Florida Statute 679.613 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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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)(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.

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

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Amendments to 679.613

Annotations, Discussions, Cases:

Cases Citing Statute 679.613

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

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Muro v. Hermanos Auto Wholesalers, Inc., 514 F. Supp. 2d 1343 (S.D. Fla. 2007).

Cited 3 times | Published | District Court, S.D. Florida | 64 U.C.C. Rep. Serv. 2d (West) 24, 2007 U.S. Dist. LEXIS 74418, 2007 WL 2729810

...th the notice provisions of § 679.614 prior to disposition of the car. Section 679.614 provides that prior to disposition of a repossessed consumer good, the secured party must provide the debtor with the following: (a) The information specified in § 679.613(1) [described below]; (b) A description of any liability for a deficiency of the person to whom the notification is sent; (c) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under § 679.623 is available; and (d) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available. Fla. Stat § 679.614(1). The information specified in § 679.613(1), which is incorporated into § 679.614(1), mandates that the notice: (a) Describe the debtor and the secured party; (b) Describe the collateral that is the subject of the intended disposition; (c) State the method of intended dispositio...

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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

...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. Stat. (2005). Section 679.613 prescribes the contents and form of the notification for non-consumer goods (such as the business vehicles at issue in this case). Specifically, section 679.613(1)(e) requires that the notice of disposition must include the "time and place of a public disposition or the time after which any other disposition is to be made." The importance of correct notice cannot be overstated....

..."Notice is an integral aspect of whether the disposition is `commercially reasonable' under chapter 679." Landmark First Nat'l Bank of Fort Lauderdale v. Gepetto's Tale O' The Whale of Fort Lauderdale, Inc., 498 So.2d 920, 922 (Fla.1986). Whether the notice was adequate is a question of fact. See § 679.613(2), Fla....

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Jackson v. S. Auto Fin. Co., 988 So. 2d 721 (Fla. 4th DCA 2008).

Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 12343, 2008 WL 3850864

...the insufficiency of the notice. We also find a settlement offer for the full amount plaintiff sought did not make the class action moot. The notice provided by the lender failed to include a number of requirements found in section 679.614(l)(a) and section 679.613(1), such as whether the sale was public or private, or where or when the sale would be held....

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.