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. 679.613

679.613 Contents and form of notification before disposition of collateral; general.—Except in a consumer-goods transaction, the following rules apply:

(1) The contents of a notification of disposition are sufficient if the notification:

(a) Describes the debtor and the secured party;

(b) Describes the collateral that is the subject of the intended disposition;

(d) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and

(e) States the time and place of a public disposition or the time after which any other disposition is to be made.

(2) Whether the contents of a notification that lacks any of the information specified in subsection (1) are nevertheless sufficient is a question of fact.

(3) The contents of a notification providing substantially the information specified in subsection (1) are sufficient, even if the notification includes:

(a) Information not specified by that paragraph; or

(b) Minor errors that are not seriously misleading.

(4) A particular phrasing of the notification is not required.

(5) The following form of notification and the form appearing in s. 679.614(3), when completed, each provides sufficient information:

NOTIFICATION OF DISPOSITION
OF COLLATERAL

To: (Name of debtor, obligor, or other person to which the notification is sent)

From: (Name, address, and telephone number of secured party)

Name of Debtor(s): (Include only if debtor(s) are not an addressee)

[For a public disposition:]

We will sell [or lease or license, as applicable] the (describe collateral) to the highest qualified bidder in public as follows:

Day and Date:
Time:
Place:

[For a private disposition:]

We will sell [or lease or license, as applicable] the (describe collateral) privately sometime after (day and date) .

You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [or lease or license, as applicable] for a charge of $ . You may request an accounting by calling us at (telephone number) .

History.—s. 7, ch. 2001-198.

F.S. 679.613 on Google Scholar

F.S. 679.613 on Casetext

Amendments to 679.613

Arrestable Offenses / Crimes under Fla. Stat. 679.613

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.613.

Annotations, Discussions, Cases:

Cases from cite.case.law:

COMERICA BANK, v. H. MANN, III,, 13 F. Supp. 3d 1262 (N.D. Ga. 2013)

. . . Id. § 679.613; see also Landmark First Nat’l Bank of Ft. Lauderdale v. . . . Ann. § 679.613(1). See, e.g., Jackson, 988 So.2d at 722. . . . Id. at § 679.613(3). Comerica’s argument here, too, is a nonstarter. . . . would deprive § 679.613 of all its meaning. . . . Ann. § 679.613(3). . . .

BARCLAYS BANK PLC, v. A. POYNTER, LLC LLC N. A. LLC NA, 710 F.3d 16 (1st Cir. 2013)

. . . intention to sell the vessel pursuant to Florida Statues [sic]: F.S. 679.609; 679.610; 679.612, and 679.613 . . .

JACKSON, v. SOUTHERN AUTO FINANCE COMPANY, a d b a SAFCo., 988 So. 2d 721 (Fla. Dist. Ct. App. 2008)

. . . by the lender failed to include a number of requirements found in section 679.614(l)(a) and section 679.613 . . .

BURLEY, v. GELCO CORPORATION, d b a G. E., 976 So. 2d 97 (Fla. Dist. Ct. App. 2008)

. . . Section 679.613 prescribes the contents and form of the notification for non-consumer goods (such as . . . Specifically, section 679.613(l)(e) requires that the notice of disposition must include the “time and . . . See § 679.613(2), Fla. Stat (2005). . . .

MURO, v. HERMANOS AUTO WHOLESALERS, INC., 514 F. Supp. 2d 1343 (S.D. Fla. 2007)

. . . good, the secured party must provide the debtor with the following: (a) The information specified in § 679.613 . . . The information specified in § 679.613(1), which is incorporated into § 679.614(1), mandates that the . . .