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;
(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.
...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....
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.
