The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 677
UNIFORM COMMERCIAL CODE: DOCUMENTS OF TITLE

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F.S. 677.403

677.403 Obligation of bailee to deliver; excuse.—

(1) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (2) and (3), unless and to the extent that the bailee establishes any of the following:

(a) Delivery of the goods to a person whose receipt was rightful as against the claimant;

(b) Damage to or delay, loss or destruction of the goods for which the bailee is not liable, but the burden of establishing negligence in such cases when value of such damage, delay, loss, or destruction exceeds $10,000 is on the person entitled under the document;

(c) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse’s lawful termination of storage;

(d) The exercise by a seller of its right to stop delivery pursuant to s. 672.705 or by a lessor of its right to stop delivery pursuant to s. 680.526;

(e) A diversion, reconsignment, or other disposition pursuant to s. 677.303;

(f) Release, satisfaction, or any other personal defense against the claimant; or

(g) Any other lawful excuse.

(2) A person claiming goods covered by a document of title shall satisfy the bailee’s lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.

(3) Unless a person claiming the goods is a person against which the document of title does not confer a right under s. 677.503(1):

(a) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and

(b) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.

History.—s. 1, ch. 65-254; s. 1, ch. 71-292; s. 636, ch. 97-102; s. 43, ch. 2010-131.

Note.—s. 7-403, U.C.C.; supersedes ss. 678.08-678.12, 678.16, 678.19.

F.S. 677.403 on Google Scholar

F.S. 677.403 on Casetext

Amendments to 677.403

Arrestable Offenses / Crimes under Fla. Stat. 677.403

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 677.403.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MILLENNIUM PARTNERS, L. P. f. u. b. o. AIG f. u. b. o. Co. v. COLMAR STORAGE, LLC, USA, 494 F.3d 1293 (11th Cir. 2007)

. . . . §§ 677.204 and 677.403 (2007). . . .

INTER- OCEAN FREE ZONE INC. f u b o s, v. MANAURE LINES, INC. MANANA V, 615 F. Supp. 710 (S.D. Fla. 1985)

. . . A provision from the Uniform Commercial Code, Florida Statute Section 677.403(l)(b), is the codified . . .

LONRAY, INC. v. AZUCAR, INC. s a, 568 F. Supp. 189 (M.D. Fla. 1983)

. . . . § 677.403(l)(b), which changed the common law rule to require that the bailee prove that he acted with . . . In 1971, the legislature amended section 677.403(l)(b) to read as follows: (1) The bailee must deliver . . . The Florida version of the Uniform Commercial Code, Fla.Stat. § 677.403(l)(b), is not to the contrary . . . Fla.Stat. § 677.403(l)(b); see I.C.C. . . . facie case of negligence, Lonray has met its burden of proving negligence as prescribed by Fla.Stat. § 677.403 . . .

RESERVE INSURANCE CO. v. GULF FLORIDA TERMINAL CO. GULF FLORIDA TERMINAL CO. v. MISSOURI MEAT CO., 386 So. 2d 550 (Fla. 1980)

. . . By motion the plaintiffs requested that section 677.403(l)(b) be declared unconstitutional and that the . . . Section 677.403(l)(b) as originally enacted changed the common law rule by providing: (1) The bailee . . . In 1971 the legislature amended section 677.403(l)(b) to read as follows: (b) Damage to or delay, loss . . . text of the Uniform Commercial Code (1962) provides an optional clause that can be added to section 677.403 . . . We hold section 677.403(l)(b), Florida Statutes, to be constitutional and remand these consolidated cases . . .