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Florida Statutes, Title XXXIX

Florida/Statutes

← All Florida coverage

Title XXXIX, Commercial Relations

20 chapters · 893 sections in this title.

All chapters in Title XXXIX893 Ch 679, Uniform Commercial Code: Secured Tra…152 Ch 672, Uniform Commercial Code: Sales104 Ch 680, Uniform Commercial Code: Leases82 Ch 673, Uniform Commercial Code: Negotiable …69 Ch 678, Uniform Commercial Code: Investment …53 Ch 684, International Commercial Arbitration49 Ch 683, Legal Holidays; Special Observances45 Ch 677, Uniform Commercial Code: Documents o…42 Ch 674, Uniform Commercial Code: Bank Deposi…41 Ch 670, Uniform Commercial Code: Funds Transfers39 Ch 686, Sales, Distribution, and Franchise R…36 Ch 682, Arbitration Code31 Ch 671, Uniform Commercial Code: General Pro…28 Ch 668, Electronic Commerce27

152 sections·Filtered byTitle XXXIX✕Ch 679✕

Fla. Stat. § 679.523 Information from filing office; sale or license of records
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(1) If a person files a written record, the filing office shall make available, on the database, an image of the record showing the number assigned to the record pursuant to s. 679.519(1)(a) and the date of the filing of the record or, if requested, send to the person a separate …
Fla. Stat. § 679.524 Delay by filing office
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Delay by the filing office beyond a time limit prescribed by this part is excused if:(1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and(2…
Fla. Stat. § 679.525 Processing fees
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(1) Except as otherwise provided in subsection (3), the nonrefundable processing fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in s. 679.5021(3), is:(a) For filing an initial financing statement, $25 for the …
Fla. Stat. § 679.526 Filing-office rules
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The Department of State may adopt and publish rules to administer this chapter. The filing-office rules must be:(1) Consistent with this chapter.(2) Adopted and published in accordance with the Administrative Procedure Act.History.—s. 6, ch. 2001-198.

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Fla. Stat. § 679.527 Florida Secured Transaction Registry

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(1) As used in this section, the term:(a) The “Florida Secured Transaction Registry” or “registry” means the centralized database in which all initial financing statements, amendments, assignments, and other statements of change authorized to be filed under this chapter are filed…

Fla. Stat. § 679.601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes

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(1) After default, a secured party has the rights provided in this part and, except as otherwise provided in s. 679.602, those provided by agreement of the parties. A secured party:(a) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, o…

Fla. Stat. § 679.602 Waiver and variance of rights and duties

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Except as otherwise provided in s. 679.624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:(1) Section 679.2071(2)(d)3., which deals wit…

Fla. Stat. § 679.603 Agreement on standards concerning rights and duties

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(1) The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in s. 679.602 if the standards are not manifestly unreasonable.(2) Subsection (1) does not apply to the du…

Fla. Stat. § 679.604 Procedure if security agreement covers real property or fixtures

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(1) If a security agreement covers both personal and real property, a secured party may proceed:(a) Under this part as to the personal property without prejudicing any rights with respect to the real property; or(b) As to both the personal property and the real property in accord…

Fla. Stat. § 679.605 Unknown debtor or secondary obligor

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(1) Except as provided in subsection (2), a secured party does not owe a duty based on its status as secured party:(a) To a person who is a debtor or obligor, unless the secured party knows:1. That the person is a debtor or obligor;2. The identity of the person; and3. How to comm…

Fla. Stat. § 679.606 Time of default for agricultural lien

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For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.History.—s. 7, ch. 2001-198.

Fla. Stat. § 679.607 Collection and enforcement by secured party

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(1) If so agreed, and in any event after default, a secured party:(a) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;(b) May take any proceeds to which the secured par…

Fla. Stat. § 679.608 Application of proceeds of collection or enforcement; liability for deficiency and right to surplus

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(1) If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:(a) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under s. 679.607 in the following order to:1. The …

Fla. Stat. § 679.609 Secured party’s right to take possession after default

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(1) After default, a secured party:(a) May take possession of the collateral; and(b) Without removal, may render equipment unusable and dispose of collateral on a debtor’s premises under s. 679.610.(2) A secured party may proceed under subsection (1):(a) Pursuant to judicial proc…

Fla. Stat. § 679.610 Disposition of collateral after default

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(1) After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.(2) Every aspect of a disposition of collateral, including the method, man…

Fla. Stat. § 679.611 Notification before disposition of collateral

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(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 a…

Fla. Stat. § 679.612 Timeliness of notification before disposition of collateral

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(1) Except as otherwise provided in subsection (2), whether a notification is sent within a reasonable time is a question of fact.(2) A notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent…

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

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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;(c) S…

Fla. Stat. § 679.614 Contents and form of notification before disposition of collateral; consumer-goods transaction

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In a consumer-goods transaction, the following rules apply:(1) A notification of disposition must provide the following information:(a) The information specified in s. 679.613(1);(b) A description of any liability for a deficiency of the person to whom the notification is sent;(c…

Fla. Stat. § 679.615 Application of proceeds of disposition; liability for deficiency and right to surplus

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(1) A secured party shall apply or pay over for application the cash proceeds of disposition under s. 679.610 in the following order to:(a) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the extent provided for by agree…

Fla. Stat. § 679.616 Explanation of calculation of surplus or deficiency

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(1) In this section, the term:(a) “Explanation” means a record that:1. States the amount of the surplus or deficiency;2. Provides an explanation in accordance with subsection (3) of how the secured party calculated the surplus or deficiency;3. States, if applicable, that future d…

Fla. Stat. § 679.617 Rights of transferee of collateral

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(1) A secured party’s disposition of collateral after default:(a) Transfers to a transferee for value all of the debtor’s rights in the collateral;(b) Discharges the security interest under which the disposition is made; and(c) Discharges any subordinate security interest or othe…

Fla. Stat. § 679.618 Rights and duties of certain secondary obligors

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(1) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:(a) Receives an assignment of a secured obligation from the secured party;(b) Receives a transfer of collateral from the secured party and agre…

Fla. Stat. § 679.619 Transfer of record or legal title

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(1) In this section, the term “transfer statement” means a record signed by a secured party stating:(a) That the debtor has defaulted in connection with an obligation secured by specified collateral;(b) That the secured party has exercised its post-default remedies with respect t…

Fla. Stat. § 679.620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral

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(1) Except as otherwise provided in subsection (7), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:(a) The debtor consents to the acceptance under subsection (3);(b) The secured party does not receive, within the time se…

Fla. Stat. § 679.621 Notification of proposal to accept collateral

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(1) A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to:(a) Any person from whom the secured party has received, before the debtor consented to the acceptance, a signed notification of a claim o…

Fla. Stat. § 679.622 Effect of acceptance of collateral

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(1) A secured party’s acceptance of collateral in full or partial satisfaction of the obligation it secures:(a) Discharges the obligation to the extent consented to by the debtor;(b) Transfers to the secured party all of a debtor’s rights in the collateral;(c) Discharges the secu…

Fla. Stat. § 679.623 Right to redeem collateral

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(1) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.(2) To redeem collateral, a person shall tender:(a) Fulfillment of all obligations secured by the collateral; and(b) The reasonable expenses and attorney’s fees described in s. 679…

Fla. Stat. § 679.624 Waiver

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(1) A debtor or secondary obligor may waive the right to notification of disposition of collateral under s. 679.611 only by an agreement to that effect entered into and signed after default.(2) A debtor may waive the right to require disposition of collateral under s. 679.620(5) …

Fla. Stat. § 679.625 Remedies for failure to comply with article

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(1) If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. This subsection does not preclude a debtor other than a consum…

Fla. Stat. § 679.626 Action in which deficiency or surplus is in issue

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In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply:(1) A secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the …

Fla. Stat. § 679.627 Determination of whether conduct was commercially reasonable

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(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 th…

Fla. Stat. § 679.628 Nonliability and limitation on liability of secured party; liability of secondary obligor

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(1) Subject to subsection (6), 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:(a) The secured party is not liable to the person, or to a secured party or lienholder that has filed a…

Fla. Stat. § 679.701 Effective date

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This part takes effect January 1, 2002.History.—s. 8, ch. 2001-198.

Fla. Stat. § 679.702 Saving clause

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(1) Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act takes effect.(2) Except as otherwise provided in subsection (3) and ss. 679.703-679.709:(a) Trans…

Fla. Stat. § 679.703 Security interest perfected before effective date

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(1) A security interest that is enforceable immediately before this act takes effect and would have priority over the rights of a person who becomes a lien creditor at that time is a perfected security interest under this act if, when this act takes effect, the applicable require…

Fla. Stat. § 679.704 Security interest unperfected before effective date

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A security interest that is enforceable immediately before this act takes effect but that would be subordinate to the rights of a person who becomes a lien creditor at that time:(1) Remains an enforceable security interest for 1 year after this act takes effect;(2) Remains enforc…

Fla. Stat. § 679.705 Effectiveness of action taken before effective date

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(1) If action, other than the filing of a financing statement, is taken before this act takes effect and the action would have resulted in priority of a security interest over the rights of a person who becomes a lien creditor had the security interest become enforceable before t…

Fla. Stat. § 679.706 When initial financing statement suffices to continue effectiveness of financing statement

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(1) The filing of an initial financing statement in the office specified in s. 679.5011 continues the effectiveness of a financing statement filed before this act takes effect if:(a) The filing of an initial financing statement in that office would be effective to perfect a secur…

Fla. Stat. § 679.707 Amendment or pre-effective date financing statement

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(1) In this section, the term “pre-effective date financing statement” means a financing statement filed before this act takes effect.(2) After this act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend …

Fla. Stat. § 679.708 Persons entitled to file initial financing statement or continuation statement

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A person may file an initial financing statement or a continuation statement under this part if:(1) The secured party of record authorizes the filing; and(2) The filing is necessary under this part:(a) To continue the effectiveness of a financing statement filed before this act t…

Fla. Stat. § 679.709 Priority

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(1) This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this act takes effect, chapter 679, Florida Statutes 2000, determines priority.(2) For purposes of s. 679.322(1), the priority of a …

Fla. Stat. § 679.801 Saving clause

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(1) Except as otherwise provided in this part, this part applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013.(2) The amendments to this chapter by ch. 2012-59, Laws of Florida, do not affect an action,…

Fla. Stat. § 679.802 Security interest perfected before effective date

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(1) A security interest that is a perfected security interest immediately before July 1, 2013, is a perfected security interest under this chapter, as amended by ch. 2012-59, Laws of Florida, on July 1, 2013, if the applicable requirements for attachment and perfection under this…

Fla. Stat. § 679.803 Security interest unperfected before effective date

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A security interest that is an unperfected security interest immediately before July 1, 2013, becomes a perfected security interest:(1) Without further action, on July 1, 2013, if the applicable requirements for perfection under this chapter, as amended by ch. 2012-59, Laws of Fl…

Fla. Stat. § 679.804 Effectiveness of action taken before effective date

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(1) The filing of a financing statement before July 1, 2013, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this chapter, as amended by ch. 2012-59, Laws of Florida.(2) The amendments to this cha…

Fla. Stat. § 679.805 When initial financing statement suffices to continue effectiveness of financing statement

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(1) The filing of an initial financing statement in the office specified in s. 679.5011 continues the effectiveness of a financing statement filed before July 1, 2013, if:(a) The filing of an initial financing statement in that office would be effective to perfect a security inte…

Fla. Stat. § 679.806 Amendment of financing statement filed before July 1, 2013

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(1) On or after July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a financing statement only filed before July 1, 2013, in accordance with the law of the jurisdiction governi…

Fla. Stat. § 679.807 Person entitled to file initial financing statement or continuation statement

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A person may file an initial financing statement or a continuation statement under this part if:(1) The secured party of record authorizes the filing; and(2) The filing is necessary under this part:(a) To continue the effectiveness of a financing statement filed before July 1, 20…

Fla. Stat. § 679.808 Priority

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This part and the amendments to this chapter made by ch. 2012-59, Laws of Florida, determine the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, this chapter as it existed before July 1, 2013, d…