The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.104

672.104 Definitions: “merchant”; “between merchants”; “financing agency.”—

(1) “Merchant” means a person who deals in goods of the kind or otherwise by occupation holds himself or herself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his or her employment of an agent or broker or other intermediary who by occupation holds himself or herself out as having such knowledge or skill.

(2) “Financing agency” means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller’s draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. “Financing agency” includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (s. 672.707).

(3) “Between merchants” means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.

History.—s. 1, ch. 65-254; s. 556, ch. 97-102; s. 6, ch. 2010-131.

Note.—s. 2-104, U.C.C.

F.S. 672.104 on Google Scholar

F.S. 672.104 on Casetext

Amendments to 672.104

Arrestable Offenses / Crimes under Fla. Stat. 672.104

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.104.

Annotations, Discussions, Cases:

Cases from cite.case.law:

VALIDSA, INC. d b a S. A. a v. PDVSA SERVICES INC. a S. A. a, 632 F. Supp. 2d 1219 (S.D. Fla. 2009)

. . . . § 672.104(1) (defining "merchant” as a "a person who deals in goods of the kind”); Fla. . . . . § 672.104(3) (defining transactions "between merchants” as "any transaction with respect to which both . . .

UNITED FOOD MART, INC. d b a d b a v. MOTIVA ENTERPRISES, LLC,, 457 F. Supp. 2d 1329 (S.D. Fla. 2005)

. . . . § 672.104(1). . . .

In AQUAMARINE USA, INC., 330 B.R. 280 (Bankr. M.D. Fla. 2005)

. . . . § 672.104(1) (West 2004). . . . .

IBP, INC. v. HADY ENTERPRISES, INC., 267 F. Supp. 2d 1148 (N.D. Fla. 2002)

. . . . § 672.104(1) (West Supp. 2002). . . . ANN. § 672.104(3) (West Supp.2002). .IBP styles Count II of its complaint "Negligence or Gross Negligence . . .

GENERAL TOOL INDUSTRIES, INC. a v. PREMIER MACHINERY, INC. a a, 790 So. 2d 449 (Fla. Dist. Ct. App. 2001)

. . . See § 672.104, Fla. Stat. (2000). . . .

LONNIE D. ADAMS BUILDING CONTRACTOR, INC. a v. E. O CONNOR O, 714 So. 2d 1178 (Fla. Dist. Ct. App. 1998)

. . . See § 672.104, .314, Fla. Stat. (1989); Jackson v. L.A.W. . . .

EASTERN CEMENT, v. HALLIBURTON COMPANY,, 600 So. 2d 469 (Fla. Dist. Ct. App. 1992)

. . . Florida Statutes (1989), if the seller is a “merchant,” which it clearly is sub judice, see section 672.104 . . .

CZARNECKI, v. ROLLER, Co., 726 F. Supp. 832 (S.D. Fla. 1989)

. . . contract for their sale if the seller is a merchant with respect to the goods of that kind____ Section 672.104 . . .

ASHLEY SQUARE, LTD. v. CONTRACTORS SUPPLY OF ORLANDO, INC., 532 So. 2d 710 (Fla. Dist. Ct. App. 1988)

. . . Section 672.104(1) defines “merchant” as: (1) “Merchant” means a person who deals in goods of the kind . . . the implied warranty arises because Contractors Supply is a merchant within the meaning of section 672.104 . . .

KOSEN v. CURTIS FIELD, INC., 18 Fla. Supp. 2d 18 (Palm Beach Cty. Ct. 1986)

. . . . §§ 672.104(1), 672.314, Fla. Stat. (1985). . . .

R. A. JONES SONS, INC. a v. HOLMAN, A. Jr. E. a a FORD MOTOR COMPANY, a v. R. A. JONES SONS, INC. a, 470 So. 2d 60 (Fla. Dist. Ct. App. 1985)

. . . .-103(d), Fla.Stat. (1975), and a “merchant,” see § 672.104(1), Fla.Stat. (1975), under Section 672.314 . . .

E. HESSON C. v. WALMSLEY CONSTRUCTION COMPANY, a a B., 422 So. 2d 943 (Fla. Dist. Ct. App. 1982)

. . . apply here since the seller is not a “merchant,” and the house and lot are not “goods” within sections 672.104 . . .

GEORGIA- PACIFIC CORPORATION, v. SQUIRES DEVELOPMENT CORPORATION, SQUIRES DEVELOPMENT CORPORATION, v. J. De SANTIS, GEORGIA- PACIFIC CORPORATION, v. J. De SANTIS,, 387 So. 2d 986 (Fla. Dist. Ct. App. 1980)

. . . See Section 672.104(1), Florida Statutes (1977). . . .

TRADER v. BEENE,, 46 Fla. Supp. 133 (Broward Cty. Ct. 1977)

. . . also concludes that defendant, Paul Beene, was a “merchant” as that term is defined in Florida Statute 672.104 . . .

GABLE, v. SILVER, 258 So. 2d 11 (Fla. Dist. Ct. App. 1972)

. . . Ch. 672.104, F.S.1969, F.S.A.; and whether the condominiums were goods. . . . Ch. 672.104, F.S.1969, F.S.A., “‘Merchant’ means a person who deals in goods of the kind or otherwise . . .