Florida Statutes

Fla. Stat. § 679.602 (2025)

Waiver and variance of rights and duties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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679.602 Waiver and variance of rights and duties.—Except as otherwise provided in s. 679.624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:

(1) Section 679.2071(2)(d)3., which deals with use and operation of the collateral by the secured party;

(2) Section 679.210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) Section 679.607(3), which deals with collection and enforcement of collateral;

(4) Sections 679.608(1) and 679.615(3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5) Sections 679.608(1) and 679.615(4) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) Section 679.609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;

(7) Sections 679.610(2), 679.611, 679.613, and 679.614, which deal with disposition of collateral;

(8) Section 679.615(6), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;

(9) Section 679.616, which deals with explanation of the calculation of a surplus or deficiency;

(10) Sections 679.620, 679.621, and 679.622, which deal with acceptance of collateral in satisfaction of obligation;

(11) Section 679.623, which deals with redemption of collateral;

(12) Section 679.624, which deals with permissible waivers; and

(13) Sections 679.625 and 679.626, which deal with the secured party’s liability for failure to comply with this article.

History.—s. 7, ch. 2001-198; s. 160, ch. 2025-92.

Notes of Decisions

Cited in 1 case, 2020–2020 · leading case: Howard & Assocs. Attorneys at Law, P.A. & Timothy Howard v. Providence Capital Holdings, LLC (Fla. 4th DCA 2020).

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

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