Fla. Stat. 679.628
Nonliability and limitation on liability of secured party; liability of secondary obligor
(1)
Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; andThe secured party’s failure to comply with this chapter does not affect the liability of the person for a deficiency.(a)
The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; and(b)
The secured party’s failure to comply with this chapter does not affect the liability of the person for a deficiency.(2)
A secured party is not liable because of its status as a secured party:To a person who is a debtor or obligor, unless the secured party knows:That the person is a debtor or obligor;
The identity of the person; and
How to communicate with the person; or
To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:That the person is a debtor; and
The identity of the person.
(a)
To a person who is a debtor or obligor, unless the secured party knows:That the person is a debtor or obligor;The identity of the person; andHow to communicate with the person; or(b)
To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:That the person is a debtor; andThe identity of the person.(3)
A secured party is not liable to any person, and a person’s liability for a deficiency is not affected, because of any act or omission arising out of the secured party’s reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party’s belief is based on its reasonable reliance on:A debtor’s representation concerning the purpose for which collateral was to be used, acquired, or held; orAn obligor’s representation concerning the purpose for which a secured obligation was incurred.(a)
A debtor’s representation concerning the purpose for which collateral was to be used, acquired, or held; or(b)
An obligor’s representation concerning the purpose for which a secured obligation was incurred.(4)
A secured party is not liable to any person under s. 679.625(3)(b) for its failure to comply with s. 679.616.(5)
A secured party is not liable under s. 679.625(3)(b) more than once with respect to any one secured obligation.
Source:
Section 679.628 — Nonliability and limitation on liability of secured party; liability of secondary obligor, https://www.flsenate.gov/Laws/Statutes/2024/0679.628 (accessed Aug. 7, 2025).