Uniform Commercial Code:
Removes provision requiring certain records to be filed with the Department of State; requires the governing body of the Seminole Tribe of Florida or the Miccosukee Tribe of Indians to file certain records with the central filing office; provides scope of ch. 671, F.S., relating to the Uniform Commercial Code, and a short title; authorizes certain timeframes to be fixed by agreement; provides for the discharge of a claim or right under certain circumstances; revises criteria determining when an action is taken within a reasonable time and seasonably; provides that course of performance and course of dealing may be used for certain purposes; revises uses for express terms of an agreement; specifies when course of performance, course of dealing, or usage of trade prevails; provides that course of performance is relevant to show a waiver or modification in certain circumstances; repeals a provision relating to statute of frauds for kinds of personal property not otherwise covered; specifies when notice, knowledge, or notification becomes effective with the exercise of due diligence; provides that whenever the code creates certain presumptions, the trier of fact must find the existence of the fact presumed unless and until evidence is introduced that supports a finding of its nonexistence; provides in what instances a person gives value for rights; provides that the code modifies, limits, and supersedes certain provisions of the federal Electronic Signatures in Global and National Commerce Act; authorizes the subordination of certain obligations; revises the effective date of the act; requires certain financing statements to be filed with the central filing office; authorizes the Florida Secured Transaction Registry to certify a copy of certain financing statements; provides for the admissibility of those statements; reduces the amount of certain processing fees; authorizes the registry to use the fees collected to fund its operations; revises the duties of the Department of State; provides requirements for a central filing office; provides that the central filing office shall be a private nongovernmental entity and shall not be subject to the provisions of law that apply to government operations; repeals a provision relating to processing fees for filing certain statements under ch. 679, F.S., repeals a provision relating to the uniform form of written financing statements and amendments; repeals a provision relating to filing-office rules; revises, provides, and deletes definitions and conforms other provisions of law.
January 1, 2007.
Died in Transportation & Economic Development Appropriations, Link/Iden/Sim/Compare passed, refer to HB 1443 (Ch. 2006-187), HB 7153 (Ch. 2006-213) on Friday, May 5, 2006 11:59 PM