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2025 Florida Statutes

Title XXXIX COMMERCIAL RELATIONS
Chapter 679 UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS Entire Chapter
SECTION 614
Contents and form of notification before disposition of collateral; consumer-goods transaction.
F.S. 679.614
679.614 Contents and form of notification before disposition of collateral; consumer-goods transaction.—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) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under s. 679.623 is available; and
(d) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available.
(2) A particular phrasing of the notification is not required.
(3)(a) The following form of notification, when completed in accordance with the instructions set forth in paragraph (b), provides sufficient information:

  (Name and address of secured party)  

  (Date)  

NOTICE OF OUR PLAN TO SELL PROPERTY

  (Name and address of any obligor who is also a debtor)  

Subject:  (Identify Transaction)  

We have your   (describe collateral)  , because you broke promises in our agreement.

Item 1. We will sell   (describe collateral)   at public sale. A sale could include a lease or license. The sale will be held as follows:

Date:

Time:

Place:

You may attend the sale and bring bidders.

Item 2. We will sell   (describe collateral)   at private sale sometime after   (date)  . A sale could include a lease or license.

Item 3. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you   (will or will not, as applicable)   still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else.

Item 4. You can get the property back at any time before we sell it by paying us the full amount you owe, not just the past due payments, including our expenses. To learn the exact amount you must pay, call us at   (telephone number)  .

Item 5. If you want us to explain to you   (in writing or in description of electronic record)   how we have figured the amount that you owe us, Item 6. call us at   (telephone number)  , write us at   (secured party’s address)  , or contact us by   (description of electronic communication method)   Item 7. and request a written explanation, an explanation in   (description of electronic record)  .

Item 8. We will charge you $  for the explanation if we sent you another written explanation of the amount you owe us within the last 6 months.

Item 9. If you need more information about the sale, call us at   (telephone number)  , write us at   (secured party’s address)  , or contact us by   (description of electronic communication method)  .

Item 10. We are sending this notice to the following other people who have an interest in   (describe collateral)   or who owe money under your agreement:

  (Names of all other debtors and obligors, if any)  

(b) The following instructions apply to the form of notification in paragraph (a):
1. The instructions in this paragraph refer to the numbers before items in the form of notification in paragraph (a). Do not include the numbers in the notification. The numbers are used only for the purpose of these instructions.
2. Include and complete either Item 1, if the notification relates to a public disposition of the collateral, or Item 2, if the notification relates to a private disposition of the collateral.
3. Include and complete Items 3-7.
4. In Item 5, include and complete any one of the three alternative methods for the explanation identified in paragraph (a).
5. In Item 6, include the telephone number. In addition, the sender may include and complete either or both of the two additional alternative methods of communication identified in paragraph (a) for the recipient of the notification to communicate with the sender. Neither of the two additional methods of communication is required to be included.
6. In Item 7, include and complete the method or methods for the explanation—writing, writing or electronic record, or electronic record—included in Item 5.
7. Include and complete Item 8 only if a written explanation is included in Item 5 as a method for communicating the explanation and the sender will charge the recipient for another written explanation.
8. In Item 9, include either the telephone number or the address, or both. In addition, the sender may include and complete the additional method of communication identified in paragraph (a) for the recipient of the notification to communicate with the sender. The additional method of electronic communication is not required to be included.
9. If Item 10 does not apply, insert “None” after “agreement:.”
(4) A notification in the form of subsection (3) is sufficient, even if additional information appears at the end of the form.
(5) A notification in the form of subsection (3) is sufficient, even if it includes errors in information not required by subsection (1), unless the error is misleading with respect to rights arising under this chapter.
(6) If a notification under this section is not in the form of subsection (3), law other than this chapter determines the effect of including information not required by subsection (1).
History.—s. 7, ch. 2001-198; s. 111, ch. 2025-92.