§ 679.613 — Contents and form of notification before disposition of collateral; general

Florida § 679.613

• Jurisdiction: Florida
• Title: XXXIX
• Ch. 679: UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

Text

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; (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)(a) The following form of notification and the form appearing in s. 679.614(3)(a), when completed in accordance with the instructions in paragraph (b), 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) Item 1. Name of any debtor that is not an addressee: (Name of each debtor) Item 2. We will sell (describe collateral) to the highest qualified bidder at public sale. A sale could include a lease or a license. The sale will be held as follows: Day and Date: Time: Place: Item 3. We will sell (describe collateral) at a private sale sometime after ( date) . A sale could include a lease or a license. Item 4. You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell or, as applicable, lease or license. Item 5. If you request an accounting, you must pay a charge of $ . Item 6. You may request an accounting by calling us at (telephone number) . (b) The following instructions apply to the form set forth in paragraph (a): 1. Do not include the item numbers in the notification, as they are used only for the purpose of clarification. 2. Include and complete Item 1 only if there is a debtor that is not an addressee of the notification and list the name or names. 3. Include and complete either Item 2, if the notification relates to a public disposition of the collateral, or Item 3, if the notification relates to a private disposition of the collateral. If Item 2 is completed, include the words “to the highest qualified bidder” only if applicable. 4. Include and complete Items 4 and 6. 5. Include and complete Item 5 only if the sender will charge the recipient for an accounting.

Legislative History

s. 7, ch. 2001-198; s. 110, ch. 2025-92.