Notice of Default (Florida)

NOTICE OF DEFAULT AND DEMAND FOR CURE (FLORIDA)

Formal contractual default notice under Florida law, designed to trigger contractual cure rights, preserve enforcement remedies (including acceleration, self-help, replevin, and judicial foreclosure), comply with statutory notice requirements, and toll or restart the five-year statute of limitations under Fla. Stat. § 95.11(2)(b).

[NOTIFYING PARTY NAME]
[Address]
[City, Florida, ZIP]
Telephone: [(___) ___-____]
Email: [________________________________]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND EMAIL
(and by any additional method required by Section [____] of the Agreement)

[__/__/____]

[DEFAULTING PARTY NAME]
[Address]
[City, State ZIP]
Email: [________________________________]
(and to any additional addresses specified in the Agreement or required by statute)

Re: NOTICE OF DEFAULT AND DEMAND FOR CURE
Agreement: [________________________________] dated [__/__/____] (the "Agreement")

1. NOTICE

PLEASE TAKE NOTICE that [NOTIFYING PARTY LEGAL NAME] ("Notifying Party"), pursuant to Section [____] of the above-referenced Agreement and applicable Florida law, hereby formally notifies [DEFAULTING PARTY LEGAL NAME] ("Defaulting Party") that Defaulting Party is in material default of its obligations under the Agreement. This Notice is provided in accordance with the notice provisions in Section [____] of the Agreement.

2. BACKGROUND

The Agreement. On [__/__/____], Notifying Party and Defaulting Party entered into the Agreement, pursuant to which Defaulting Party agreed to [summarize core obligations]. The Agreement is governed by Florida law and is enforceable as a written contract subject to a five-year statute of limitations under Fla. Stat. § 95.11(2)(b).

Defaulting Party's Obligations. Under the Agreement, Defaulting Party is obligated to, among other things:

a. [Obligation 1 - reference Agreement section]
b. [Obligation 2]
c. [Obligation 3]
d. [Obligation 4]

3. EVENTS OF DEFAULT

Notifying Party hereby identifies the following specific Events of Default by Defaulting Party, each of which constitutes a material breach under the Agreement and Florida common law:

A. Default No. 1 - [Type of Default]

Description: [Describe with specificity, including dates, amounts, communications, and exhibits.]

Agreement Section Violated: Section [____]

Date First Occurring: [__/__/____]

Dollar Amount (if monetary): $[____________]

B. Default No. 2 - [Type of Default]

[Same structure as above.]

C. Default No. 3 - [Type of Default]

[Same structure as above.]

4. TYPE-SPECIFIC FLORIDA REQUIREMENTS

(Check applicable box(es) and include corresponding statutory notice language.)

☐ Monetary Default (General)

Defaulting Party owes $[____________] in past-due amounts, plus interest accruing at [____]% per annum (contractual rate) or, if no rate is specified, the Florida legal rate of interest under Fla. Stat. § 687.01 and § 55.03 as published quarterly by the Florida Chief Financial Officer.

☐ Commercial Tenancy Default (Non-Residential)

This Notice is provided pursuant to Fla. Stat. § 83.20, which governs non-residential tenancies. Florida law requires that a non-residential landlord give the tenant written notice to (a) pay rent or vacate within three (3) days (excluding Saturdays, Sundays, and legal holidays) or (b) cure a non-monetary default within the period specified in the lease. If Defaulting Party fails to pay all rent owed by [__/__/____], Notifying Party will commence eviction proceedings under Fla. Stat. § 83.21.

☐ Residential Tenancy Default

This Notice is provided pursuant to Fla. Stat. § 83.56, the Florida Residential Landlord-Tenant Act. Tenant has three (3) days (excluding Saturdays, Sundays, and legal holidays) from the date of service to pay the past-due rent of $[____________] or deliver possession. Failure to do so will result in eviction proceedings under Fla. Stat. § 83.59.

☐ Mortgage Default (Commercial or Non-Owner-Occupied)

This Notice is provided pursuant to the acceleration and default provisions in the mortgage recorded at Official Records Book [____], Page [____], of the Public Records of [________________________________] County, Florida, and Fla. Stat. Ch. 702. Defaulting Party is in default in the amount of $[____________]. Failure to cure within the period specified in the mortgage (typically thirty (30) days) will result in acceleration of the entire unpaid balance and commencement of judicial foreclosure proceedings under Fla. Stat. Ch. 702, which may also include a claim for deficiency judgment under Fla. Stat. § 702.06.

☐ Secured Transaction Default (UCC Article 9)

Pursuant to Fla. Stat. Ch. 679 (Florida UCC Article 9), Notifying Party, as the secured party, provides notice that Defaulting Party (debtor) is in default under the Security Agreement dated [__/__/____]. Upon continued default, Notifying Party may exercise all rights and remedies of a secured party under §§ 679.601-679.628, including repossession (with or without judicial process, if accomplished without breach of the peace, under § 679.609), sale or other disposition of collateral (§ 679.610), and recovery of a deficiency (§ 679.615). A statutorily compliant "Notice of Disposition of Collateral" will be provided separately under § 679.611 prior to any sale.

☐ Promissory Note Default (UCC Article 3)

Pursuant to Fla. Stat. Ch. 673, Notifying Party, as holder of the Promissory Note dated [__/__/____] in the original principal amount of $[____________], hereby demands immediate payment of the accelerated balance pursuant to the acceleration clause in Section [____] of the Note. Total due: $[____________] principal, plus $[____________] accrued interest through [__/__/____], plus per diem interest of $[____________] from that date through payment.

☐ UCC Article 2 Goods Sale Default

Pursuant to Fla. Stat. § 672.609, Notifying Party demands adequate assurance of due performance from Defaulting Party within thirty (30) days. Failure to provide such assurance will be treated as repudiation under Fla. Stat. § 672.610, entitling Notifying Party to all buyer's or seller's remedies under §§ 672.703-672.725.

☐ Construction Contract Default

Notifying Party reserves all rights under Florida's Construction Lien Law, Fla. Stat. Ch. 713, including preserving lien rights by filing a Claim of Lien within ninety (90) days of last furnishing. To the extent applicable, Notifying Party also invokes prompt-payment remedies under Fla. Stat. §§ 218.735 (public projects) and 715.12 (private projects), including interest at 2% per month on late construction payments.

5. CURE PERIOD

Pursuant to Section [____] of the Agreement (cure period provision) and applicable Florida law, Defaulting Party has [____] days from the date of receipt of this Notice (the "Cure Period") to:

1. Pay all past-due amounts totaling $[____________], plus interest accrued through the date of cure at the applicable rate;

2. Perform the non-monetary obligations identified in Section 3 above;

3. Provide written assurance of continued compliance with all Agreement obligations;

4. Reimburse Notifying Party's reasonable costs incurred to date, including attorney's fees as permitted under the Agreement (made reciprocal by Fla. Stat. § 57.105(7)); and

5. Deliver to Notifying Party a written certification of cure signed by an authorized representative under penalty of perjury pursuant to Fla. Stat. § 92.525.

The Cure Period expires at 5:00 p.m. Eastern on [__/__/____].

6. CONSEQUENCES OF FAILURE TO CURE

If Defaulting Party fails to cure all defaults within the Cure Period, Notifying Party will, without further notice, exercise any and all available rights and remedies, including:

1. Termination of the Agreement under Section [____];

2. Acceleration of all amounts owed, making the entire balance immediately due and payable;

3. Filing suit in the Circuit Court in and for [________________________________] County, Florida (or federal court sitting in Florida, if jurisdictional requirements are met), seeking judgment for the full amount due, specific performance, injunctive relief, and declaratory relief under Fla. Stat. Ch. 86;

4. Recovery of attorney's fees and costs pursuant to the Agreement and Fla. Stat. § 57.105(7);

5. Prejudgment interest from the date of breach under Fla. Stat. § 55.03;

6. Pursuit of all remedies under applicable Florida UCC articles (Chs. 672, 673, 679, 680);

7. Exercise of self-help remedies where authorized (e.g., UCC § 679.609 peaceable repossession);

8. Mechanic's or construction lien under Fla. Stat. Ch. 713 (if applicable);

9. Recording of judgment liens on non-homestead personal property under Fla. Stat. §§ 55.202-55.209 and on real property under § 55.10;

10. Writs of execution, attachment, garnishment, and replevin under Fla. Stat. Chs. 56, 76, 77, and 78;

11. Proposal for settlement under Fla. Stat. § 768.79 and Fla. R. Civ. P. 1.442, triggering fee-shifting rights upon rejection; and

12. All other remedies at law or in equity.

7. PRESERVATION OF RIGHTS

7.1 No Waiver. Neither this Notice nor any delay or forbearance in enforcement constitutes a waiver of any right, claim, or remedy. Notifying Party expressly reserves all rights under the Agreement, Florida statutes, and Florida common law.

7.2 Additional Defaults. The Events of Default identified herein are not exhaustive. Notifying Party reserves the right to allege additional defaults as they are discovered or occur.

7.3 Prior Payments. Any payment made after receipt of this Notice shall be applied first to costs and fees, then to accrued interest, and then to principal, notwithstanding any contrary designation by Defaulting Party, unless otherwise required by the Agreement. Acceptance of a partial payment is not a waiver of continuing default.

7.4 Tolling and Acknowledgment. Under Fla. Stat. § 95.04, any written acknowledgment or promise to pay (including any partial payment) will restart the five-year limitations period for actions on written contracts.

8. LITIGATION HOLD NOTICE

Defaulting Party is hereby directed to preserve all documents, electronically stored information (ESI), emails, text messages, voicemails, chat logs, accounting records, and tangible evidence relating to the Agreement and the Events of Default. Any spoliation will be met with appropriate sanctions motions under Florida law, including adverse inference instructions. Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005).

9. GOVERNING LAW AND VENUE

9.1 This Notice is governed by Florida law and the Agreement.

9.2 Exclusive venue for any dispute is the Circuit Court (or County Court, as jurisdictional limits under Fla. Stat. § 34.01 may allow) in and for [________________________________] County, Florida, pursuant to Section [____] of the Agreement and Fla. Stat. § 47.011 et seq.

10. COMMUNICATIONS

All communications regarding this Notice should be directed to:

[________________________________]
[Name / Title]
[Phone] / [Email]

If Defaulting Party is represented by counsel regarding this matter, Defaulting Party is directed to forward this Notice to counsel and have counsel contact the undersigned promptly.

Notifying Party:

[________________________________]

By: [________________________________]
Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT OF RECEIPT (Optional)

Defaulting Party hereby acknowledges receipt of this Notice on the date indicated below. This acknowledgment is solely for the purpose of confirming delivery and does not constitute an admission of the validity of any of the asserted defaults or a waiver of any defenses.

Signature: [________________________________]
Print Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

Sources and References

• Fla. Stat. § 95.11(2)(b) - 5-year SOL, written contracts
• Fla. Stat. § 95.04 - Acknowledgment restarting limitations
• Fla. Stat. Chs. 672, 673, 679, 680 - Florida UCC Articles 2, 3, 9, 2A
• Fla. Stat. § 83.20 et seq. - Commercial tenancies
• Fla. Stat. § 83.40 et seq. - Florida Residential Landlord-Tenant Act
• Fla. Stat. § 83.56 - Residential tenancy default notice
• Fla. Stat. Ch. 702 - Foreclosure procedure
• Fla. Stat. § 702.06 - Deficiency judgment
• Fla. Stat. Ch. 713 - Construction liens
• Fla. Stat. §§ 55.03, 687.01 - Interest rates
• Fla. Stat. § 57.105(7) - Reciprocal attorney's fees
• Fla. Stat. § 768.79 - Proposal for settlement
• Fla. Stat. § 92.525 - Verification by written declaration
• Fla. Stat. Chs. 56, 76, 77, 78 - Execution, attachment, garnishment, replevin
• Fla. Stat. §§ 55.10, 55.202-55.209 - Judgment liens
• Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005)