Florida Statute 679.601 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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679.601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.—

(1) After default, a secured party has the rights provided in this part and, except as otherwise provided in s. 679.602, those provided by agreement of the parties. A secured party:

(a) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and

(b) If the collateral is documents, may proceed either as to the documents or as to the goods they cover.

(2) A secured party in possession of collateral or control of collateral under s. 679.1041, s. 679.1051, s. 679.1052, s. 679.1053, s. 679.1061, or s. 679.1071 has the rights and duties provided in s. 679.2071.

(3) The rights under subsections (1) and (2) are cumulative and may be exercised simultaneously.

(4) Except as otherwise provided in subsection (7) and s. 679.605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.

(5) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:

(a) The date of perfection of the security interest or agricultural lien in the collateral;

(b) The date of filing a financing statement covering the collateral; or

(6) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this chapter.

(7) Except as otherwise provided in s. 679.607(3), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.

History.—s. 7, ch. 2001-198; s. 105, ch. 2025-92.

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Amendments to 679.601

Annotations, Discussions, Cases:

Cases Citing Statute 679.601

Total Results: 4 | 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

...Plaintiff Lourdes Muro ("Plaintiff") moves for judgment in her favor and against Defendant Hermanos Auto Wholesalers, Inc. ("Defendant") on Count I for violation of the Truth in Lending Act ("TILA"), 15 U.S.C. § 1640 et seq. and Count H for violation of Article IX of Florida's version of the Uniform Commercial Code ("UCC"), § 679.601 Fla....

...While these scenarios are doubtful, without some evidence in the record to rule them out, summary judgment cannot be granted as to the down payment at this time C. UCC Claims In Count II, Plaintiff argues that Defendant's disposition of the vehicle after its repossession violates Article IX of Florida's version of the UCC, § 679.601 Fla....

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Beach Cmty. Bank v. Disposal Servs., LLC, 199 So. 3d 1132 (Fla. 1st DCA 2016).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14159, 2016 WL 5118372

rejected the trustee’s argument, interpreting section 679.601, Florida Statutes, as neither dictating nor

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Spellman v. Indep. Bankers' Bank of Florida, 161 So. 3d 505 (Fla. 5th DCA 2014).

Cited 2 times | Published | Florida 5th District Court of Appeal | 84 U.C.C. Rep. Serv. 2d (West) 333, 2014 Fla. App. LEXIS 12143, 2014 WL 3871264

...possession of the collateral. § 679.609(1)(a) & (2), Fla. Stat. (2009). The U.C.C. does not require IBBF to elect a remedy. IBBF is authorized to pursue a judgment against SIT for the default while simultaneously repossessing the Shares.- Under section 679.601(l)(a), Florida Statutes (2009), after a debtor defaults, a secured party may reduce a claim to judgment, foreclose, or otherwise enforce the claim. The secured party’s rights are cumulative and may be exercised simultaneously. § 679.601(3), Fla....

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Howard & Assocs. Attorneys at Law, P.A. & Timothy Howard v. Providence Capital Holdings, LLC (Fla. 4th DCA 2020).

Published | Florida 4th District Court of Appeal

...that paragraph does not explicitly describe the type of relief granted in the order on appeal. The agreement defines “Code” as “the Uniform Commercial Code as from time to time in effect in the State of Florida.” Part of Florida’s UCC, section 679.601(1)(a), Florida Statutes (2019), generally describes a secured party’s options under the Code after a default by the debtor: (1) After default, a secured party has the rights provided in this part and, except as provided in section 679.602, those provided by agreement of the parties....

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