The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

View Entire Chapter

F.S. 673.1041

673.1041 Negotiable instrument.—

(1) Except as provided in subsections (3), (4), and (11), the term “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:

(a) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder;

(b) Is payable on demand or at a definite time; and

(c) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain:

1. An undertaking or power to give, maintain, or protect collateral to secure payment;

2. An authorization or power to the holder to confess judgment or realize on or dispose of collateral; or

3. A waiver of the benefit of any law intended for the advantage or protection of an obligor.

(2) The term “instrument” means a negotiable instrument.

(3) An order that meets all requirements of subsection (1), except paragraph (a), and otherwise falls within the definition of “check” in subsection (6) is a negotiable instrument and a check.

(4) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this chapter.

(5) An instrument is a “note” if it is a promise and is a “draft” if it is an order. If an instrument falls within the definition of both “note” and “draft,” a person entitled to enforce the instrument may treat it as either.

(6) The term “check” means a draft, other than a documentary draft, payable on demand and drawn on a bank or a cashier’s check or teller’s check. An instrument may be a check even though it is described on its face by another term, such as “money order.”

(7) The term “cashier’s check” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.

(8) The term “teller’s check” means a draft drawn by a bank:

(a) On another bank; or

(b) Payable at or through a bank.

(9) The term “traveler’s check” means an instrument that:

(a) Is payable on demand;

(b) Is drawn on or payable at or through a bank;

(d) Requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.

(10) The term “certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.

(11) A warrant of this state is not a negotiable instrument governed by this chapter.

History.—s. 2, ch. 92-82.

F.S. 673.1041 on Google Scholar

F.S. 673.1041 on Casetext

Amendments to 673.1041

Arrestable Offenses / Crimes under Fla. Stat. 673.1041

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.1041.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HANNA, v. PENNYMAC HOLDINGS, LLC T. n k a s n k a n k a By, s To Be An As, 270 So. 3d 403 (Fla. App. Ct. 2019)

. . . See § 673.1041(1), Fla. . . .

BANK OF NEW YORK MELLON, v. GARCIA,, 254 So. 3d 565 (Fla. App. Ct. 2018)

. . . extent as an original, unless: (1) The document or writing is a negotiable instrument as defined in s. 673.1041 . . . See § 673.1041, Fla. Stat. (2016) ; see also § 673.1171, Fla. Stat. (2016). . . . Section 673.1041, Florida Statutes (2016) provides in pertinent part: (1) Except as provided in subsections . . .

MCCAMPBELL, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION,, 255 So. 3d 911 (Fla. App. Ct. 2018)

. . . admissible to the same degree as an original, as it is not a negotiable instrument as defined in section 673.1041 . . .

THIRD FEDERAL SAVINGS LOAN ASSOCIATION OF CLEVELAND, v. G. KOULOUVARIS a k a, 247 So. 3d 652 (Fla. App. Ct. 2018)

. . . ." § 673.1041(1), Fla. Stat. (2012) (emphasis added). The HELOC note reflects no such undertaking. . . .

LIUKKONEN, v. BAYVIEW LOAN SERVICING, LLC,, 243 So. 3d 981 (Fla. App. Ct. 2018)

. . . extent as an original," unless "[t]he document or writing is a negotiable instrument as defined in s. 673.1041 . . . See § 673.1041, Fla. Stat. (2016) ; see also § 673.1171, Fla. Stat. (2016). . . . admissible to the same degree as an original, as it is not a negotiable instrument as defined in section 673.1041 . . .

HSBC BANK USA, NATIONAL ASSOCIATION, v. T. BUSET,, 241 So. 3d 882 (Fla. App. Ct. 2018)

. . . noting that "[a] promissory note is clearly a negotiable instrument within the definition of section 673.1041 . . .

D. DRAGASH, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, JP N. A., 700 F. App'x 939 (11th Cir. 2017)

. . . . § 673.1041(1). . . .

CHUCHIAN v. SITUS INVESTMENTS, LLC,, 219 So. 3d 992 (Fla. Dist. Ct. App. 2017)

. . . executed by Borrowers was a nonnegotiable instrument because it was not for a fixed sum, see section 673.1041 . . .

IN RE ELOWITZ s, 550 B.R. 603 (Bankr. S.D. Fla. 2016)

. . . Stat § 673.1041(1). . . . Stat § 673.1041(5). The Note here qualifies as a negotiable instrument. . . .

ONEWEST BANK, FSB, v. NUNEZ,, 193 So. 3d 13 (Fla. Dist. Ct. App. 2016)

. . . prevent it from being unconditional: (1) Except as provided in this section-, for the purposes of s. 673.1041 . . .

MADURA, v. BAC HOME LOANS SERVICING, LP, f. k. a. LP, NA,, 593 F. App'x 834 (11th Cir. 2014)

. . . . § 673.1041(1). . . . Id. § 673.1041(l)(c). . . . Stat. § 673.1041(1) (emphasis added). . . .

UNITED STATES v. CARTER,, 506 F. App'x 853 (11th Cir. 2013)

. . . . § 673.1041(1). . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, v. CLARKE a k a C. M., 87 So. 3d 58 (Fla. Dist. Ct. App. 2012)

. . . extent as the original when “[t]he document or writing is a negotiable instrument as defined in s. 673.1041 . . .

In F. WALTON, v. CLARK WASHINGTON, P. C., 454 B.R. 537 (Bankr. M.D. Fla. 2011)

. . . . §§ 673.1041(6), .1091(2), Fla. Stat. (2010). . § 673.1041(6), Fla. Stat. . § 673.1131(1), Fla. . . .

SIMS v. NEW FALLS CORPORATION,, 37 So. 3d 358 (Fla. Dist. Ct. App. 2010)

. . . Charter Bank of Gainesville, 314 So.2d 209, 211 (Fla. 2d DCA 1975); see also §§ 673.1041(l)(c), 673.1061 . . .

ROTTA, v. ROTTA,, 34 So. 3d 107 (Fla. Dist. Ct. App. 2010)

. . . These notes were clearly negotiable instruments under section 673.1041, Florida Statutes (1992); however . . .

In BRUBAKER s, 426 B.R. 902 (Bankr. M.D. Fla. 2010)

. . . . § 673.1041(2009) In the case of In re Maurer, 140 B.R. 744 (D.Minn.1992), the District Court, on appeal . . .

ARNOLD, MATHENY AND EAGAN, P. A. v. FIRST AMERICAN HOLDINGS, INC., 982 So. 2d 628 (Fla. 2008)

. . . See, e.g., § 673.1041(6), Fla. Stat. (2002). . . . draft with respect to which the drawer and drawee are the same bank or branches of the same bank.” § 673.1041 . . .

J. LUCAS, v. BANKATLANTIC,, 944 So. 2d 1031 (Fla. Dist. Ct. App. 2006)

. . . .” § 673.1041(6), Fla. Stat. (2004). . . .

GENERAL MOTORS ACCEPTANCE CORP. a v. HONEST AIR CONDITIONING HEATING, INC., 933 So. 2d 34 (Fla. Dist. Ct. App. 2006)

. . . Section 673.1041(1) generally defines a negotiable instrument as “an unconditional promise or order to . . . issued or first comes into possession of a holder” and “payable on demand or at a definite time.” § 673.1041 . . . All of these undertakings bring the RISC within the exclusionary language of section 673.1041(1)(c), . . . The Uniform Commercial Code comment to section 673.1041 provides, in part: Words making a promise or . . . at a result similar to the result that would follow if the writing were a negotiable instrument. § 673.1041 . . .

J. LUCAS, v. BANKATLANTIC,, 924 So. 2d 959 (Fla. Dist. Ct. App. 2006)

. . . See § 673.1041(5),(6). . . .

T. PERRY J. v. FAIRBANKS CAPITAL CORP., 888 So. 2d 725 (Fla. Dist. Ct. App. 2004)

. . . unfair to admit the duplicate, or: The document or writing is a negotiable instrument as defined in s. 673.1041 . . . A promissory note is clearly a negotiable instrument within the definition of section 673.1041(1), and . . .

PARAMOUNT, v. GILBERT, a, 867 So. 2d 642 (Fla. Dist. Ct. App. 2004)

. . . See § 673.1041(5)-(6), Fla. Stat. (2001). . . .

ANY KIND CHECKS CASHED, INC. a v. G. TALCOTT, Jr. GUARINO,, 830 So. 2d 160 (Fla. Dist. Ct. App. 2002)

. . . .” § 673.1041(6), Fla. Stat. (2001). . . . . § 673.1041(2) & (5), Fla. Stat. (2001). . . . .

SCADIF, S. A. a v. FIRST UNION NATIONAL BANK, a, 208 F. Supp. 2d 1352 (S.D. Fla. 2002)

. . . the “four corners” rule, the factual issue could not have arisen, as a check is defined in section 673.1041 . . .

In V. O. C. ANALYTICAL LABORATORIES, INC. TIN v. Fl. G. U. S., 263 B.R. 156 (S.D. Fla. 2001)

. . . As a starting point, the Court looks to Florida Statutes § 673.1041(1), which defines a “negotiable instrument . . . Florida Statute § 673.1041(2) goes on to state that the term “instrument” means a negotiable instrument . . . broadly in Florida Statutes § 679.105(1)(g) to include not only a negotiable instrument as defined in § 673.1041 . . .

M. NAGEL, E. v. CRONEBAUGH, 782 So. 2d 436 (Fla. Dist. Ct. App. 2001)

. . . . § 673.1041(1), Fla. Stat. (1993); see United Nat’l Bank of Miami v. Airport Plaza Ltd. . . .

C. KOLSKI a k a a k a By J. KOLSKI, v. M. KOLSKI,, 731 So. 2d 169 (Fla. Dist. Ct. App. 1999)

. . . revised dissent now appropriately concedes that a personal check is a negotiable instrument, see section 673.1041 . . .

MASON, v. B. RUBIN, 727 So. 2d 283 (Fla. Dist. Ct. App. 1999)

. . . . § 673.1041(1), Fla. Stat. (1993). Thompson v. . . .

LAKE FOREST PARK, INC. E. v. FEDERAL FINANCIAL COMPANY,, 723 So. 2d 301 (Fla. Dist. Ct. App. 1998)

. . . correctly determined, as a matter of law, that both notes were negotiable instruments pursuant to section 673.1041 . . .

POLANCO, v. STATE, 710 So. 2d 63 (Fla. Dist. Ct. App. 1998)

. . . extent as an original, unless: (1)The document or writing is a negotiable instrument as defined in s. 673.1041 . . .

BERMAN, v. U. S. FINANCIAL ACCEPTANCE CORPORATION, a, 669 So. 2d 1116 (Fla. Dist. Ct. App. 1996)

. . . “Instrument” is defined in section 673.1041(2), Florida Statutes (1993), as a negotiable instrument. . . . this case which constitutes the release is not a negotiable instrument within the meaning of section 673.1041 . . .

In ALLIED RESPIRATORY CARE SERVICES, INC. S. FELTMAN, v. BANKATLANTIC, 182 B.R. 589 (Bankr. S.D. Fla. 1995)

. . . A check is defined in section 673.1041(6), made applicable to Article 9 by section 679.105(3), as: a . . . F.S. § 673.1041(6) (emphasis added). . . .

J. THOMPSON v. FIRST UNION NATIONAL BANK,, 643 So. 2d 1179 (Fla. Dist. Ct. App. 1994)

. . . The 1992 amendments are now set forth in sections 673.1041 and 673.1121(2), Florida Statutes (1993). . . .