Florida Statutes
Fla. Stat. § 679.611 (2025)
Notification before disposition of collateral.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases, 2008–2017 · leading case: Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008).
Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008). “Burley filed an affidavit in opposition to Gelco's motion, stating, inter alia, that he was entitled to receive notice of the disposition of the vehicles prior to their sale pursuant to section 679.611, Florida Statutes, but had not been provided with that notice.”
S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56 (Fla. 2d DCA 2011). “While this evidence shows that CAT complied with the procedural requirements of section 679.611, it does not bear on the question of whether the sales themselves were conducted in conformity with the reasonable commercial practices among dealers in the industrial earthmoving…”
Element Fin. Corp. v. Marcinkoski Gradall, Inc., 215 So. 3d 1252 (Fla. 4th DCA 2017). “See § 679.611, Fla. Stat. (2005). While Tropical Jewelers and Burley are not persuasive for the disposition of this appeal, they are relevant to show the wrangling courts were required to perform in order to apply to the earlier definition of “debtor.”
— 679.611(1) — 1 case
Element Fin. Corp. v. Marcinkoski Gradall, Inc., 215 So. 3d 1252 (Fla. 4th DCA 2017). “See § 679.611, Fla. Stat. (2005). While Tropical Jewelers and Burley are not persuasive for the disposition of this appeal, they are relevant to show the wrangling courts were required to perform in order to apply to the earlier definition of “debtor.”
— 679.611(2) — 1 case
Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008). “Burley filed an affidavit in opposition to Gelco's motion, stating, inter alia, that he was entitled to receive notice of the disposition of the vehicles prior to their sale pursuant to section 679.611, Florida Statutes, but had not been provided with that notice.”
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