Florida 2022 Regular Session

Florida House Bill H0519 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	~~CS/~~HB 519 2022
	3	+	HB 519 2022
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7	7		CODING: Words stricken are deletions; words underlined are additions.
8		-	hb0519-~~01-c1~~
	8	+	hb0519-00
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10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14		A bill to be entitled 1
15	15		An act relating to the rights of third parties under 2
16	16		the Uniform Commercial Code; amending ss. 679.4061 and 3
17	17		679.4081, F.S.; providing that certain restrictions on 4
18	18		the effectiveness of terms in specified agreements and 5
19	19		the effectiveness of certain rules of law, statutes, 6
20	20		or regulations related to the discharge of account 7
21	21		debtors and certain restrictions on the assignment of 8
22	22		promissory notes, health -care-insurance receivables, 9
23	23		and certain general intangibles, respectively, do not 10
24	24		apply to a security interest in an ownership interest 11
25	25		in a general partnership, a limited partnership, or a 12
26	26		limited liability company; conforming provisions to 13
27	27		changes made by the act; prov iding an effective date. 14
28	28		15
29	29		Be It Enacted by the Legislature of the State of Florida: 16
30	30		17
31	31		Section 1. Subsections (4) and (6) of section 679.4061, 18
32	32		Florida Statutes, are amended, and subsection (12) is added to 19
33	33		that section, to read: 20
34	34		679.4061 Discharge of account debtor; notification of 21
35	35		assignment; identification and proof of assignment; restrictions 22
36	36		on assignment of accounts, chattel paper, payment intangibles, 23
37	37		and promissory notes ineffective. — 24
38	38		(4) Except as otherwise provided in subsections (5) and 25
39	39
40		-	~~CS/~~HB 519 2022
	40	+	HB 519 2022
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44	44		CODING: Words stricken are deletions; words underlined are additions.
45		-	hb0519-~~01-c1~~
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47	47		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51		(12) subsection (5) and ss. 680.303 and 679.4071, and subject to 26
52	52		subsection (8), a term in an agreement between an account debtor 27
53	53		and an assignor or in a promissory note is ineffective to the 28
54	54		extent that it: 29
55	55		(a) Prohibits, restricts, or requires the cons ent of the 30
56	56		account debtor or person obligated on the promissory note to the 31
57	57		assignment or transfer of, or the creation, attachment, 32
58	58		perfection, or enforcement of a security interest in, the 33
59	59		account, chattel paper, payment intangible, or promissory note; 34
60	60		or 35
61	61		(b) Provides that the assignment or transfer or the 36
62	62		creation, attachment, perfection, or enforcement of the security 37
63	63		interest may give rise to a default, breach, right of 38
64	64		recoupment, claim, defense, termination, right of termination, 39
65	65		or remedy under the account, chattel paper, payment intangible, 40
66	66		or promissory note. 41
67	67		(6) Except as otherwise provided in subsection (12) and 42
68	68		ss. 680.303 and 679.4071 , and subject to subsections (8) and 43
69	69		(9), a rule of law, statute, or regulation that prohibits, 44
70	70		restricts, or requires the consent of a government, governmental 45
71	71		body or official, or account debtor to the assignment or 46
72	72		transfer of, or creation of a security interest in, an account 47
73	73		or chattel paper is ineffective to the extent that the rule of 48
74	74		law, statute, or regu lation: 49
75	75		(a) Prohibits, restricts, or requires the consent of the 50
76	76
77		-	~~CS/~~HB 519 2022
	77	+	HB 519 2022
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81	81		CODING: Words stricken are deletions; words underlined are additions.
82		-	hb0519-~~01-c1~~
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84	84		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88		government, governmental body or official, or account debtor to 51
89	89		the assignment or transfer of, or the creation, attachment, 52
90	90		perfection, or enforcement of a security interest in the account 53
91	91		or chattel paper; or 54
92	92		(b) Provides that the assignment or transfer or the 55
93	93		creation, attachment, perfection, or enforcement of the security 56
94	94		interest may give rise to a default, breach, right of 57
95	95		recoupment, claim, defense, termination, right of termination, 58
96	96		or remedy under the account or chattel paper. 59
97	97		(12) Subsections (4), (6), and (11) do not apply to a 60
98	98		security interest in an ownership interest in a general 61
99	99		partnership, a limited partnership, or a limited liability 62
100	100		company. 63
101	101		Section 2. Subsections (1 ) and (3) of section 679.4081, 64
102	102		Florida Statutes, are amended, and subsection (8) is added to 65
103	103		that section, to read: 66
104	104		679.4081 Restrictions on assignment of promissory notes, 67
105	105		health-care-insurance receivables, and certain general 68
106	106		intangibles ineffective. — 69
107	107		(1) Except as otherwise provided in subsections (2) and 70
108	108		(8) subsection (2), a term in a promissory note or in an 71
109	109		agreement between an account debtor and a debtor which relates 72
110	110		to a health-care-insurance receivable or a general intangible, 73
111	111		including a contract, permit, license, or franchise, and which 74
112	112		term prohibits, restricts, or requires the consent of the person 75
113	113
114		-	~~CS/~~HB 519 2022
	114	+	HB 519 2022
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118	118		CODING: Words stricken are deletions; words underlined are additions.
119		-	hb0519-~~01-c1~~
	119	+	hb0519-00
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121	121		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125		obligated on the promissory note or the account debtor to, the 76
126	126		assignment or transfer of, or creation, attachment, or 77
127	127		perfection of a security interest in, the promissory note, 78
128	128		health-care-insurance receivable, or general intangible, is 79
129	129		ineffective to the extent that the term: 80
130	130		(a) Would impair the creation, attachment, or perfection 81
131	131		of a security interest; or 82
132	132		(b) Provides that the assignment or transfer or the 83
133	133		creation, attachment, or perfection of the security interest may 84
134	134		give rise to a default, breach, right of recoupment, claim, 85
135	135		defense, termination, right of termination, or remedy under the 86
136	136		promissory note, health -care-insurance receivable, or general 87
137	137		intangible. 88
138	138		(3) Except as otherwise provided in subsection (8), a rule 89
139	139		of law, statute, or regulation that prohibits, restricts, or 90
140	140		requires the consent of a government, governmental body or 91
141	141		official, person obligated on a promissory note, or account 92
142	142		debtor to the assignment or transfer of, or creation of a 93
143	143		security interest in, a promissory note, health -care-insurance 94
144	144		receivable, or general intangible, including a contract, permit, 95
145	145		license, or franchise between an account debtor and a debto r, is 96
146	146		ineffective to the extent that the rule of law, statute, or 97
147	147		regulation: 98
148	148		(a) Would impair the creation, attachment, or perfection 99
149	149		of a security interest; or 100
150	150
151		-	~~CS/~~HB 519 2022
	151	+	HB 519 2022
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155	155		CODING: Words stricken are deletions; words underlined are additions.
156		-	hb0519-~~01-c1~~
	156	+	hb0519-00
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158	158		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162		(b) Provides that the assignment or transfer or the 101
163	163		creation, attachment, or perfection of the security interest may 102
164	164		give rise to a default, breach, right of recoupment, claim, 103
165	165		defense, termination, right of termination, or remedy under the 104
166	166		promissory note, health -care-insurance receivable, or general 105
167	167		intangible. 106
168	168		(8) This section does not app ly to a security interest in 107
169	169		an ownership interest in a general partnership, a limited 108
170	170		partnership, or a limited liability company. 109
171		-	Section 3. This act shall take effect ~~January~~ 1, ~~2023~~. 110
	171	+	Section 3. This act shall take effect July 1, 2022. 110