Fla. Stat. § 679.609

Secured party’s right to take possession after default

Known as the Uniform Commercial Code

The act spans §§ 679.1011 to 679.902 (152 sections).

Applied in 1 court decision — leading case Comerica Bank v. Mann (2013)

Most recently applied in Comerica Bank v. Mann (September 2013)

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

(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 process; or

(b) Without judicial process, if it proceeds without breach of the peace.

(3) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.

Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.