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. 673.1061

673.1061 Unconditional promise or order.—

(1) Except as provided in this section, for the purposes of s. 673.1041(1), a promise or order is unconditional unless it states:

(a) An express condition to payment;

(b) That the promise or order is subject to or governed by another writing; or

A reference to another writing does not of itself make the promise or order conditional.

(2) A promise or order is not made conditional:

(a) By a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration; or

(b) Because payment is limited to resort to a particular fund or source.

(3) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of s. 673.1041(1). If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.

(4) If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of s. 673.1041(1); but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.

History.—s. 2, ch. 92-82.

F.S. 673.1061 on Google Scholar

F.S. 673.1061 on Casetext

Amendments to 673.1061

Arrestable Offenses / Crimes under Fla. Stat. 673.1061

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.1061.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . § 673.1061, Fla. Stat. . . .

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

. . . Section 673.1061, Florida Statutes (2013), defines “unconditional” by stating those conditions that prevent . . . The bracketed words' are alternatives, either of which complies. § 673.1061 cmt. 1, Fla. . . . statement of rights with respect to .... acceleration” and thus does not render the note nonnegotiable. § 673.1061 . . .

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 . . .