Florida Statutes
Fla. Stat. § 679.627 (2025)
Determination of whether conduct was commercially reasonable.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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679.627 Determination of whether conduct was commercially reasonable.—
(1) The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.
(2) A disposition of collateral is made in a commercially reasonable manner if the disposition is made:
(a) In the usual manner on any recognized market;
(b) At the price current in any recognized market at the time of the disposition; or
(c) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.
(3) A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:
(a) In a judicial proceeding;
(b) By a bona fide creditors’ committee;
(c) By a representative of creditors; or
(d) By an assignee for the benefit of creditors.
(4) Approval under subsection (3) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
Notes of Decisions
Cited in 6
cases, 2008–2019 · leading case: Textron Fin. Corp. v. Lentine Marine Inc., 630 F. Supp. 2d 1352 (S.D. Fla. 2009).
Textron Fin. Corp. v. Lentine Marine Inc., 630 F. Supp. 2d 1352 (S.D. Fla. 2009). “In support of its argument, Plaintiff cites § 679.627(1), Florida Statutes. However, that provision states only that The fact that a greater amount could have been obtained by a disposition .”
Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008). “" § 679.627(2)(c), Fla. Stat. (2005). [3] Accordingly, this affidavit was insufficient to establish a prima facie showing that Gelco disposed of the vehicles in conformity with reasonable commercial practices.”
S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56 (Fla. 2d DCA 2011). “” § 679.627(2)(e). *61 Here, CAT’s pleadings and its affidavit in support of its motion for summary judgment specifically alleged that its sales of the repossessed equipment were commercially reasonable.”
Tropical Jewelers Inc. v. Bank of Am., N.A. ex rel. NationsBank, N.A., 19 So. 3d 424 (Fla. 3d DCA 2009). “This statute has been renumbered and is now section 679.627, Florida Statutes (2009).”
Ford Motor Credit Co. LLC v. Thomas Arwine (Fla. 1st DCA 2019). “Disposition of collateral is commercially reasonable if it is made in the usual manner in a recognized market, made at the price current in any recognized market at the time of the disposition, or otherwise in conformity with reasonable practices among dealers in the type of…”
Comerica Bank v. Mann, 13 F. Supp. 3d 1262 (N.D. Ga. 2013). “” Fla. Stat. Ann. § 679.627 (2)(c); see also Gepetto’s Tale O’ the Whale of Fort Lauderdale, Inc.”
— 679.627(1) — 1 case
Textron Fin. Corp. v. Lentine Marine Inc., 630 F. Supp. 2d 1352 (S.D. Fla. 2009). “In support of its argument, Plaintiff cites § 679.627(1), Florida Statutes. However, that provision states only that The fact that a greater amount could have been obtained by a disposition .”
— 679.627(2) — 2 cases
Textron Fin. Corp. v. Lentine Marine Inc., 630 F. Supp. 2d 1352 (S.D. Fla. 2009). “In support of its argument, Plaintiff cites § 679.627(1), Florida Statutes. However, that provision states only that The fact that a greater amount could have been obtained by a disposition .”
Ford Motor Credit Co. LLC v. Thomas Arwine (Fla. 1st DCA 2019). “Disposition of collateral is commercially reasonable if it is made in the usual manner in a recognized market, made at the price current in any recognized market at the time of the disposition, or otherwise in conformity with reasonable practices among dealers in the type of…”
— 679.627(2)(c) — 1 case
Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008). “" § 679.627(2)(c), Fla. Stat. (2005). [3] Accordingly, this affidavit was insufficient to establish a prima facie showing that Gelco disposed of the vehicles in conformity with reasonable commercial practices.”
— 679.627(2)(e) — 1 case
S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56 (Fla. 2d DCA 2011). “” § 679.627(2)(e). *61 Here, CAT’s pleadings and its affidavit in support of its motion for summary judgment specifically alleged that its sales of the repossessed equipment were commercially reasonable.”
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