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307
limitation of $5,000 generally contained in §467.09 (1), F. S. It cannot
be presumed that the legislature would enact §509.211(4), F. S., without
having some definite purpose in view. (See Webb v. Hill, 75 So.2d 596.)
It is my understanding that the foregoing interpretation of the
proviso contained in §509.211 (4), F. S., is consistent with the longstanding construction which the commission has placed on this statute
and accordingly is entitled to great weight.
Your question is, therefore, answered accordingly.
066-52-May 26, 1966
UNIFORM COMMERCIAL CODE
SECURED TRANSACTIONS-FILING; REQUISITESDOCUMENTARY STAMP TAX
To:
S. Morgan Slaughter, Clerk Circuit Court, Duval County,
Jacksonville
QUESTIONS:
1a. Under the prOVISIOns of §§679.9-4011 and 679.9-401(Uniform Commercial Code), must financing
statements listing fixtures as collateral be recorded either in
"Record of Mortgages" or "Official Records," as provided in
§§28.22 and 28.221, F. S.; or may they be recorded in some
other record book "as shall be designated by the clerk of the
circuit court for such purpose?"
b. May chattel mortgages and similar precode documents
evidencing security interests in personalty continue to be filed
for record and, if so, in what record book or books shall they
be recorded?
2. Is there a conflict between §28.221, F. S., on the one
hand, and §§679.9-401 and 679.9-4011, F. S., on the other hand?
3. Under the provisions of §679.9-405(2), F. S., pertaining
to assignments of a security interest, would a copy of such an
assignment without original signatures be acceptable for recording?
4. What are the requirements as to documentary tax
stamps with reference to the recording of financing statements?
(1) (b), F. S.
AS TO QUESTION 1a.:
As you mention in your letter, §679.9-4011, F. S., provides that the
filing requirements of Ch. 679 (Art. 9) of the Uniform Commercial Code
" . . . shall be complete and sufficient only if the writing is recorded ..•
in such record book as shall be designated by the clerk of the circuit
court for such purpose."
Section 679.9-401 (1) (b), F. S., provides:
(b) When the collateral is goods which at the time the
security interest attaches are or are to become fixtures, then
by recording in the office and in the record where a mortgage
on the real estate concerned would be recorded; (Emphasis supplied.)
Official comment 6 under §679.9-303, F. S. A., states:
Under this Article as under the Uniform Sales Act the
place of filing with respect to goods affixed or to be affixed to
realty is with the real estate records and not with the chattel
records. (Emphasis supplied.)
From the foregoing, it would appear that, in order to meet the re-
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BIENNIAL REPORT OF THE ATTORNEY GENERAL
quirements of §679.9-401 (1) (b), F. S., a financing statement related to
a security interest in which any part of the collateral is fixtures must
be recorded not only in the office where a mortgage on the real estate
concerned would be recorded, but in the same record book as that in
which it would be recorded if it were actually a mortgage; i.e., either in
the "Record of Mortgages" under the provisions of §28.22, F. S., or the
"Official Records" as provided in §28.221, F. S.
AS TO QUESTION lb.:
Although such instruments as "chattel mortgages," etc., may continue to be used by the parties to a secured transaction, the Uniform
Commerciai Code does not require the recording of such instruments as
such. All that need be filed ("file" being synonymous with "record" under
the Florida version of the code), when filing is required or permitted
for perfection of a security interest, is a document or instrument designated as a "financing statement." The purpose of the prescribed form
for a financing statement in §679.9-402 (2), F. S., is merely to provide
minimum standards to comply with the provisions of Ch. 679. Thus,
the parties may file, as a financing statement, the security agreement
itself, be it chattel mortgage, conditional sales contract, or other precode or noncode form, so long as it meets (as such forms generally do)
all of the requisites of §679.9-402, F. S. As to the book in which such
recording is to be made, see the answer to question la. above.
AS TO QUESTION 2:
There appears to be no conflict between §28.221, F. S., on the one
hand, and §§679.9-401 and 679.9-4011, F. S., on the other. In any event,
except as specifically provided otherwise, any provision of the code
would take precedence over any other Florida law inconsistent therewith.
See §§680.10-103 and 680.10-104, F. S.
AS TO QUESTION 3:
Section 679.9-405 (2), F. S., provides in part:
(2) A secured party may assign of record all or a part of
his rights under a financing statement by the filing of a separate written statement of assignment signed by the secured
party of record .•• and the debtor, ••• A copy of the assignment is sufficient • • • if it complies with the preceding sentence. ... (Emphasis supplied.)
From the foregoing, it would appear that a carbon copy of an assignment embodying all of the requirements of §679.9-405 (2), F. S., and
bearing original signatures may be accepted for record. See AGO 063108, citing 65 A.L.R. 351, in which the following appears:
"Where a carbon copy of a writing is signed • . . it ranks as
a duplicate original as would a copy produced by any other
method and formally signed •.." (Emphasis supplied.)
The italicized words in the above quotation would seem to indicate that if the copy submitted has been "produced by any other method"
(such as xerox or other photostatic or photographic process) and bears
original signatures, or if the original instrument bore original signatures
when copied by any such process, such copy may be accepted for record,
provided it otherwise qualifies under §679.9-405 (2), F. S., as noted
above. See also §92.35, F. S., the uniform photographic copies of business and public records as evidence act, the general intent of which
would appear to be consistent with the above conclusions.
AS TO QUESTION 4:
Section 680.10-102 (2), F. S., amends Ch. 201, F. S., excise tax on
documents, by adding §201.22, F. S., financing statements under Ch. 679
of the Uniform Commercial Code. This new section provides that the
excise tax on documents shall be applicable to transactions under the
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309
code and that a clerk "shall not accept for (record) any financing statement . . . unless there appears thereon the notation that the stamps
required by (Ch. 201) have been placed on the promissory instrument
(to which it relates) and will be placed on any additional promissory
instruments, advances or similar instrument that may be secured by
said financing statement."
Your questions are therefore specifically answered as follows:
la. Financing statements listing fixtures as collateral must be recorded either in "Record of Mortgages" books under §28.22, F. S., or
in "Official Records" book under §28.221;F. S.
b. Chattel mortgages and similar precode documents evidencing
security interests in personalty may continue to be filed for record as
"financing statements," in either "Record of Mortgages" or "Official
Records."
2. There appears to be no conflict between Uniform Commercial
Code §§679.9-401, 679.9-4011, and §28.221, F. S.
3. A .carbon copy of an assignment of a security interest may be
accepted for record if' it bears original signatures of both parties. A
copy of such an assignment by xerox or other photographic process may
be accepted for record if the original, when reproduced, was signed by
both parties or if the copy when filed for record bears original signatures
of both parties.
4. Excise tax on documents is applicable to transactions under
the code and a financing statement may not be accepted for record unless
it bears a notation that stamps have been placed on the proper instrument.
066-53-May 26, 1966
EDUCATION
PERSONNEL COUNTY SCHOOL SYSTEM-CONTINUING
CONTRACTS-COMPUTATION OF TIME OF SERVICE
To:
Floyd T. Christian, State Superintendent of Public Instruction,
Tallahassee
STATEMENT OF FACT:
Section 228.041 (24), F. S., defines a year of service for the purpose
of granting continuing contracts and for administering the state program of education under the minimum foundation program. In the light
of this law, please render an opinion on the following questions:
QUESTIONS:
1. If regular full-time teachers are required to render 7
hours per day for 196 days, would a teacher who worked only
4 hours per day for 196 days establish a year of service?
2. May a teacher's service rendered under a regular 10
months contract as provided in §236.02(3), F. S., be combined
with service rendered under a separate contract for the summer
program as provided in §236.07(3)(c), F. S., to establish a
year of service?
3a. If service rendered under a separate contract for the
summer program must be combined with service rendered under the regular 10 months contract, should such additional
service be added to that of the prior or to that of the next
school term?
b. If all full-time contractual service must be counted,
would the base for determining a year of service for a 10