{"data":{"id":"us-fl/fla.-stat.-679.628","jurisdiction":"us-fl","citation":"Fla. Stat. § 679.628","heading":"Nonliability and limitation on liability of secured party; liability of secondary obligor.","body":"(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:\n(a) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; and\n(b) The secured party’s failure to comply with this chapter does not affect the liability of the person for a deficiency.\n(2) Subject to subsection (6), a secured party is not liable because of its status as a secured party:\n(a) To a person who is a debtor or obligor, unless the secured party knows:\n1. That the person is a debtor or obligor;\n2. The identity of the person; and\n3. How to communicate with the person; or\n(b) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:\n1. That the person is a debtor; and\n2. The identity of the person.\n(3) A secured party is not liable to any person, and a person’s liability for a deficiency is not affected, because of any act or omission arising out of the secured party’s reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party’s belief is based on its reasonable reliance on:\n(a) A debtor’s representation concerning the purpose for which collateral was to be used, acquired, or held; or\n(b) An obligor’s representation concerning the purpose for which a secured obligation was incurred.\n(4) A secured party is not liable to any person under s. 679.625(3)(b) for its failure to comply with s. 679.616.\n(5) A secured party is not liable under s. 679.625(3)(b) more than once with respect to any one secured obligation.\n(6) Subsections (1) and (2) do not apply to limit the liability of a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later:\n(a) The person is a debtor or obligor; and\n(b) The secured party knows that the information in subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph (2)(a)3., relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.\nHistory.—s. 7, ch. 2001-198; s. 119, ch. 2025-92.","path":["CHAPTER 679 UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS"],"source_url":"https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute\u0026URL=0600-0699/0679/0679.html","current_through":"2026 Florida Statutes","vintage":"","retrieved_at":"2026-08-27T02:11:57Z","sha256":"8f18089dfb7ed271a72dcb6c3f268a6607e1e3aa77c8d11ba6a2ca5c6bdcd948","source_id":"us-fl","stale":false,"prev":"us-fl/fla.-stat.-679.627","next":"us-fl/fla.-stat.-679.701"},"notice":"GroundRules: Original legal text. Not legal advice."}