The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 674
UNIFORM COMMERCIAL CODE: BANK DEPOSITS AND COLLECTIONS

View Entire Chapter

F.S. 674.104

674.104 Definitions and index of definitions.—

(1) In this chapter, unless the context otherwise requires, the term:

(a) “Account” means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit.

(b) “Afternoon” means the period of a day between noon and midnight.

(c) “Banking day” means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions.

(d) “Clearinghouse” means an association of banks or other payors regularly clearing items.

(e) “Customer” means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank.

(f) “Documentary draft” means a draft to be presented for acceptance or payment if specified documents, certificated securities (s. 678.1021) or instructions for uncertificated securities (s. 678.1021), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft.

(g) “Draft” means a draft as defined in s. 673.1041 or an item, other than an instrument, that is an order.

(h) “Drawee” means a person ordered in a draft to make payment.

(i) “Item” means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by chapter 670 or a credit or debit card slip.

(j) “Midnight deadline” with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.

(k) “Settle” means to pay in cash, by clearinghouse settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final.

(l) “Suspends payments” with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business.

(2) Other definitions applying to this chapter and the sections in which they appear are:

“Agreement for electronic presentment,” s. 674.1101.

“Bank,” s. 674.105.

“Collecting bank,” s. 674.105.

“Depositary bank,” s. 674.105.

“Intermediary bank,” s. 674.105.

“Payor bank,” s. 674.105.

“Presenting bank,” s. 674.105.

“Presentment notice,” s. 674.1101.

(3) The following definitions in other chapters apply to this chapter:

“Acceptance,” s. 673.4091.

“Alteration,” s. 673.4071.

“Cashier’s check,” s. 673.1041.

“Certificate of deposit,” s. 673.1041.

“Certified check,” s. 673.4091.

“Check,” s. 673.1041.

“Control,” s. 677.106.

“Good faith,” s. 673.1031.

“Holder in due course,” s. 673.3021.

“Instrument,” s. 673.1041.

“Notice of dishonor,” s. 673.5031.

“Order,” s. 673.1031.

“Ordinary care,” s. 673.1031.

“Person entitled to enforce,” s. 673.3011.

“Presentment,” s. 673.5011.

“Promise,” s. 673.1031.

“Prove,” s. 673.1031.

“Teller’s check,” s. 673.1041.

“Unauthorized signature,” s. 673.4031.

(4) In addition, chapter 671 contains general definitions and principles of construction and interpretation applicable throughout this chapter.

History.—s. 1, ch. 65-254; s. 1, ch. 71-44; s. 1, ch. 75-73; s. 10, ch. 92-82; s. 22, ch. 98-11; s. 16, ch. 2010-131.

Note.—s. 4-104, U.C.C.

F.S. 674.104 on Google Scholar

F.S. 674.104 on Casetext

Amendments to 674.104

Arrestable Offenses / Crimes under Fla. Stat. 674.104

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 674.104.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WRIGHT, v. CITY OF MIAMI GARDENS,, 200 So. 3d 765 (Fla. 2016)

. . . See § 674.104(1)(j), Fla. . . .

GILBERT CADDY, P. A. v. JP MORGAN CHASE BANK, N. A., 193 F. Supp. 3d 1294 (S.D. Fla. 2016)

. . . . § 674.104®. . . . by the EFTA, they are not covered by Chapter 670 and may constitute “items” within the meaning of §§ 674.104 . . .

ANDERSON, v. BRANCH BANKING AND TRUST COMPANY, LLC,, 119 F. Supp. 3d 1328 (S.D. Fla. 2015)

. . . . § 674.104(i). " ‘[l]tems’ include (a) ‘instruments' and (b) 'promises’ or 'orders’ to pay money that . . .

J. LUCAS, v. BANKATLANTIC,, 944 So. 2d 1031 (Fla. Dist. Ct. App. 2006)

. . . .” § 674.104(l)(i), Fla. Stat. (2004). . . .

J. CARL, v. REPUBLIC SECURITY BANK, n k a N. A., 282 F. Supp. 2d 1358 (S.D. Fla. 2003)

. . . . § 674.104(l)(a). . . .

SCADIF, S. A. a v. FIRST UNION NATIONAL BANK, a, 208 F. Supp. 2d 1352 (S.D. Fla. 2002)

. . . Check and collection letter do not fall into the definition of documentary draft set forth in section 674.104 . . . Although the term “demand item” is not defined in Florida Statutes, section 674.104(l)(i) defines an . . . The "midnight deadline” is defined in section 674.104(l)(j), Florida Statutes, as midnight of the next . . .

In SCOTT WETZEL SERVICES, INC. S. v., 278 B.R. 613 (Bankr. M.D. Fla. 2002)

. . . In support of this proposition, Legion Insurance points out that Florida Statutes § 674.104(l)(e) provides . . . However, Section 674.104(l)(e) is the section that defines “customer” as “a person having an account . . .

BUFMAN ORGANIZATION, a v. FEDERAL DEPOSIT INSURANCE CORPORATION, M, a, 82 F.3d 1020 (11th Cir. 1996)

. . . . § 674.104(j) (1993). . . .

FIRST UNION NATIONAL BANK, OF FLORIDA, v. FIRST FLORIDA BANK, N. A., 616 So. 2d 1168 (Fla. Dist. Ct. App. 1993)

. . . . § 674.104(h), Fla.Stat. (1985). . . .

ESPIRITO SANTO BANK OF FLORIDA, v. AGRONOMICS FINANCE CORPORATION,, 591 So. 2d 1078 (Fla. Dist. Ct. App. 1991)

. . . Section 674.104, Fla.Stat. (1989) (emphasis added). . . . Although section 674.104 does not define “bad faith,” the meaning of the term can be gleaned from other . . . We express no view regarding the possible effect the new definition will have on section 674.104, Florida . . .

REPUBLIC NATIONAL BANK OF MIAMI, a v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a, 894 F.2d 1255 (11th Cir. 1990)

. . . . §§ 673.508(2), 674.104(l)(h). . . .

NORSTAR BANK OF UPSTATE NY, v. SOUTHEAST BANK, N. A., 723 F. Supp. 187 (N.D.N.Y. 1989)

. . . . § 674.104(l)(h). The facts with regard to defendant’s inaction are not controverted. . . .

HEDGLIN, v. STATE, 541 So. 2d 763 (Fla. Dist. Ct. App. 1989)

. . . is unlawful for any person, by act or common scheme, to cash or deposit any item, as defined in s. 674.104 . . . Hedglin argues that the instrument included in the definition of “item” under § 674.104(l)(g) must be . . . We find no merit in his position. § 674.104(l)(g), Florida Statutes (1987) defines an “item”: (g) “Item . . .

BANK OF MIAMI, a v. BANCO INDUSTRIAL Y GANADERO DEL BENI, S. A. a, 515 So. 2d 1038 (Fla. Dist. Ct. App. 1987)

. . . the banking day on which it received the checks, violated the “midnight deadline” rule, §§ 674.302, 674.104 . . . [the bank’s] next banking day following the banking day on which it receives the relevant item.” § 674.104 . . .

FLORIDA NATIONAL BANK AT PERRY, v. CITIZENS BANK OF PERRY,, 474 So. 2d 852 (Fla. Dist. Ct. App. 1985)

. . . Relative to provisional vs. final payment or settlement, see Section 674.104(l)(j), 674.213 and UCC Comments . . .

GATHERCREST LTD. a a v. FIRST AMERICAN BANK AND TRUST, a, 649 F. Supp. 106 (M.D. Fla. 1985)

. . . Under § 674.104(l)(i), the term properly payable “includes the availability of funds for payment at the . . .

ROYAL TRUST BANK OF ORLANDO, v. ALL FLORIDA FLEETS, INC., 431 So. 2d 1043 (Fla. Dist. Ct. App. 1983)

. . . . §§ 674.104(l)(h), 674.202(2), Fla.Stat. (1981). . . .

CAPITAL CITY FIRST NATIONAL BANK, a v. LEWIS STATE BANK, a, 341 So. 2d 1025 (Fla. Dist. Ct. App. 1977)

. . . notice [of dishonor] must be given by a bank before its midnight deadline [the next banking day, § 674.104 . . . seasonable”: “A collecting bank taking proper action before its midnight deadline [the next banking day, § 674.104 . . .

PEOPLES BANK IN NORTH FORT MYERS, v. BOB LINCOLN, INC., 283 So. 2d 400 (Fla. Dist. Ct. App. 1973)

. . . . § 673.104 with § 674.104 (1) (f) (1971), F.S.A. . . .