The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.1051

673.1051 Issue of instrument.—

(1) The term “issue” means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.

(2) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.

(3) The term “issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.

History.—s. 2, ch. 92-82.

F.S. 673.1051 on Google Scholar

F.S. 673.1051 on Casetext

Amendments to 673.1051

Arrestable Offenses / Crimes under Fla. Stat. 673.1051

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.1051.

Annotations, Discussions, Cases:

Cases from cite.case.law:

INDUSTRIAL PARK DEVELOPMENT CORPORATION, v. AMERICAN EXPRESS BANK, FSB,, 960 F. Supp. 2d 1363 (S.D. Fla. 2013)

. . . . § 673.1051(3). . . .

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

. . . See § 673.1051(1) (defining “issue” as “the first delivery of an instrument by the maker or drawer .. . . .

ZALESKI, v. WOESSNER, 659 So. 2d 716 (Fla. Dist. Ct. App. 1995)

. . . Specifically, section 673.1051 makes non-delivery of an instrument a defense to a suit on the instrument . . . the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense. § 673.1051 . . .