Fla. Stat. 679.613
Contents and form of notification before disposition of collateral; general


(1)

The contents of a notification of disposition are sufficient if the notification:Describes the debtor and the secured party;Describes the collateral that is the subject of the intended disposition;States the method of intended disposition;States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; andStates the time and place of a public disposition or the time after which any other disposition is to be made.

(a)

Describes the debtor and the secured party;

(b)

Describes the collateral that is the subject of the intended disposition;

(c)

States the method of 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:Information not specified by that paragraph; orMinor errors that are not seriously misleading.

(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)

The following form of notification and the form appearing in s. 679.614(3), when completed, each provides sufficient information:

NOTIFICATION OF DISPOSITIONOF COLLATERAL

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

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

Name of Debtor(s): (Include only if debtor(s) are not an addressee)

[For a public disposition:]

We will sell [or lease or license, as applicable] the (describe collateral) to the highest qualified bidder in public as follows:

Day and Date:Time:Place:

[For a private disposition:]

We will sell [or lease or license, as applicable] the (describe collateral) privately sometime after (day and date) .

You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [or lease or license, as applicable] for a charge of $ . You may request an accounting by calling us at (telephone number) .


Source: Section 679.613 — Contents and form of notification before disposition of collateral; general, https://www.­flsenate.­gov/Laws/Statutes/2024/0679.­613 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 679.613. Contents & form of notification before disposition of collateral; general's source at flsenate​.gov