The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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F.S. 679.509

679.509 Persons entitled to file a record.—

(1) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:

(a) The debtor authorizes the filing in an authenticated record or pursuant to subsection (2) or subsection (3); or

(b) The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.

(2) By authenticating or becoming bound as a debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:

(a) The collateral described in the security agreement; and

(b) Property that becomes collateral under s. 679.3151(1)(b), whether or not the security agreement expressly covers proceeds.

(3) A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:

(a) The secured party of record authorizes the filing; or

(b) The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by s. 679.513(1) or (3), the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.

(4) If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (3).

(5) By acquiring collateral in which a security interest or agricultural lien continues under s. 679.3151(1), a debtor authorizes the filing of an initial financing, and an amendment, covering the collateral and property that become collateral under s. 679.3151(1)(b).

History.—s. 6, ch. 2001-198; s. 1, ch. 2003-134.

F.S. 679.509 on Google Scholar

F.S. 679.509 on Casetext

Amendments to 679.509

Arrestable Offenses / Crimes under Fla. Stat. 679.509

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.509.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In MOTORS LIQUIDATION COMPANY, f k a v. N. A., 486 B.R. 596 (Bankr. S.D.N.Y. 2013)

. . . . §§ 679.509 and 679.510, respectively. . 2010 U.S. Dist. . . .

UNITED STATES v. WILLIAMS,, 476 F. Supp. 2d 1368 (M.D. Fla. 2007)

. . . a person who, inter alia, “[f]iles a record that the person is not entitled to file under s[ection] 679.509 . . . Section 679.509(1) provides that a would-be creditor may file a financing statement only if the financing . . . authenticated record or by authenticating, or becoming bound as a debtor in, a valid security agreement. § 679.509 . . .