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. 670.204

670.204 Refund of payment and duty of customer to report with respect to unauthorized payment order.—

(1) If a receiving bank accepts a payment order issued in the name of its customer as sender which is not authorized and not effective as the order of the customer under s. 670.202 or is not enforceable, in whole or in part, against the customer under s. 670.203, the bank shall refund any payment of the payment order received from the customer to the extent the bank is not entitled to enforce payment and shall pay interest on the refundable amount calculated from the date the bank received payment to the date of the refund. However, the customer is not entitled to interest from the bank on the amount to be refunded if the customer fails to exercise ordinary care to determine that the order was not authorized by the customer and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the date the customer received notification from the bank that the order was accepted or that the customer’s account was debited with respect to the order. The bank is not entitled to any recovery from the customer on account of a failure by the customer to give notification as stated in this section.

(2) Reasonable time under subsection (1) may be fixed by agreement, but the obligation of a receiving bank to refund payment as stated in subsection (1) may not otherwise be varied by agreement.

History.—s. 1, ch. 91-70; s. 24, ch. 2007-134.

F.S. 670.204 on Google Scholar

F.S. 670.204 on Casetext

Amendments to 670.204

Arrestable Offenses / Crimes under Fla. Stat. 670.204

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 670.204.

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)

. . . . § 670.204(1) (emphasis added). . . . The Official Comment to § 670.204 notes that the provision only applies to cases in which, among other . . . Stat. §§ 674.401 and 670.204, and by the absolute liability preclusions in Fla. . . . Stat. § 670.204(1) (“If a receiving bank accepts a payment order issued in the name of its customer as . . .

CHAVEZ, v. MERCANTIL COMMERCEBANK, N. A., 601 F. App'x 814 (11th Cir. 2015)

. . . . § 670.204(1), forecloses an award of prejudgment interest in this case. . . . prejudgment interest, we conclude that § 670.204 does not control whether Mr. . . . money on deposit is consistent with the entirety of § 670.204. . . . Stat. § 670.204. . . . indicates that the term “interest” in § 670.204 does not refer to prejudgment interest. . . .

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

. . . More specifically, BB & T contends that §§ 674.401 and 670.204, Florida Statutes, codifying U.C.C. §§ . . . Stat. § 670.204(1). . . . Because § 670.204 provides a remedy for an individual who has been harmed by virtue of an unauthorized . . . To reiterate, § 670.204, Florida Statutes, states If a receiving bank accepts a payment order issued . . . Stat. § 670.204(1). . . .

CHAVEZ, v. MERCANTIL COMMERCEBANK, N. A., 701 F.3d 896 (11th Cir. 2012)

. . . . § 670.204. . . .

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

. . . . §■ 670.204. . . . Stat. § 670.204 is completely preempted by federal law (i.e. 12 C.F.R. §§ 210.25-210.32). Mr. . . . Stat. § 670.204 is not completely preempted - by federal law. Alternatively, Mr. . . . Stat. § 670.204 is not completely preempted by federal law. . . . Stat. § 670.204 is completely preempted by Regulation J. C. Supplemental Jurisdiction Mr. . . .

GUSTAVSSON, v. WASHINGTON MUTUAL BANK, F. A., 850 So. 2d 570 (Fla. Dist. Ct. App. 2003)

. . . conversion, civil theft, breach of fiduciary duty, negligence, gross negligence, and violations of sections 670.204 . . .