Florida Statute 655.85 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVIII
BANKS AND BANKING

Chapter 655
FINANCIAL INSTITUTIONS GENERALLY

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F.S. 655.85

655.85 Settlement of checks.—If a check is forwarded or presented to a financial institution for payment, except when presented by the payee in person, the paying institution or remitting institution shall settle the amount of the check at par, at its option, in money or in exchange drawn on its reserve agent or agents in the City of New York or in any reserve city within the Sixth Federal Reserve District. The term “at par” applies only to the settlement of checks between collecting and paying or remitting institutions and does not apply to, or prohibit an institution from, deducting from the face amount of the check drawn on it a fee for paying the check if the check is presented to the institution by the payee in person. This section does not apply to the settlement of a check sent to such institution as a special collection item.

History.—s. 53, ch. 92-303; s. 12, ch. 2014-91.

F.S. 655.85 on Google Scholar

F.S. 655.85 on Casetext

Amendments to 655.85

Arrestable Offenses / Crimes under Fla. Stat. 655.85

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 655.85.

Annotations, Discussions, Cases:

Cases Citing Statute 655.85

Total Results: 3

Braham v. Branch Banking & Trust Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-02T00:00:00-07:00

Citation: 170 So. 3d 844, 87 U.C.C. Rep. Serv. 2d (West) 18, 2015 Fla. App. LEXIS 9987, 2015 WL 4002385

Snippet: preempts section 655.85, Florida Statutes (2012). It also concluded that section 655.85 affords no private…preempts section 655.85, we agree with the trial court’s conclusion that section 655.85 does not afford…controversy involving similar facts. We held that section 655.85, Florida Statutes (2009), prohibits a bank from…, the trial court dismissed Appellant’s section 655.85 claim, as well as other statutory claims and a …do with the state statute at issue here. Section 655.85 does not pertain to the acquisition or retention

Baptista v. PNC Bank, National Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-22T00:00:00-07:00

Citation: 91 So. 3d 230, 2012 WL 2359652, 2012 Fla. App. LEXIS 10097

Snippet: ) section 655.85 only applies to bank-to-bank transactions, and (ii) even if section 655.85 applies to…check drawn on one of its accounts violates section 655.85, Florida Statutes (2009). That statutory provision… face value. The trial court ruled that section 655.85 did not apply to the transaction here. Alternatively…Appel-lee, alleging that it had violated section 655.85 by settling her check for less than par value. …settle all checks at par value contained in section 655.85 does not apply because of an express exception

Britt v. Bank of America, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-14T00:00:00-08:00

Citation: 52 So. 3d 809, 2011 Fla. App. LEXIS 95, 2011 WL 111423

Snippet: concur. NOTES [1] Section 655.85 of the Florida Statutes (2008) provides: 655.85 Settlement of checks. *…an account holder at the Bank), violates section 655.85 of the Florida Statutes (2008) (which provides …2008). Thus, even assuming arguendo that section 655.85 of the Florida Statutes prohibits the Bank from…2342436 (M.D.Fla. June 4, 2010)(holding that section 655.85 of the Florida Statutes is pre-empted *811 by federal