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b. Does not include damages arising out of personal injury to or the death of
12an individual.
SB9,31,1413
(dg) "Commodity account" means an account maintained by a commodity
14intermediary in which a commodity contract is carried for a commodity customer.
SB9,31,1715
(dm) "Commodity contract" means a commodity futures contract, an option on
16a commodity futures contract, a commodity option, or another contract if the contract
17or option is:
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1. Traded on or subject to the rules of a board of trade that has been designated
19as a contract market for such a contract pursuant to federal commodities laws; or
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2. Traded on a foreign commodity board of trade, exchange, or market, and is
21carried on the books of a commodity intermediary for a commodity customer.
SB9,31,2322
(ds) "Commodity customer" means a person for which a commodity
23intermediary carries a commodity contract on its books.
SB9,31,2424
(e) "Commodity intermediary" means a person that:
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11. Is registered as a futures commission merchant under federal commodities
2law; or
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2. In the ordinary course of its business provides clearance or settlement
4services for a board of trade that has been designated as a contract market pursuant
5to federal commodities law.
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(eg) "Communicate" means:
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1. To send a written or other tangible record;
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2. To transmit a record by any means agreed upon by the persons sending and
9receiving the record; or
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3. In the case of transmission of a record to or by a filing office, to transmit a
11record by any means prescribed by filing-office rule.
SB9,32,1312
(em) "Consignee" means a merchant to which goods are delivered in a
13consignment.
SB9,32,1514
(es) "Consignment" means a transaction, regardless of its form, in which a
15person delivers goods to a merchant for the purpose of sale and:
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1. The merchant:
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a. Deals in goods of that kind under a name other than the name of the person
18making delivery;
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b. Is not an auctioneer; and
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c. Is not generally known by its creditors to be substantially engaged in selling
21the goods of others;
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2. With respect to each delivery, the aggregate value of the goods is $1,000 or
23more at the time of delivery;
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3. The goods are not consumer goods immediately before delivery; and
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4. The transaction does not create a security interest that secures an obligation.
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1(f) "Consignor" means a person that delivers goods to a consignee in a
2consignment.
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(fg) "Consumer debtor" means a debtor in a consumer transaction.
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(fm) "Consumer goods" means goods that are used or bought for use primarily
5for personal, family, or household purposes.
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(fs) "Consumer-goods transaction" means a consumer transaction in which:
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1. An individual incurs an obligation primarily for personal, family, or
8household purposes; and
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2. A security interest in consumer goods secures the obligation.
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(g) "Consumer obligor" means an obligor who is an individual and who incurred
11the obligation as part of a transaction entered into primarily for personal, family, or
12household purposes.
SB9,33,1713
(gg) "Consumer transaction" means a transaction in which an individual incurs
14an obligation primarily for personal, family, or household purposes; a security
15interest secures the obligation; and the collateral is held or acquired primarily for
16personal, family, or household purposes. The term includes consumer-goods
17transactions.
SB9,33,1918
(gm) "Continuation statement" means an amendment of a financing statement
19which:
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1. Identifies, by its file number, the initial financing statement to which it
21relates; and
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2. Indicates that it is a continuation statement for, or that it is filed to continue
23the effectiveness of, the identified financing statement.
SB9,33,2424
(gs) "Debtor" means:
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11. A person having an interest, other than a security interest or other lien, in
2the collateral, whether or not the person is an obligor;
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2. A seller of accounts, chattel paper, payment intangibles, or promissory notes;
4or
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3. A consignee.
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(h) "Deposit account" means a demand, time, savings, passbook, or similar
7account maintained with a bank. The term does not include investment property or
8accounts evidenced by an instrument.
SB9,34,109
(hg) "Document" means a document of title or a receipt of the type described
10in s. 407.201 (2).
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(hm) "Electronic chattel paper" means chattel paper evidenced by a record or
12records consisting of information stored in an electronic medium.
SB9,34,1413
(hs) "Encumbrance" means a right, other than an ownership interest, in real
14property. The term includes mortgages and other liens on real property.
SB9,34,1615
(i) "Equipment" means goods other than inventory, farm products, or consumer
16goods.
SB9,34,1817
(ig) "Farm products" means goods, other than standing timber, with respect to
18which the debtor is engaged in a farming operation and which are:
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1. Crops grown, growing, or to be grown, including:
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a. Crops produced on trees, vines, and bushes; and
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b. Aquatic goods produced in aquacultural operations;
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2. Livestock, born or unborn, including aquatic goods produced in aquacultural
23operations;
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3. Supplies used or produced in a farming operation; or
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4. Products of crops or livestock in their unmanufactured states.
SB9,35,2
1(im) "Farming operation" means raising, cultivating, propagating, fattening,
2grazing, or any other farming, livestock, or aquacultural operation.
SB9,35,43
(is) "File number" means the number assigned to an initial financing statement
4pursuant to s. 409.519 (1).
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(j) "Filing office" means an office designated in s. 409.501 as the place to file a
6financing statement.
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(jg) "Filing-office rule" means a rule promulgated pursuant to s. 409.526.
SB9,35,98
(jm) "Financing statement" means a record or records composed of an initial
9financing statement and any filed record relating to the initial financing statement.
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(js) "Fixture filing" means the filing of a financing statement covering goods
11that are or are to become fixtures and satisfying s. 409.502 (1) and (2). The term
12includes the filing of a financing statement covering goods of a transmitting utility
13which are or are to become fixtures.
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(k) "Fixtures" means goods that have become so related to particular real
15property that an interest in them arises under real property law.
SB9,35,2016
(kg) "General intangible" means any personal property, including things in
17action, other than accounts, chattel paper, commercial tort claims, deposit accounts,
18documents, goods, instruments, investment property, letter-of-credit rights, letters
19of credit, money, and oil, gas, or other minerals before extraction. The term includes
20payment intangibles and software.
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(km) "Good faith" means honesty in fact and the observance of reasonable
22commercial standards of fair dealing.
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(ks) "Goods" means all things that are movable when a security interest
24attaches. The term includes fixtures; standing timber that is to be cut and removed
25under a conveyance or contract for sale; the unborn young of animals; crops grown,
1growing, or to be grown, even if the crops are produced on trees, vines, or bushes; and
2manufactured homes. The term also includes a computer program embedded in
3goods and any supporting information provided in connection with a transaction
4relating to the program if the program is associated with the goods in such a manner
5that it customarily is considered part of the goods, or by becoming the owner of the
6goods, a person acquires a right to use the program in connection with the goods. The
7term does not include a computer program embedded in goods that consist solely of
8the medium in which the program is embedded. The term also does not include
9accounts, chattel paper, commercial tort claims, deposit accounts, documents,
10general intangibles, instruments, investment property, letter-of-credit rights,
11letters of credit, money, or oil, gas, or other minerals before extraction.
SB9,36,1612
(L) "Governmental unit" means a subdivision, agency, department, county,
13parish, municipality, or other unit of the government of the United States, a state,
14or a foreign country. The term includes an organization having a separate corporate
15existence if the organization is eligible to issue debt on which interest is exempt from
16income taxation under the laws of the United States.
SB9,36,1917
(Lg) "Health-care-insurance receivable" means an interest in or claim under
18a policy of insurance which is a right to payment of a monetary obligation for
19health-care goods or services provided.
SB9,37,220
(Lm) "Instrument" means a negotiable instrument or any other writing that
21evidences a right to the payment of a monetary obligation, is not itself a security
22agreement or lease, and is of a type that in ordinary course of business is transferred
23by delivery with any necessary endorsement or assignment. The term does not
24include investment property; letters of credit; or writings that evidence a right to
1payment arising out of the use of a credit or charge card or information contained on
2or for use with the card.
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(Ls) "Inventory" means goods, other than farm products, which:
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1. Are leased by a person as lessor;
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2. Are held by a person for sale or lease or to be furnished under a contract of
6service;
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3. Are furnished by a person under a contract of service; or
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4. Consist of raw materials, work in process, or materials used or consumed in
9a business.
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(m) "Investment property" means a security, whether certificated or
11uncertificated, security entitlement, securities account, commodity contract, or
12commodity account.
SB9,37,1513
(mcm) "Issuer" means a bank or other person that issues a letter of credit, but
14does not include an individual who makes an engagement for personal, family, or
15household purposes.
SB9,37,1716
(mg) "Jurisdiction of organization", with respect to a registered organization,
17means the jurisdiction under whose law the organization is organized.
SB9,37,2218
(mkm) "Letter of credit" means a definite undertaking that satisfies the
19requirements of s. 405.104 by an issuer to a beneficiary at the request or for the
20account of an applicant or, in the case of a financial institution, to itself or for its own
21account, to honor a documentary presentation by payment or delivery of an item of
22value.
SB9,38,223
(mm) "Letter-of-credit right" means a right to payment or performance under
24a letter of credit, whether or not the beneficiary has demanded or is at the time
1entitled to demand payment or performance. The term does not include the right of
2a beneficiary to demand payment or performance under a letter of credit.
SB9,38,33
(ms) "Lien creditor" means:
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1. A creditor that has acquired a lien on the property involved by attachment,
5levy, or the like;
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2. An assignee for benefit of creditors from the time of assignment;
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3. A trustee in bankruptcy from the date of the filing of the petition; or
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4. A receiver in equity from the time of appointment.
SB9,38,189
(n) "Manufactured home" means a structure, transportable in one or more
10sections, which, in the traveling mode, is 8 body feet or more in width or 40 body feet
11or more in length, or, when erected on site, is 320 or more square feet, and which is
12built on a permanent chassis and designed to be used as a dwelling with or without
13a permanent foundation when connected to the required utilities, and includes the
14plumbing, heating, air-conditioning, and electrical systems contained therein. The
15term includes any structure that meets all of the requirements of this paragraph
16except the size requirements and with respect to which the manufacturer voluntarily
17files a certification required by the U.S. secretary of housing and urban development
18and complies with the standards established under title 42 of the U.S. code.
SB9,38,1919
(ng) "Manufactured-home transaction" means a secured transaction:
SB9,38,2120
1. That creates a purchase-money security interest in a manufactured home,
21other than a manufactured home held as inventory; or
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2. In which a manufactured home, other than a manufactured home held as
23inventory, is the primary collateral.
SB9,38,2524
(nm) "Mortgage" means a consensual interest in real property, including
25fixtures, which secures payment or performance of an obligation.
SB9,39,2
1(ns) "New debtor" means a person that becomes bound as debtor under s.
2409.203 (4) by a security agreement previously entered into by another person.
SB9,39,63
(o) "New value" means money; money's worth in property, services, or new
4credit; or release by a transferee of an interest in property previously transferred to
5the transferee. The term does not include an obligation substituted for another
6obligation.
SB9,39,77
(odm) "Nominated person" means a person whom the issuer:
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1. Designates or authorizes to pay, accept, negotiate, or otherwise give value
9under a letter of credit; and
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2. Undertakes by agreement or custom and practice to reimburse.
SB9,39,1111
(og) "Noncash proceeds" means proceeds other than cash proceeds.
SB9,39,1712
(om) "Obligor" means a person that, with respect to an obligation secured by
13a security interest in or an agricultural lien on the collateral, owes payment or other
14performance of the obligation; has provided property other than the collateral to
15secure payment or other performance of the obligation; or is otherwise accountable
16in whole or in part for payment or other performance of the obligation. The term does
17not include issuers or nominated persons under a letter of credit.