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2011 Florida Statutes

SECTION 5021
Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.
F.S. 679.5021
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.