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Florida Statute 670.202 - Full Text and Legal Analysis
Florida Statute 670.202 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 670.202 Case Law from Google Scholar Google Search for Amendments to 670.202

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXXIX
COMMERCIAL RELATIONS
Chapter 670
UNIFORM COMMERCIAL CODE: FUNDS TRANSFERS
View Entire Chapter
F.S. 670.202
670.202 Authorized and verified payment orders.
(1) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order or is otherwise bound by it under the law of agency.
(2) If a bank and its customer have agreed that the authenticity of payment orders issued to the bank in the name of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving bank is effective as the order of the customer, whether or not authorized, if the security procedure is a commercially reasonable method of providing security against unauthorized payment orders and the bank proves that it accepted the payment order in good faith and in compliance with the security procedure and any written agreement or instruction of the customer restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates a written agreement with the customer or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted.
(3) The commercial reasonableness of a security procedure is a question of law to be determined by considering the wishes of the customer expressed to the bank; the circumstances of the customer known to the bank, including the size, type, and frequency of payment orders normally issued by the customer to the bank; alternative security procedures offered to the customer; and security procedures in general use by customers and receiving banks similarly situated. A security procedure is deemed to be commercially reasonable if:
(a) The security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer; and
(b) The customer expressly agreed in writing to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the security procedure chosen by the customer.
(4) The term “sender” in this chapter includes the customer in whose name a payment order is issued if the order is the authorized order of the customer under subsection (1), or it is effective as the order of the customer under subsection (2).
(5) This section applies to amendments and cancellations of payment orders to the same extent it applies to payment orders.
(6) Except as provided in this section and in s. 670.203(1)(a), rights and obligations arising under this section or s. 670.203 may not be varied by agreement.
History.s. 1, ch. 91-70.

F.S. 670.202 on Google Scholar

F.S. 670.202 on CourtListener

Amendments to 670.202


Annotations, Discussions, Cases:

Cases Citing Statute 670.202

Total Results: 5

Roger Chavez v. Mercantil Commercebank, N.A.

701 F.3d 896, 79 U.C.C. Rep. Serv. 2d (West) 152, 2012 U.S. App. LEXIS 24358, 2012 WL 5907151

Court of Appeals for the Eleventh Circuit | Filed: Nov 27, 2012 | Docket: 391421

Cited 26 times | Published

rely on them under section 202. See Fla. Stat. § 670.202(2). B.The Bank Adopted Commercially Reasonable

Anderson v. Branch Banking & Trust Co. ex rel. BankAtlantic, LLC

119 F. Supp. 3d 1328, 87 U.C.C. Rep. Serv. 2d (West) 182, 2015 U.S. Dist. LEXIS 98235, 2015 WL 4554921

District Court, S.D. Florida | Filed: Jul 28, 2015 | Docket: 64303285

Cited 7 times | Published

it may not be varied by contract.”). However, § 670.202, referenced above, provides two circumstances

Anderson v. Branch Banking & Trust Co.

56 F. Supp. 3d 1345, 85 U.C.C. Rep. Serv. 2d (West) 83, 2014 U.S. Dist. LEXIS 154767, 2014 WL 5522478

District Court, S.D. Florida | Filed: Oct 31, 2014 | Docket: 64298098

Cited 1 times | Published

of the authorized individual, see Fla. Stat. § 670.202(1) (“A payment order received by the receiving

Jesus Alonso Alvarez Rodriguez v. Branch Banking & Trust Company

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2022 | Docket: 64924993

Published

fraudulent wire transfers under Florida Statutes § 670.202. 5 The parties cross-moved for summary

Bensman v. Citicorp Trust, N.A.

354 F. Supp. 2d 1330, 55 U.C.C. Rep. Serv. 2d (West) 956, 2005 U.S. Dist. LEXIS 5631, 2005 WL 195536

District Court, S.D. Florida | Filed: Jan 18, 2005 | Docket: 2290349

Published

effective as the order of the customer under section 670.202 or is not enforceable, in whole or in part