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. 673.1091

673.1091 Payable to bearer or to order.—

(1) A promise or order is “payable to bearer” if it:

(a) States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment;

(b) Does not state a payee; or

(c) States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.

(2) A promise or order that is not payable to bearer is “payable to order” if it is payable to the order of an identified person or to an identified person or order. A promise or order that is payable to order is payable to the identified person.

(3) An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to s. 673.2051(1). An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to s. 673.2051(2).

History.—s. 2, ch. 92-82.

F.S. 673.1091 on Google Scholar

F.S. 673.1091 on Casetext

Amendments to 673.1091

Arrestable Offenses / Crimes under Fla. Stat. 673.1091

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.1091.

Annotations, Discussions, Cases:

Cases from cite.case.law:

U. S. BANK NATIONAL ASSOCIATION, FOR HOME EQUITY ASSET TRUST HOME EQUITY PASS- THROUGH CERTIFICATES, SERIES v. KACHIK N. A. N. A. s In, 222 So. 3d 592 (Fla. Dist. Ct. App. 2017)

. . . .” § 673.1091(1), Fla. Stat. . . .

FEDERAL NATIONAL MORTGAGE ASSOCIATION, v. A. McFADYEN,, 194 So. 3d 418 (Fla. Dist. Ct. App. 2016)

. . . .”); § 673.1091(l)(b)-(c) ("A promise or order is 'payable to bearer’ if it; ... . . . .”); § 673.1091(3), Fla. . . .

PENNINGTON, v. OCWEN LOAN SERVICING, LLC,, 151 So. 3d 52 (Fla. Dist. Ct. App. 2014)

. . . The note was “payable to order” under section 673.1091, Florida Statutes, because it specifically named . . . Financial, Inc., the lender, as payee. § 673.1091, Fla. Stat. . . .

S. LACOMBE P. v. DEUTSCHE BANK NATIONAL TRUST COMPANY,, 149 So. 3d 152 (Fla. Dist. Ct. App. 2014)

. . . The note was “payable to order” under section 673.1091, Florida Statutes because it specifically named . . .

WELLS FARGO BANK, N. A. v. BOHATKA,, 112 So. 3d 596 (Fla. Dist. Ct. App. 2013)

. . . did not state that the bank was the payee, which made the note “payable to bearer” Id. at 496; see § 673.1091 . . .

K. LINDSEY, v. WELLS FARGO BANK, N. A. s, 139 So. 3d 903 (Fla. Dist. Ct. App. 2013)

. . . See § 673.1091, Fla. . . .

R. ISAAC R. v. DEUTSCHE BANK NATIONAL TRUST COMPANY, As, 74 So. 3d 495 (Fla. Dist. Ct. App. 2011)

. . . .” § 673.1091(1), Fla. Stat. . . .

REDLAND COMPANY, INC. a v. BANK OF AMERICA CORPORATION, a f. k. a. N. A., 568 F.3d 1232 (11th Cir. 2009)

. . . First, under sections 673.1091 and 673.2052(2) of the Florida Code, once a check is endorsed by the party . . .