Florida Statute 672.104 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.104

672.104 Definitions: “merchant”; “between merchants”; “financing agency.”—

(1) “Merchant” means a person who deals in goods of the kind or otherwise by occupation holds himself or herself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his or her employment of an agent or broker or other intermediary who by occupation holds himself or herself out as having such knowledge or skill.

(2) “Financing agency” means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller’s draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. “Financing agency” includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (s. 672.707).

(3) “Between merchants” means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.

History.—s. 1, ch. 65-254; s. 556, ch. 97-102; s. 6, ch. 2010-131.

Note.—s. 2-104, U.C.C.

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Amendments to 672.104

Annotations, Discussions, Cases:

Cases Citing Statute 672.104

Total Results: 11

RA Jones & Sons, Inc. v. Holman

470 So. 2d 60, 10 Fla. L. Weekly 1384

District Court of Appeal of Florida | Filed: Jun 4, 1985 | Docket: 1621629

Cited 27 times | Published

103(d), Fla. Stat. (1975), and a "merchant," see § 672.104(1), Fla. Stat. (1975), under Section 672.314.

IBP, Inc. v. Hady Enterprises, Inc.

267 F. Supp. 2d 1148, 51 U.C.C. Rep. Serv. 2d (West) 950, 2002 U.S. Dist. LEXIS 18777, 2002 WL 32113050

District Court, N.D. Florida | Filed: Feb 26, 2002 | Docket: 2439983

Cited 9 times | Published

having such knowledge or skill. FLA. STAT. ANN. § 672.104(1) (West Supp. 2002). A transaction "between merchants"

Eastern Cement v. Halliburton Co.

600 So. 2d 469, 1992 Fla. App. LEXIS 4094, 1992 WL 68968

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 2519976

Cited 8 times | Published

"merchant," which it clearly is sub judice, see section 672.104(1), Florida Statutes (1989), an implied warranty

Czarnecki v. Roller

726 F. Supp. 832, 1990 A.M.C. 2110, 11 U.C.C. Rep. Serv. 2d (West) 829, 1989 U.S. Dist. LEXIS 14443, 1989 WL 143531

District Court, S.D. Florida | Filed: Nov 15, 1989 | Docket: 2518336

Cited 6 times | Published

respect to the goods of that kind.... *843 Section 672.104(1), Fla.Stat., defines a "merchant" as: a person

Georgia-Pacific Corp. v. Squires Development

387 So. 2d 986

District Court of Appeal of Florida | Filed: Aug 1, 1980 | Docket: 1355826

Cited 5 times | Published

was not a merchant dealing in paneling. See Section 672.104(1), Florida Statutes (1977). Nevertheless,

Validsa, Inc. v. PDVSA Services Inc.

632 F. Supp. 2d 1219, 2009 U.S. Dist. LEXIS 59162, 2009 WL 2029958

District Court, S.D. Florida | Filed: Jul 10, 2009 | Docket: 2113520

Cited 4 times | Published

purchase of food commodities. See Fla. Stat. § 672.104(1) (defining "merchant" as a "a person who deals

Ashley Square, Ltd. v. Contractors Supply of Orlando, Inc.

532 So. 2d 710, 13 Fla. L. Weekly 2039, 6 U.C.C. Rep. Serv. 2d (West) 1100, 1988 Fla. App. LEXIS 3877, 1988 WL 89713

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 1897554

Cited 3 times | Published

anomolous position that it is not a merchant. Section 672.104(1) defines "merchant" as: (1) "Merchant" means

General Tool Industries, Inc. v. Premier Machinery, Inc.

790 So. 2d 449, 44 U.C.C. Rep. Serv. 2d (West) 718, 2001 Fla. App. LEXIS 5176, 2001 WL 388062

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 64807090

Cited 1 times | Published

involved the sale of goods between merchants. See § 672.104, Fla. Stat. (2000). The provisions of the UCC

United Food Mart, Inc. v. Motiva Enterprises, LLC

457 F. Supp. 2d 1329, 2005 U.S. Dist. LEXIS 34136, 2005 WL 4858676

District Court, S.D. Florida | Filed: Sep 29, 2005 | Docket: 2233486

Published

who deals in goods of the kind ..." Fla. Stat. § 672.104(1). As a motor fuel supplier, Motiva qualifies

In Re Aquamarine USA, Inc.

330 B.R. 280, 58 U.C.C. Rep. Serv. 2d (West) 647, 2005 Bankr. LEXIS 1730, 45 Bankr. Ct. Dec. (CRR) 99

United States Bankruptcy Court, M.D. Florida | Filed: Sep 9, 2005 | Docket: 1847045

Published

having such knowledge or skill. FLA. STAT ANN. § 672.104(1) (West 2004). [17] Section 672.403(3) provides

Lonnie D. Adams Building Contractor, Inc. v. O'Connor

714 So. 2d 1178, 1998 Fla. App. LEXIS 9694, 1998 WL 428817

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 64781982

Published

as a provider of services, not a merchant. See § 672.104, .314, Fla. Stat. (1989); Jackson v. L.A.W. Contracting