, the department shall

  4  not be responsible for the performance of the duties of the

  5  filing office or officer under this chapter, including

  6  determining whether documents tendered for filing under this

  7  chapter satisfy the requirements of law. The department shall

  8  retain authority under this chapter to approve the forms

  9  required to be filed under this chapter.  If authorized by the

10  contract with the department, the The entity performing the

11  duties of the filing office shall may certify a copy of a

12  financing statement, or an amendment thereto, which shall be

13  admissible in a state or federal court or in a proceeding

14  before any other tribunal.

15         (4)  Notwithstanding the terms and conditions of any

16  contract to perform the administrative and operational

17  functions of the filing office or filing officer under this

18  part for the Florida Secured Transaction Registry, the

19  department and the state shall retain sole and exclusive

20  ownership of the materials and records of the registry, shall

21  have the right to inspect and make copies of the materials and

22  records of the registry, and shall have the right to

23  immediately reclaim and take possession and control of the

24  original materials and records of the registry if any entity

25  under contract with the department to administer and operate

26  the registry does not, or cannot, perform the terms and

27  conditions of the contract for any reason or commences or

28  consents to an insolvency proceeding.  If the department

29  reclaims control of the materials and records of the registry,

30  the department shall provide for the uninterrupted fulfillment

31  of the duties of the filing office and filing officer under

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1837

    Amendment No. 06 (for drafter's use only)





  1  this chapter through by administration and operation by the

  2  department until a subsequent contract for such duties can be

  3  executed.  The department shall be entitled to injunctive

  4  relief if the entity fails to turn over the materials and

  5  records upon demand, and the Circuit Court for Leon County,

  6  Florida, shall have exclusive original jurisdiction to

  7  adjudicate any disputes pertaining to this section or any

  8  contract entered into under this section.

  9         (5)  The filing officer and filing office for the

10  Secured Transaction Registry shall operate in a manner that:

11  The Department of State shall immediately develop and issue a

12  Request for Qualifications seeking capable entities to perform

13  both the duties currently being performed by the department as

14  a filing officer and filing office under this chapter.

15         (a)  The qualifications shall, at a minimum, provide

16  for the organization and maintenance of the Florida Secured

17  Transaction Registry as the centralized Uniform Commercial

18  Code filing and retrieval system, which:

19         (a)1.  Is comparable and compatible with the

20  department's existing filing system.

21         (b)2.  Is open to the public and accessible through the

22  Internet, to permit the review of all existing filings of the

23  department and all future filings in the registry, in

24  compliance with chapter 119.

25         (c)3.  Provides for oversight and compliance audits by

26  the department.

27         (d)4.  Requires records maintenance in compliance with

28  this chapter and chapter 119.

29         (e)5.  Maintains the current level of filing fees and

30  procedures for the deposit of revenues with the department as

31  specified in chapter 15, net of operating costs, for a period

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1837

    Amendment No. 06 (for drafter's use only)





  1  of 5 years.

  2         (6)(b)  The Department of State shall develop

  3  performance standards to ensure that the Florida Secured

  4  Transaction Registry is accurate and complete and that the

  5  users thereof are being well-served.  Periodically, the

  6  department shall verify that these performance standards are

  7  being met or modified as may be needed from time to time.

  8         Section 55.  Paragraph (11) of subsection (1) of

  9  section 679.1021, Florida Statutes, is repealed.

10         Section 56.  This act shall take effect July 1, 2002.

11

12

13  ================ T I T L E   A M E N D M E N T ===============

14  And the title is amended as follows:

15         On page 3, line 8 after the word and semicolon "State;"

16

17  insert:

18         repealing s. 679.526, F.S., relating to filing

19         office rules;

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