The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 674
UNIFORM COMMERCIAL CODE: BANK DEPOSITS AND COLLECTIONS

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F.S. 674.405

674.405 Death or incompetence of customer.—

(1) A payor or collecting bank’s authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.

(2) Even with knowledge, a bank may for 10 days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.

History.—s. 1, ch. 65-254; s. 42, ch. 92-82.

Note.—s. 4-405, U.C.C.; supersedes ss. 659.39, 659.40.

F.S. 674.405 on Google Scholar

F.S. 674.405 on Casetext

Amendments to 674.405

Arrestable Offenses / Crimes under Fla. Stat. 674.405

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 674.405.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In ESTATE OF H. H. HERRING, HERRING, v. A. HENDERSON,, 670 So. 2d 145 (Fla. Dist. Ct. App. 1996)

. . . impair, or affect the validity, effectiveness, or operation of any of the provisions of ss. 655.78 and 674.405 . . . impair, or affect the validity, effectiveness, or operation of any of the provisions of ss. 658.55 and 674.405 . . .

REPUBLIC NATIONAL BANK OF MIAMI, v. JOHNSON, By GUARDIANSHIP PROGRAM OF DADE COUNTY, INC., 622 So. 2d 1015 (Fla. Dist. Ct. App. 1993)

. . . The Code states: 674.405 Death or Incompetence of Customer.— (1) A payor or collecting bank’s authority . . . fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it. § 674.405 . . .

ROSECRANS, v. EDEN, W., 538 So. 2d 970 (Fla. Dist. Ct. App. 1989)

. . . See also Florida Statute 658.55; 658.56(3); 674.405; Drozinski v. . . .

DORAN v. GAINER, E., 443 So. 2d 473 (Fla. Dist. Ct. App. 1984)

. . . impair, or affect the validity, effectiveness, or operation of any of the provisions of ss.658.55 and 674.405 . . .

H. CRIPE L. v. ATLANTIC FIRST NATIONAL BANK OF DAYTONA BEACH,, 422 So. 2d 820 (Fla. 1982)

. . . .-29 and 674.405 or the rights of banks to make payments as therein provided. . . .

BLACK, v. HART,, 301 So. 2d 787 (Fla. Dist. Ct. App. 1974)

. . . case appears to be controlling but the trial court did not follow the decision because he felt that § 674.405 . . . Section 674.405 is a part of the Uniform Commercial Code and is as follows: “674.405 Death or incompetence . . . Section 674.405, Fla.Stat., as a part of the Uniform Commercial Code, does not have the effect of changing . . . This view is supported by the Official Comment to UCC 4-405 (§ 674.405, F.S.A.): ****** “This section . . .

BLAIR, v. DAVIS, C. M. Jr. M. Jr., 281 So. 2d 247 (Fla. Dist. Ct. App. 1973)

. . . accept and pay a check under the circumstances with the limitations and exceptions found in Section 674.405 . . . Notes and Other Commercial Paper, § 359; 4 Fla.Jur., Banks and Trust Companies, § 244; and Section 674.405 . . . regardless of these events, the drawee bank had the power and duty (with the exceptions mentioned in F.S. 674.405 . . .