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Florida Statute 679.604 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
F.S. 679.604
679.604 Procedure if security agreement covers real property or fixtures.
(1) If a security agreement covers both personal and real property, a secured party may proceed:
(a) Under this part as to the personal property without prejudicing any rights with respect to the real property; or
(b) As to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.
(2) Subject to subsection (3), if a security agreement covers goods that are or become fixtures, a secured party may proceed:
(a) Under this part; or
(b) In accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.
(3) Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property. The secured party shall give reasonable notification of its intent to remove the collateral to all persons entitled to reimbursement under subsection (4).
(4) A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse. This subsection does not prohibit a secured party and the person entitled to reimbursement from entering into an authenticated record providing for the removal of fixtures and reimbursement for any damage caused thereby.
History.s. 7, ch. 2001-198.

F.S. 679.604 on Google Scholar

F.S. 679.604 on Casetext

Amendments to 679.604


Arrestable Offenses / Crimes under Fla. Stat. 679.604
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.604.



Annotations, Discussions, Cases:

Cases Citing Statute 679.604

Total Results: 1

Indian River Auto Parts, LLC v. Branch Banking & Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2013-09-25

Citation: 121 So. 3d 663, 2013 WL 5334187, 2013 Fla. App. LEXIS 15120

Snippet: PER CURIAM. Affirmed. See § 679.604(1)(b), Fla. Stat. (2012). WARNER, CIKLIN and GERBER, JJ., concur