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Florida Statute 673.1031 | Lawyer Caselaw & Research
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F.S. 673.1031 Case Law from Google Scholar Google Search for Amendments to 673.1031

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS
View Entire Chapter
F.S. 673.1031
673.1031 Definitions.
(1) In this chapter, the term:
(a) “Acceptor” means a drawee who has accepted a draft.
(b) “Drawee” means a person ordered in a draft to make payment.
(c) “Drawer” means a person who signs or is identified in a draft as a person ordering payment.
(d) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(e) “Maker” means a person who signs or is identified in a note as a person undertaking to pay.
(f) “Order” means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.
(g) “Ordinary care,” in the case of a person engaged in business, means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank’s prescribed procedures and the bank’s procedures do not vary unreasonably from general banking usage not disapproved by this chapter or chapter 674.
(h) “Party” means a party to an instrument.
(i) “Promise” means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.
(j) “Prove,” with respect to a fact, means to meet the burden of establishing the fact (s. 671.201(8)).
(k) “Remitter” means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.
(2) Other definitions applying to this chapter and the sections in which they appear are:

“Acceptance,” s. 673.4091.

“Accommodated party,” s. 673.4191.

“Accommodation party,” s. 673.4191.

“Alteration,” s. 673.4071.

“Anomalous indorsement,” s. 673.2051.

“Blank indorsement,” s. 673.2051.

“Cashier’s check,” s. 673.1041.

“Certificate of deposit,” s. 673.1041.

“Certified check,” s. 673.4091.

“Check,” s. 673.1041.

“Consideration,” s. 673.3031.

“Draft,” s. 673.1041.

“Holder in due course,” s. 673.3021.

“Incomplete instrument,” s. 673.1151.

“Indorsement,” s. 673.2041.

“Indorser,” s. 673.2041.

“Instrument,” s. 673.1041.

“Issue,” s. 673.1051.

“Issuer,” s. 673.1051.

“Negotiable instrument,” s. 673.1041.

“Negotiation,” s. 673.2011.

“Note,” s. 673.1041.

“Payable at a definite time,” s. 673.1081.

“Payable on demand,” s. 673.1081.

“Payable to bearer,” s. 673.1091.

“Payable to order,” s. 673.1091.

“Payment,” s. 673.6021.

“Person entitled to enforce,” s. 673.3011.

“Presentment,” s. 673.5011.

“Reacquisition,” s. 673.2071.

“Special indorsement,” s. 673.2051.

“Teller’s check,” s. 673.1041.

“Transfer of instrument,” s. 673.2031.

“Traveler’s check,” s. 673.1041.

“Value,” s. 673.3031.

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

“Bank,” s. 674.105.

“Banking day,” s. 674.104.

“Clearinghouse,” s. 674.104.

“Collecting bank,” s. 674.105.

“Depositary bank,” s. 674.105.

“Documentary draft,” s. 674.104.

“Intermediary bank,” s. 674.105.

“Item,” s. 674.104.

“Payor bank,” s. 674.105.

“Suspends payments,” s. 674.104.

(4) In addition, chapter 671 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
History.s. 2, ch. 92-82.

F.S. 673.1031 on Google Scholar

F.S. 673.1031 on Casetext

Amendments to 673.1031


Arrestable Offenses / Crimes under Fla. Stat. 673.1031
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.1031.



Annotations, Discussions, Cases:

Cases Citing Statute 673.1031

Total Results: 4

ASGAARD FUND, L.P., etc. v. MM80 OCEANSIDE HOLDINGS, LLC, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-27T00:53:00-07:00

Snippet: identified in a note as a person undertaking to pay.” § 673.1031(e), Fla. Stat. (2021).

Banco Bilbao Vizcaya Argentaria v. Easy Luck Co. Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-25T00:00:00-08:00

Citation: 208 So. 3d 1241, 91 U.C.C. Rep. Serv. 2d (West) 859, 2017 WL 361944, 2017 Fla. App. LEXIS 718

Snippet: Commercial Code, adopted in Florida as section 673.1031 of the Florida Statutes, defines “good “faith”…deal fairly in conducting the transaction. § 673.1031. In this case, Easy Luck did take precautionary

Daiwa Products, Inc. v. NATIONSBANK, NA

Court: Fla. Dist. Ct. App. | Date Filed: 2004-09-01T00:53:00-07:00

Citation: 885 So. 2d 884

Snippet: the meaning of section 673.3021(1)(b)2. Section 673.1031(1)(d), Florida Statutes (1997) defines "good

Any Kind Checks Cashed, Inc. v. Talcott

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-09T00:53:00-07:00

Citation: 830 So. 2d 160

Snippet: draft "as a person ordering payment." § 673.1031(1)(c), Fla. Stat. (2001).[4] By Federal Expressing…-82, § 2, at 759, Laws of Fla. (codified at §§ 673.1031(1)(d)). To the old, subjective good faith, "… course status." Id. Comment 4 to section 673.1031, Florida Statutes Annotated, attempts to shed