Florida Statutes

Fla. Stat. § 679.613 (2025)

Contents and form of notification before disposition of collateral; general.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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679.613 Contents and form of notification before disposition of collateral; general.—Except in a consumer-goods transaction, the following rules apply:

(1) The contents of a notification of disposition are sufficient if the notification:

(a) Describes the debtor and the secured party;

(b) Describes the collateral that is the subject of the intended disposition;

(d) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and

(e) States the time and place of a public disposition or the time after which any other disposition is to be made.

(2) Whether the contents of a notification that lacks any of the information specified in subsection (1) are nevertheless sufficient is a question of fact.

(3) The contents of a notification providing substantially the information specified in subsection (1) are sufficient, even if the notification includes:

(a) Information not specified by that paragraph; or

(b) Minor errors that are not seriously misleading.

(4) A particular phrasing of the notification is not required.

(5)(a) The following form of notification and the form appearing in s. 679.614(3)(a), when completed in accordance with the instructions in paragraph (b), each provides sufficient information:

NOTIFICATION OF DISPOSITION
OF COLLATERAL

To: (Name of debtor, obligor, or other person to which the notification is sent)

From: (Name, address, and telephone number of secured party)

Item 1. Name of any debtor that is not an addressee: (Name of each debtor)

Item 2. We will sell (describe collateral) to the highest qualified bidder at public sale. A sale could include a lease or a license. The sale will be held as follows:

Day and Date:
Time:
Place:

Item 3. We will sell (describe collateral) at a private sale sometime after ( date) . A sale could include a lease or a license.

Item 4. You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell or, as applicable, lease or license.

Item 5. If you request an accounting, you must pay a charge of $ .

Item 6. You may request an accounting by calling us at (telephone number) .

(b) The following instructions apply to the form set forth in paragraph (a):

1. Do not include the item numbers in the notification, as they are used only for the purpose of clarification.

2. Include and complete Item 1 only if there is a debtor that is not an addressee of the notification and list the name or names.

3. Include and complete either Item 2, if the notification relates to a public disposition of the collateral, or Item 3, if the notification relates to a private disposition of the collateral. If Item 2 is completed, include the words “to the highest qualified bidder” only if applicable.

4. Include and complete Items 4 and 6.

5. Include and complete Item 5 only if the sender will charge the recipient for an accounting.

History.—s. 7, ch. 2001-198; s. 110, ch. 2025-92.

Notes of Decisions

Cited in 4 cases, 2007–2013 · leading case: Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008).

Sort: Relevance Newest Treatment

Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008). · cites it 4× “Section 679.613 prescribes the contents and form of the notification for non-consumer goods (such as the business vehicles at issue in this case).”

Muro v. Hermanos Auto Wholesalers, Inc., 514 F. Supp. 2d 1343 (S.D. Fla. 2007). · cites it 2× “614 provides that prior to disposition of a repossessed consumer good, the secured party must provide the debtor with the following: (a) The information specified in § 679.613(1) [described below]; (b) A description of any liability for a deficiency of the person to whom the…”

Jackson v. S. Auto Fin. Co., 988 So. 2d 721 (Fla. 4th DCA 2008). “614(l)(a) and section 679.613(1), such as whether the sale was public or private, or where or when the sale would be held.”

Comerica Bank v. Mann, 13 F. Supp. 3d 1262 (N.D. Ga. 2013). · cites it 5× “Comerica contends that it expressly provided written notice of disposition, as required under Fla. Stat. Ann. § 679.613 , either in McLaughlin’s May 21, 2009 or November 14, 2008 correspondence to Mann.”

— 679.613(1) — 2 cases

Muro v. Hermanos Auto Wholesalers, Inc., 514 F. Supp. 2d 1343 (S.D. Fla. 2007). “614 provides that prior to disposition of a repossessed consumer good, the secured party must provide the debtor with the following: (a) The information specified in § 679.613(1) [described below]; (b) A description of any liability for a deficiency of the person to whom the…”

Jackson v. S. Auto Fin. Co., 988 So. 2d 721 (Fla. 4th DCA 2008). “614(l)(a) and section 679.613(1), such as whether the sale was public or private, or where or when the sale would be held.”

— 679.613(1)(e) — 1 case

Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008). “Section 679.613 prescribes the contents and form of the notification for non-consumer goods (such as the business vehicles at issue in this case).”

— 679.613(2) — 1 case

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