Florida Statutes 679.516 – What constitutes filing; effectiveness of filing
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(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;
Terms Used In Florida Statutes 679.516
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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 information 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 surname and first personal 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; or
2. Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;
(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
(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.