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2025 Florida Statutes
SECTION 605
Unknown debtor or secondary obligor.
Unknown debtor or secondary obligor.
679.605 Unknown debtor or secondary obligor.—
(1) Except as provided in subsection (2), a secured party does not owe a duty based on its status as secured party:
(a) To a person who is a debtor or obligor, unless the secured party knows:
1. That the person is a debtor or obligor;
2. The identity of the person; and
3. How to communicate with the person; or
(b) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
1. That the person is a debtor; and
2. The identity of the person.
(2) A secured party owes a duty based on its status as 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:
(a) The person is a debtor or obligor; and
(b) The secured party knows that the information relating to the person in subparagraph (1)(a)1., subparagraph (1)(a)2., or subparagraph (1)(a)3. 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.
History.—s. 7, ch. 2001-198; s. 107, ch. 2025-92.