Florida Statutes
Part VI - Default (Ss. 679.601-679.628)
679.613 - Contents and form of notification before disposition of collateral; general.


(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;
(c) States the method of 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 DISPOSITIONOF 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.

Structure Florida Statutes

Florida Statutes

Title XXXIX - Commercial Relations

Chapter 679 - Uniform Commercial Code: Secured Transactions

Part VI - Default (Ss. 679.601-679.628)

679.601 - Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

679.602 - Waiver and variance of rights and duties.

679.603 - Agreement on standards concerning rights and duties.

679.604 - Procedure if security agreement covers real property or fixtures.

679.605 - Unknown debtor or secondary obligor.

679.606 - Time of default for agricultural lien.

679.607 - Collection and enforcement by secured party.

679.608 - Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

679.609 - Secured party’s right to take possession after default.

679.610 - Disposition of collateral after default.

679.611 - Notification before disposition of collateral.

679.612 - Timeliness of notification before disposition of collateral.

679.613 - Contents and form of notification before disposition of collateral; general.

679.614 - Contents and form of notification before disposition of collateral; consumer-goods transaction.

679.615 - Application of proceeds of disposition; liability for deficiency and right to surplus.

679.616 - Explanation of calculation of surplus or deficiency.

679.617 - Rights of transferee of collateral.

679.618 - Rights and duties of certain secondary obligors.

679.619 - Transfer of record or legal title.

679.620 - Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

679.621 - Notification of proposal to accept collateral.

679.622 - Effect of acceptance of collateral.

679.623 - Right to redeem collateral.

679.624 - Waiver.

679.625 - Remedies for failure to comply with article.

679.626 - Action in which deficiency or surplus is in issue.

679.627 - Determination of whether conduct was commercially reasonable.

679.628 - Nonliability and limitation on liability of secured party; liability of secondary obligor.