SECTION 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:

  NOTIFICATION OF DISPOSITION
  OF 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) .

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

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