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Florida Statute 679.611 - Full Text and Legal Analysis
Florida Statute 679.611 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 679.611 Case Law from Google Scholar Google Search for Amendments to 679.611

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
679.611 Notification before disposition of collateral.
(1) In this section, the term “notification date” means the earlier of the date on which:
(a) A secured party sends to the debtor and any secondary obligor a signed notification of disposition; or
(b) The debtor and any secondary obligor waive the right to notification.
(2) Except as otherwise provided in subsection (4), a secured party that disposes of collateral under s. 679.610 shall send to the persons specified in subsection (3) a reasonable signed notification of disposition.
(3) To comply with subsection (2), the secured party shall send a signed notification of disposition to:
(a) The debtor;
(b) Any secondary obligor; and
(c) If the collateral is other than consumer goods:
1. Any other person from whom the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;
2. Any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
a. Identified the collateral;
b. Was indexed under the debtor’s name as of that date; and
c. Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and
3. Any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in s. 679.3111(1).
(4) Subsection (2) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.
(5) A secured party complies with the requirement for notification prescribed by subparagraph (3)(c)2. if:
(a) Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor’s name in the office indicated in subparagraph (3)(c)2.; and
(b) Before the notification date, the secured party:
1. Did not receive a response to the request for information; or
2. Received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.
(6) For purposes of subsection (3), the secured party may send the signed notification as follows:
(a) If the collateral is other than consumer goods, to the debtor at the address in the financing statement, unless the secured party has received a signed record from the debtor notifying the secured party of a different address for such notification purposes or the secured party has actual knowledge of the address of the debtor’s chief executive office or principal residence, as applicable, at the time the notification is sent;
(b) If the collateral is other than consumer goods, to any secondary obligor at the address, if any, in the signed agreement, unless the secured party has received a signed record from the secondary obligor notifying the secured party of a different address for such notification purposes or the secured party has actual knowledge of the address of the secondary obligor’s chief executive office or principal residence, as applicable, at the time the notification is sent; and
(c) If the collateral is other than consumer goods:
1. To the person described in subparagraph (3)(c)1., at the address stated in the notification;
2. To the person described in subparagraph (3)(c)2., at the address stated in the financing statement;
3. To the person described in subparagraph (3)(c)3., at the address stated in the official records of the recording or registration agency.
History.s. 7, ch. 2001-198; s. 109, ch. 2025-92.

F.S. 679.611 on Google Scholar

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Amendments to 679.611


Annotations, Discussions, Cases:

Cases Citing Statute 679.611

Total Results: 3  |  Sort by: Relevance  |  Newest First

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S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56 (Fla. 2d DCA 2011).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 2216, 2011 WL 637332

...The only evidence offered by CAT in support of its motion for summary judgment was the affidavit of its “Special Accounts Representative” with the attached notices of sale. While this evidence shows that CAT complied with the procedural requirements of section 679.611, it does not bear on the question of whether the sales themselves were conducted in conformity with the reasonable commercial practices among dealers in the industrial earthmoving equipment industry....
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Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 534816

...nd leaving a balance of $55,928.80 due under the lease. [1] Mr. Burley filed an affidavit in opposition to Gelco's motion, stating, inter alia, that he was entitled to receive notice of the disposition of the vehicles prior to their sale pursuant to section 679.611, Florida Statutes, but had not been provided with that notice....
...mercially reasonable manner. The court awarded Gelco $2,000 in attorney's fees and $357.75 in costs in addition to the deficit of $55,928.80. Mr. Burley's argument is simple: he asserts that Gelco's failure to provide him with the notice required by section 679.611, Florida Statutes, raised a presumption that the sale of the vehicles was conducted in a commercially unreasonable *100 manner....
...lection, enforcement, disposition, or acceptance was conducted in accordance with this part." § 679.626(2), Fla. Stat. (2005). Mr. Burley obviously placed Gelco's compliance at issue; he argued successfully below that Gelco's notice was inadequate. Section 679.611, formerly section 679.504, provides that unless the collateral "is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market," the secured party disposing of the collateral "shall send to the persons specified in subsection (3) a reasonable authenticated notification of disposition." § 679.611(2), (4), Fla....
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Element Fin. Corp. v. Marcinkoski Gradall, Inc., 215 So. 3d 1252 (Fla. 4th DCA 2017).

Published | Florida 4th District Court of Appeal | 92 U.C.C. Rep. Serv. 2d (West) 336, 2017 WL 1175879, 2017 Fla. App. LEXIS 4194

...After Tropical Jewelers, but before Burley , the code was amended to significantly change the definition of debtor and to specifically require notice to a guarantor prior to disposition of collateral. See § 679,1021(1)(bb), (sss), (yyy), Fla. Stat. (2005); see also § 679.611(1), (2), Fla. Stat. (2005). Burley , *1256 the guarantor, was not entitled to notice because he was a debtor. He was entitled to notice because, since 2001, the code has specifically required notice to a secondary obligor such as a guarantor. See § 679.611, Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.