The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 670
UNIFORM COMMERCIAL CODE: FUNDS TRANSFERS

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F.S. 670.203

670.203 Unenforceability of certain verified payment orders.—

(1) If an accepted payment order is not, under s. 670.202(1), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to s. 670.202(2), the following rules apply:

(a) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order.

(b) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was not caused, directly or indirectly, by a person:

1. Who was entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure; or

2. Who obtained access to transmitting facilities of the customer or who obtained, from a source controlled by the customer and without authority of the receiving bank, information facilitating breach of the security procedure, regardless of how the information was obtained or whether the customer was at fault. Information includes any access device, computer software, or the like.

(2) This section applies to amendments of payment orders to the same extent it applies to payment orders.

History.—s. 1, ch. 91-70.

F.S. 670.203 on Google Scholar

F.S. 670.203 on Casetext

Amendments to 670.203

Arrestable Offenses / Crimes under Fla. Stat. 670.203

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 670.203.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ANDERSON, v. BRANCH BANKING AND TRUST COMPANY, LLC,, 119 F. Supp. 3d 1328 (S.D. Fla. 2015)

. . . customer under s. 670.202 or is not enforceable, in whole or in part, against the customer under s. 670.203 . . .

ANDERSON, v. BRANCH BANKING AND TRUST COMPANY, LLC,, 56 F. Supp. 3d 1345 (S.D. Fla. 2014)

. . . customer under s. 670.202 or is not enforceable, in whole or in part, against the customer under s. 670.203 . . . customer under s. 670.202 or is not enforceable, in whole or in part, against the customer under s. 670.203 . . .

In BANCREDIT CAYMAN LIMITED In In E. L. G. v. f k a, 419 B.R. 898 (Bankr. S.D. Fla. 2009)

. . . contract, Count VIII for accounting, Count X for turnover and Count XI for violation of Florida Statute § 670.203 . . . Contract), part of Count VIII (for Accounting), Count X (for Turnover) and Count XI (for Violation of § 670.203 . . . Therefore, as a matter of law, its claim that the December 16, 2002 transfer violated Florida Statute § 670.203 . . .

M. BENSMAN, v. CITICORP TRUST, N. A. N. A., 354 F. Supp. 2d 1330 (S.D. Fla. 2005)

. . . customer under section 670.202 or is not enforceable, in whole or in part, against the customer under 670.203 . . .