§ 672.509, Fla. Stat. · Part V. PERFORMANCE
Risk of loss in the absence of breach.
Text — 2026 Florida Statutes
(1) Where the contract requires or authorizes the seller to ship the goods by carrier:
(a) If it does not require her or him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (s. 672.505); but
(b) If it does require her or him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer:
(a) On her or his receipt of possession or control of a negotiable document of title covering the goods; or
(b) On acknowledgment by the bailee of the buyer’s right to possession of the goods; or
(c) After her or his receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in s. 672.503(4)(b).
(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on her or his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this chapter on sale on approval (s. 672.327) and on effect of breach on risk of loss (s. 672.510).
Notes and commentary — not statutory text
History
s. 1, ch. 65-254; s. 584, ch. 97-102; s. 13, ch. 2010-131.
Note
Note.—s. 2-509, U.C.C.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0672/0672.html
- Text hash
- sha256 4b1f7f6c720e84cac5866d5aea6f4222f4591afd822f78e25ff89f13e8e13b58
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 672.327, Fla. Stat.Special incidents of sale on approval and sale or return.Printed as s. 672.327
- § 672.503, Fla. Stat.Manner of seller’s tender of delivery.Printed as s. 672.503(4)(b)
- § 672.505, Fla. Stat.Seller’s shipment under reservation.Printed as s. 672.505
- § 672.510, Fla. Stat.Effect of breach on risk of loss.Printed as s. 672.510
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.