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Florida Statute 679.611 - Full Text and Legal Analysis
Florida Statute 679.611 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
F.S. 679.611
679.611 Notification before disposition of collateral.
(1) In this section, the term “notification date” means the earlier of the date on which:
(a) A secured party sends to the debtor and any secondary obligor a signed notification of disposition; or
(b) The debtor and any secondary obligor waive the right to notification.
(2) Except as otherwise provided in subsection (4), a secured party that disposes of collateral under s. 679.610 shall send to the persons specified in subsection (3) a reasonable signed notification of disposition.
(3) To comply with subsection (2), the secured party shall send a signed notification of disposition to:
(a) The debtor;
(b) Any secondary obligor; and
(c) If the collateral is other than consumer goods:
1. Any other person from whom the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;
2. Any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
a. Identified the collateral;
b. Was indexed under the debtor’s name as of that date; and
c. Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and
3. Any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in s. 679.3111(1).
(4) Subsection (2) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.
(5) A secured party complies with the requirement for notification prescribed by subparagraph (3)(c)2. if:
(a) Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor’s name in the office indicated in subparagraph (3)(c)2.; and
(b) Before the notification date, the secured party:
1. Did not receive a response to the request for information; or
2. Received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.
(6) For purposes of subsection (3), the secured party may send the signed notification as follows:
(a) If the collateral is other than consumer goods, to the debtor at the address in the financing statement, unless the secured party has received a signed record from the debtor notifying the secured party of a different address for such notification purposes or the secured party has actual knowledge of the address of the debtor’s chief executive office or principal residence, as applicable, at the time the notification is sent;
(b) If the collateral is other than consumer goods, to any secondary obligor at the address, if any, in the signed agreement, unless the secured party has received a signed record from the secondary obligor notifying the secured party of a different address for such notification purposes or the secured party has actual knowledge of the address of the secondary obligor’s chief executive office or principal residence, as applicable, at the time the notification is sent; and
(c) If the collateral is other than consumer goods:
1. To the person described in subparagraph (3)(c)1., at the address stated in the notification;
2. To the person described in subparagraph (3)(c)2., at the address stated in the financing statement;
3. To the person described in subparagraph (3)(c)3., at the address stated in the official records of the recording or registration agency.
History.s. 7, ch. 2001-198; s. 109, ch. 2025-92.

F.S. 679.611 on Google Scholar

F.S. 679.611 on CourtListener

Amendments to 679.611


Annotations, Discussions, Cases:

Cases Citing Statute 679.611

Total Results: 3

Southern Developers & Earthmoving, Inc. v. Caterpillar Financial Services Corp.

56 So. 3d 56, 2011 Fla. App. LEXIS 2216, 2011 WL 637332

District Court of Appeal of Florida | Filed: Feb 23, 2011 | Docket: 60298603

Cited 5 times | Published

complied with the procedural requirements of section 679.611, it does not bear on the question of whether

Burley v. Gelco Corp.

976 So. 2d 97, 2008 WL 534816

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 1680463

Cited 2 times | Published

the vehicles prior to their sale pursuant to section 679.611, Florida Statutes, but had not been provided

Element Financial Corp. v. Marcinkoski Gradall, Inc.

215 So. 3d 1252, 92 U.C.C. Rep. Serv. 2d (West) 336, 2017 WL 1175879, 2017 Fla. App. LEXIS 4194

District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 60264592

Published

1021(1)(bb), (sss), (yyy), Fla. Stat. (2005); see also § 679.611(1), (2), Fla. Stat. (2005). Burley, *1256the guarantor