The Florida Senate

679.208  Request for statement of account or list of collateral.--

(1)  A debtor may sign a statement indicating what she or he believes to be the aggregate amount of unpaid indebtedness as of a specified date and may send it to the secured party with a request that the statement be approved or corrected and returned to the debtor. When the security agreement or any other record kept by the secured party identifies the collateral a debtor may similarly request the secured party to approve or correct a list of the collateral.

(2)  The secured party must comply with such a request within 2 weeks after receipt by sending a written correction or approval. If the secured party claims a security interest in all of a particular type of collateral owned by the debtor the secured party may indicate that fact in her or his reply and need not approve or correct an itemized list of such collateral. If the secured party without reasonable excuse fails to comply she or he is liable for any loss caused to the debtor thereby; and if the debtor has properly included in her or his request a good faith statement of the obligation or a list of the collateral or both the secured party may claim a security interest only as shown in the statement against persons misled by her or his failure to comply. If the secured party no longer has an interest in the obligation or collateral at the time the request is received she or he must disclose the name and address of any successor in interest known to her or him and she or he is liable for any loss caused to the debtor as a result of failure to disclose. A successor in interest is not subject to this section until a request is received by her or him.

(3)  A debtor is entitled to such a statement once every 6 months without charge. The secured party may require payment of a charge not exceeding $10 for each additional statement furnished.

History.--s. 1, ch. 65-254; s. 684, ch. 97-102.

Note.--s. 9-208, U.C.C.; supersedes s. 698.03.