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Florida Statute 679.614 - Full Text and Legal Analysis
Florida Statute 679.614 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
679.614 Contents and form of notification before disposition of collateral; consumer-goods transaction.In a consumer-goods transaction, the following rules apply:
(1) A notification of disposition must provide the following information:
(a) The information specified in s. 679.613(1);
(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 s. 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.
(2) A particular phrasing of the notification is not required.
(3)(a) The following form of notification, when completed in accordance with the instructions set forth in paragraph (b), provides sufficient information:

  (Name and address of secured party)  

  (Date)  

NOTICE OF OUR PLAN TO SELL PROPERTY

  (Name and address of any obligor who is also a debtor)  

Subject:  (Identify Transaction)  

We have your   (describe collateral)  , because you broke promises in our agreement.

Item 1. We will sell   (describe collateral)   at public sale. A sale could include a lease or license. The sale will be held as follows:

Date:

Time:

Place:

You may attend the sale and bring bidders.

Item 2. We will sell   (describe collateral)   at private sale sometime after   (date)  . A sale could include a lease or license.

Item 3. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you   (will or will not, as applicable)   still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else.

Item 4. You can get the property back at any time before we sell it by paying us the full amount you owe, not just the past due payments, including our expenses. To learn the exact amount you must pay, call us at   (telephone number)  .

Item 5. If you want us to explain to you   (in writing or in description of electronic record)   how we have figured the amount that you owe us, Item 6. call us at   (telephone number)  , write us at   (secured party’s address)  , or contact us by   (description of electronic communication method)   Item 7. and request a written explanation, an explanation in   (description of electronic record)  .

Item 8. We will charge you $  for the explanation if we sent you another written explanation of the amount you owe us within the last 6 months.

Item 9. If you need more information about the sale, call us at   (telephone number)  , write us at   (secured party’s address)  , or contact us by   (description of electronic communication method)  .

Item 10. We are sending this notice to the following other people who have an interest in   (describe collateral)   or who owe money under your agreement:

  (Names of all other debtors and obligors, if any)  

(b) The following instructions apply to the form of notification in paragraph (a):
1. The instructions in this paragraph refer to the numbers before items in the form of notification in paragraph (a). Do not include the numbers in the notification. The numbers are used only for the purpose of these instructions.
2. Include and complete either Item 1, if the notification relates to a public disposition of the collateral, or Item 2, if the notification relates to a private disposition of the collateral.
3. Include and complete Items 3-7.
4. In Item 5, include and complete any one of the three alternative methods for the explanation identified in paragraph (a).
5. In Item 6, include the telephone number. In addition, the sender may include and complete either or both of the two additional alternative methods of communication identified in paragraph (a) for the recipient of the notification to communicate with the sender. Neither of the two additional methods of communication is required to be included.
6. In Item 7, include and complete the method or methods for the explanation—writing, writing or electronic record, or electronic record—included in Item 5.
7. Include and complete Item 8 only if a written explanation is included in Item 5 as a method for communicating the explanation and the sender will charge the recipient for another written explanation.
8. In Item 9, include either the telephone number or the address, or both. In addition, the sender may include and complete the additional method of communication identified in paragraph (a) for the recipient of the notification to communicate with the sender. The additional method of electronic communication is not required to be included.
9. If Item 10 does not apply, insert “None” after “agreement:.”
(4) A notification in the form of subsection (3) is sufficient, even if additional information appears at the end of the form.
(5) A notification in the form of subsection (3) is sufficient, even if it includes errors in information not required by subsection (1), unless the error is misleading with respect to rights arising under this chapter.
(6) If a notification under this section is not in the form of subsection (3), law other than this chapter determines the effect of including information not required by subsection (1).
History.s. 7, ch. 2001-198; s. 111, ch. 2025-92.

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Amendments to 679.614


Annotations, Discussions, Cases:

Cases Citing Statute 679.614

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

...Stat. et seq. Although Plaintiff cites to various sections of the Florida code, and generally claims that the resale' was not commercially reasonable, the only clearly articulated violation is that Defendant did not comply with 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...
...t 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 disposition; (d) State that the debtor is entitled t...
...an accounting of the unpaid indebtedness *1352 and state the charge, if any, for an accounting; and (e) State the time and place of a public disposition or the time after which any other disposition is to be made. According to the UCC commentary to § 679.614, "[a] notification that lacks any of the information set forth in paragraph (1) is insufficient as a matter of law." Here, Plaintiff argues that Defendant's notice fails to meet the standard because it does not contain the information required in subsections (e)-(e)....
...[7] Because the transaction was clearly a consumer-goods transaction, [8] the notice provision of § 769.614 applies. Since Defendant's notification lacks some of the required elements of that section, it fails as a matter of law and Plaintiff is entitled to statutory damages. D. Damages Under 679.614 Proof of a violation of § 679.614 entitles Plaintiff to recover damages in accordance with § 679.625(3)(b), which provides in pertinent part that "[I]f the collateral is consumer goods, a person who was a debtor ....
..."( Id. ). [8] A consumer goods transaction means "a consumer transaction in which: (1) an individual incurs an obligation primarily for personal, family, or household purposes; and (2) a security interest in consumer goods secures the obligation." § 679.614(x) Fla....
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Williams v. Delray Auto Mall, Inc., 916 F. Supp. 2d 1294 (S.D. Fla. 2013).

Published | District Court, S.D. Florida | 2013 WL 64616, 2013 U.S. Dist. LEXIS 3505

...Defendants argue that this section does not apply to the current proceedings because Williams’ Jaguar has not been disposed of and that Williams does not allege its disposal in the Amended Complaint. In response, Williams argues Defendant FGAP Investment did not comply with the notice requirements of Florida Statute § 679.614 and that the Uniform Commercial Code does not require a secured creditor to dispose of the collateral as a condition to recovery....
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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 trial court granted the lender’s motion for summary judgment, but we reverse because of 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.