Florida Statute 679.5021 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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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

(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;

(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;

1. The record of a mortgage need not indicate that it is to be filed in the real property records; and

2. The record of a mortgage sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom s. 679.5031(1)(d) or (e) applies; 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; s. 10, ch. 2012-59.

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Amendments to 679.5021

Annotations, Discussions, Cases:

Cases Citing Statute 679.5021

Total Results: 5 | Sort by: Relevance | Newest First

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In Re John's Bean Farm of Homestead, Inc., 378 B.R. 385 (Bankr. S.D. Fla. 2007).

Cited 9 times | Published | United States Bankruptcy Court, S.D. Florida. | 64 U.C.C. Rep. Serv. 2d (West) 454, 21 Fla. L. Weekly Fed. B 117, 2007 Bankr. LEXIS 3817, 49 Bankr. Ct. Dec. (CRR) 44

...See Fla. Stat. § 679.5011(1)(b). The financing statement *388 must provide three pieces of information to be considered sufficient for perfection: (1) the name of the debtor, (2) the name of the secured party, and (3) the collateral covered. Fla. Stat. § 679.5021(1)....

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1944 Beach Boulevard, LLC v. Live Oak Banking Co. (11th Cir. 2022).

Published | Court of Appeals for the Eleventh Circuit

...Stat. § 679.5011), and “[a] financing statement must provide three pieces of information to be considered sufficient for perfection: (1) the name of the debtor; (2) the name of the secured party; and (3) a description of the collateral covered by the financing statement,” id. (quoting Fla. Stat. § 679.5021(1)). USCA11 Case: 21-11742 Date Filed: 09/29/2022 Page: 6 of 12 6 Opinion of the Court 21-11742 Florida Statute § 679.5061 concerns the “[e]ffect of errors or omissions” in financing statements....

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Regions Bank v. Off. Comm. of Unsecured Creditors (Camtech Precision Mfg., Inc.), 471 B.R. 293 (S.D. Fla. 2012).

Published | District Court, S.D. Florida | 77 U.C.C. Rep. Serv. 2d (West) 200, 2012 WL 1105627, 2012 U.S. Dist. LEXIS 44579

...ancing statement is sufficient only if it: (1) provides the name of the debtor; *297 (2) provides the name of the secured party or a representative of the secured party; and (3) indicates the collateral covered by the financing statement. Fla. Stat. § 679.5021; N.Y.U.C.C....

...law. Accordingly, for purposes of reviewing the underlying order on summary judgment, the Court proceeds on the assumption that Appellant filed legally "sufficient" financing statement as defined by both Florida and New York law. [2] See Fla. Stat. § 679.5021; N.Y.U.C.C....

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Off. Comm. of Unsecured Creditors v. Regions Bank (In Re Camtech Precision Mfg., Inc.), 443 B.R. 190 (Bankr. S.D. Fla. 2011).

Published | United States Bankruptcy Court, S.D. Florida.

...For New York entities, such as Camtech, perfection of a security interest occurs when a financing statement is filed in the Office of the Secretary of State. NY UCC § 9-501(2). Financing Statements must contain: 1) the name of the debtor, 2) the name of the secured party, and 3) the collateral covered. Fla. Stat. § 679.5021(1); NY UCC § 9-502(a)....

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1944 Beach Boulevard, LLC v. Live Oak Banking Co. (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

...A financing statement must provide three pieces of in- formation to be considered sufficient for perfection: (1) the name of the debtor; (2) the name of the secured party; and (3) a descrip- tion of the collateral covered by the financing statement. Id. § 679.5021(1). A financing statement that substantially complies with the statutory requirements “is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing state- ment seriously misleading.” Id....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.