Florida Statutes
Fla. Stat. § 671.208 (2025)
Option to accelerate at will.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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671.208 Option to accelerate at will.—A term providing that one party or the party’s successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or “when she or he deems herself or himself insecure” or in words of similar import must be construed to mean that she or he has power to do so only if she or he in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised.
Note.—s. 1-208, U.C.C.; supersedes s. 674.03(3).
Notes of Decisions
Cited in 5
cases, 1981–2013 · leading case: Flagship Nat. Bank v. Gray Distrib. Syst., 485 So. 2d 1336 (Fla. 3d DCA 1986).
Flagship Nat. Bank v. Gray Distrib. Syst., 485 So. 2d 1336 (Fla. 3d DCA 1986). “§ 671.208, Fla. Stat. Ann. (West 1977), Uniform Commercial Code Comment; Quest v.”
Quest v. Barnett Bank of Pensacola, 397 So. 2d 1020 (Fla. 1st DCA 1981). “" Section 671.208, Florida Statutes (1975), explains that the word "insecure" means that the creditor "shall have power to [accelerate] only if he in good faith believes that the prospect of payment or performance is impaired.”
Exim Brickell LLC v. PDVSA Servs. Inc., 516 F. App'x 742 (11th Cir. 2013). “Although a plain reading of the statute could support the trial court’s interpretation, we have recognized that the UCC is to be interpreted generally in terms of commercial reasonableness and principles of good faith.”
In Re Waters, 248 B.R. 916 (Bankr. M.D. Fla. 2000). “1st DCA 1981) (citing § 671.208, Fla.Stat., for the proposition that "insecurity” clauses allowed under U.”
In re Ward, 320 B.R. 760 (Bankr. M.D. Fla. 2005). “1st DCA 1981)(citing § 671.208, Fla. Stat., for the proposition that “insecurity” clauses allowed under U.”
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