The Florida Senate

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;

(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:

(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:

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) .

History.--s. 7, ch. 2001-198.