The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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F.S. 679.601

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. 679.1061, 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.

F.S. 679.601 on Google Scholar

F.S. 679.601 on Casetext

Amendments to 679.601

Arrestable Offenses / Crimes under Fla. Stat. 679.601

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.601.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BEACH COMMUNITY BANK, v. DISPOSAL SERVICES, LLC,, 199 So. 3d 1132 (Fla. Dist. Ct. App. 2016)

. . . The court rejected the trustee’s argument, interpreting section 679.601, Florida Statutes, as neither . . .

P. SPELLMAN v. INDEPENDENT BANKERS BANK OF FLORIDA,, 161 So. 3d 505 (Fla. Dist. Ct. App. 2014)

. . . .- Under section 679.601(l)(a), Florida Statutes (2009), after a debtor defaults, a secured party may . . . The secured party’s rights are cumulative and may be exercised simultaneously. § 679.601(3), Fla. . . .

MORRIS, v. SHEEHAN BUICK PONTIAC GMC, INC., 517 F. App'x 686 (11th Cir. 2013)

. . . . § 679.601, claim? . . .

MURO, v. HERMANOS AUTO WHOLESALERS, INC., 514 F. Supp. 2d 1343 (S.D. Fla. 2007)

. . . Count II for violation of Article IX of Florida’s version of the Uniform Commercial Code (“UCC”), § 679.601 . . . disposition of the vehicle after its repossession violates Article IX of Florida’s version of the UCC, § 679.601 . . .

TROPICAL JEWELERS, INC. v. N. A. a N. A., 781 So. 2d 381 (Fla. Dist. Ct. App. 2000)

. . . right to commercially reasonable disposition of repossessed property cannot be waived under section 679.601 . . .