Florida Statute 673.1041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.1041

673.1041 Negotiable instrument.—

(1) Except as provided in subsections (3), (4), and (11), the term “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:

(a) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder;

(b) Is payable on demand or at a definite time; and

(c) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain:

1. An undertaking or power to give, maintain, or protect collateral to secure payment;

2. An authorization or power to the holder to confess judgment or realize on or dispose of collateral;

3. A waiver of the benefit of any law intended for the advantage or protection of an obligor;

4. A term that specifies the law that governs the promise or order; or

5. An undertaking to resolve, in a specified forum, a dispute concerning the promise or order.

(2) The term “instrument” means a negotiable instrument.

(3) An order that meets all requirements of subsection (1), except paragraph (a), and otherwise falls within the definition of “check” in subsection (6) is a negotiable instrument and a check.

(4) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this chapter.

(5) An instrument is a “note” if it is a promise and is a “draft” if it is an order. If an instrument falls within the definition of both “note” and “draft,” a person entitled to enforce the instrument may treat it as either.

(6) The term “check” means a draft, other than a documentary draft, payable on demand and drawn on a bank or a cashier’s check or teller’s check. An instrument may be a check even though it is described on its face by another term, such as “money order.”

(7) The term “cashier’s check” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.

(8) The term “teller’s check” means a draft drawn by a bank:

(a) On another bank; or

(b) Payable at or through a bank.

(9) The term “traveler’s check” means an instrument that:

(a) Is payable on demand;

(b) Is drawn on or payable at or through a bank;

(d) Requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.

(10) The term “certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.

(11) A warrant of this state is not a negotiable instrument governed by this chapter.

History.—s. 2, ch. 92-82; s. 49, ch. 2025-92.

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Amendments to 673.1041

Annotations, Discussions, Cases:

Cases Citing Statute 673.1041

Total Results: 35

Arnold, Matheny, Pa v. First Am. Holdings

982 So. 2d 628, 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 2518612

Cited 19 times | Published

negotiable instruments, such as checks. See, e.g., § 673.1041(6), Fla. Stat. (2002). Section 673.4081, Florida

Perry v. Fairbanks Capital Corp.

888 So. 2d 725, 2004 Fla. App. LEXIS 18863, 2004 WL 2827080

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1697260

Cited 15 times | Published

negotiable instrument within the definition of section 673.1041(1), and either the original must be produced

Kolski Ex Rel. Kolski v. Kolski

731 So. 2d 169, 1999 WL 294458

District Court of Appeal of Florida | Filed: May 12, 1999 | Docket: 1409295

Cited 15 times | Published

personal check is a negotiable instrument, see section 673.1041(1), (3), (6), Florida Statutes (1995); Kehle

Any Kind Checks Cashed, Inc. v. Talcott

830 So. 2d 160, 48 U.C.C. Rep. Serv. 2d (West) 800

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 1516853

Cited 9 times | Published

. payable on demand and drawn on a bank...." § 673.1041(6), Fla. Stat. (2001). A "draft" is a negotiable

In Re Brubaker

426 B.R. 902, 22 Fla. L. Weekly Fed. B 343, 2010 Bankr. LEXIS 884, 2010 WL 1260131

United States Bankruptcy Court, M.D. Florida | Filed: Apr 1, 2010 | Docket: 1750089

Cited 5 times | Published

Code (U.C.C.) Section 3-104 and/or Fla. Stat. § 673-1041, it is clear that the checks utilized by the

SCADIF, S.A. v. First Union National Bank

208 F. Supp. 2d 1352, 48 U.C.C. Rep. Serv. 2d (West) 232, 2002 U.S. Dist. LEXIS 12962, 2002 WL 1473458

District Court, S.D. Florida | Filed: Jul 5, 2002 | Docket: 2449794

Cited 5 times | Published

not have arisen, as a check is defined in section 673.1041(6), Florida Statutes, as a "draft, other than

Nagel v. Cronebaugh

782 So. 2d 436, 2001 WL 201608

District Court of Appeal of Florida | Filed: Mar 2, 2001 | Docket: 1512123

Cited 5 times | Published

an unconditional promise to pay a sum certain. § 673.1041(1), Fla. Stat. (1993); see United Nat'l Bank

Rotta v. Rotta

34 So. 3d 107, 2010 Fla. App. LEXIS 4938, 2010 WL 1460216

District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 1131180

Cited 4 times | Published

were clearly negotiable instruments under section 673.1041, Florida Statutes (1992); however, the former

THIRD FEDERAL SAVINGS AND LOAN ASSOCIAITON OF CLEVELAND v. LEAH G. KOULOUVARIS A/ K/ A LEAH KOULOUVARIS

247 So. 3d 652

District Court of Appeal of Florida | Filed: May 18, 2018 | Docket: 6775141

Cited 3 times | Published

charges described in the promise or order." § 673.1041(1), Fla. Stat. (2012) (emphasis added). The HELOC

Mason v. Rubin

727 So. 2d 283, 1999 WL 69575

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 1730044

Cited 3 times | Published

promissory note was a negotiable instrument. § 673.1041(1), Fla. Stat. (1993). Thompson v. First Union

Madura v. Bac Home Loans Servicing, LP

593 F. App'x 834

Court of Appeals for the Eleventh Circuit | Filed: Nov 10, 2014 | Docket: 65959097

Cited 2 times | Published

described in the promise or order.” Fla. Stat. § 673.1041(1). An instrument is not negotiable if it states

Bank of New York Mellon v. Garcia

254 So. 3d 565

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361267

Cited 1 times | Published

condition precedent to its admissibility. 1 Section 673.1041, Florida Statutes (2016) provides in pertinent

JOANNE LIUKKONEN v. BAYVIEW LOAN SERVICING LLC

243 So. 3d 981

District Court of Appeal of Florida | Filed: Mar 28, 2018 | Docket: 6348088

Cited 1 times | Published

is not, itself, a negotiable instrument. See § 673.1041, Fla. Stat. (2016); see also § 673.1171, Fla

HSBC Bank USA v. Buset

241 So. 3d 882

District Court of Appeal of Florida | Filed: Feb 7, 2018 | Docket: 6297807

Cited 1 times | Published

negotiable instrument within the definition of section 673.1041(1)”).

Walton v. Clark & Washington, P.C.

454 B.R. 537, 65 Collier Bankr. Cas. 2d 1762, 23 Fla. L. Weekly Fed. B 53, 2011 Bankr. LEXIS 2610, 2011 WL 2690562

United States Bankruptcy Court, M.D. Florida | Filed: Jul 12, 2011 | Docket: 2062335

Cited 1 times | Published

673.1041(6), .1091(2), Fla. Stat. (2010). [26] § 673.1041(6), Fla. Stat. [27] § 673.1131(1), Fla. Stat

Lucas v. BankAtlantic

944 So. 2d 1031, 2006 WL 1686486

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 291078

Cited 1 times | Published

The check here at issue is an "instrument." § 673.1041(6), Fla. Stat. (2004). Section 673.2031(1), Florida

GMAC v. Honest Air Conditioning & Heating

933 So. 2d 34

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 1712251

Cited 1 times | Published

Uniform Commercial Code: Negotiable Instruments. Section 673.1041(1) generally defines a negotiable instrument

CLAUDINE M. STACKNIK v. U. S. BANK NATIONAL ASSOCIATION

District Court of Appeal of Florida | Filed: Nov 15, 2019 | Docket: 16472143

Published

promised to be paid is not "fixed." See § 673.1041(1) (defining "negotiable instrument"

MBC Gospel Network, LLC, Willie Gary, Lorenzo Williams v. Florida's News Channel, LC, Evander Holyfield, Cecil Fielder, and Rick Newberger

District Court of Appeal of Florida | Filed: Apr 22, 2019 | Docket: 14973291

Published

qualifies as a negotiable instrument under section 673.1041, requiring Appellants to make regular interest

Hanna v. PennyMac Holdings, LLC

270 So. 3d 403

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 64713159

Published

promise to pay a fixed amount of principal. See § 673.1041(1), Fla. Stat. (2016) (defining "negotiable instrument"

Hanna v. PennyMac Holdings, LLC

270 So. 3d 403

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 64713158

Published

promise to pay a fixed amount of principal. See § 673.1041(1), Fla. Stat. (2016) (defining "negotiable instrument"

NERMINE HANNA v. PENNYMAC HOLDINGS, LLC and PATRICIA T. CONNOR

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 14809067

Published

promise to pay a fixed amount of principal. See § 673.1041(1), Fla. Stat. (2016) (defining “negotiable instrument”

JAMES MC CAMPBELL v. FEDERAL NATIONAL MORTGAGE ASSOCIATION

255 So. 3d 911

District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 6958926

Published

not a negotiable instrument as defined in section 673.1041." We reverse and remand

Chuchian v. Situs Investments, LLC

219 So. 3d 992, 2017 Fla. App. LEXIS 7975, 2017 WL 2389988

District Court of Appeal of Florida | Filed: Jun 2, 2017 | Docket: 6071403

Published

instrument because it was not for a fixed sum, see section 673.1041(1), Florida Statutes (2003), the owner of

In re Elowitz

550 B.R. 603, 75 Collier Bankr. Cas. 2d 1237, 26 Fla. L. Weekly Fed. B 205, 89 U.C.C. Rep. Serv. 2d (West) 823, 2016 Bankr. LEXIS 2206

United States Bankruptcy Court, S.D. Florida. | Filed: May 17, 2016 | Docket: 65788662

Published

advantage or protection of an obligor. Fla. Stat § 673.1041(1). “An instrument is a ‘note’ if it is a promise

OneWest Bank, FSB v. Jose Nunez

193 So. 3d 13, 89 U.C.C. Rep. Serv. 2d (West) 37, 2016 Fla. App. LEXIS 3126, 2016 WL 803542

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040733

Published

enforcement of negotiable instruments. Under section 673,1041(1), Florida Statutes (2013), the term “negotiable

OneWest Bank, FSB v. Jose Nunez

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3042784

Published

enforcement of negotiable instruments. Under section 673.1041(1), Florida Statutes (2013), the term “negotiable

Lucas v. Bankatlantic

924 So. 2d 959, 59 U.C.C. Rep. Serv. 2d (West) 346, 2006 Fla. App. LEXIS 4967, 2006 WL 862903

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64843282

Published

outset, the check at issue is an instrument. See § 673.1041(5),(6). Here, the “person whose intent determines

Paramount v. Gilbert

867 So. 2d 642, 2004 Fla. App. LEXIS 3316, 2004 WL 515539

District Court of Appeal of Florida | Filed: Mar 17, 2004 | Docket: 64828687

Published

instrument.” The check at issue is an instrument. See § 673.1041(5)-(6), Fla. Stat. (2001). In this case, section

Dzikowski v. Moreno (In Re V.O.C. Analytical Laboratories, Inc.)

263 B.R. 156, 2001 WL 635496

District Court, S.D. Florida | Filed: May 18, 2001 | Docket: 1592479

Published

starting point, the Court looks to Florida Statutes § 673.1041(1), which defines a "negotiable instrument" as:

Lake Forest Park, Inc. v. Federal Financial Co.

723 So. 2d 301, 1998 Fla. App. LEXIS 13667, 1998 WL 765041

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 64785076

Published

notes were negotiable instruments pursuant to section 673.1041(1), Florida Statutes (1995); and that the

Lake Forest Park, Inc. v. Federal Financial Co.

723 So. 2d 301, 1998 Fla. App. LEXIS 13667, 1998 WL 765041

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 64785076

Published

notes were negotiable instruments pursuant to section 673.1041(1), Florida Statutes (1995); and that the

Procedo Gesellschaft Fur Exportfactoring, D. Klindworth MBH v. Juli-And Holding of Florida, Inc.

691 So. 2d 1143, 32 U.C.C. Rep. Serv. 2d (West) 1145, 1997 Fla. App. LEXIS 3966, 1997 WL 180162

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 64772526

Published

proceedings consistent with this opinion. . See § 673. 1041, Fla. Stat. (1995); Marshall v. State ex rel

Berman v. U.S. Financial Acceptance Corp.

669 So. 2d 1116, 29 U.C.C. Rep. Serv. 2d (West) 542, 1996 Fla. App. LEXIS 2627, 1996 WL 120239

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 64763215

Published

of instrument. “Instrument” is defined in section 673.1041(2), Florida Statutes (1993), as a negotiable

Feltman v. BankAtlantic (In re Allied Respiratory Care Services, Inc.)

182 B.R. 589, 26 U.C.C. Rep. Serv. 2d (West) 901, 9 Fla. L. Weekly Fed. B 18, 1995 Bankr. LEXIS 747

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 18, 1995 | Docket: 65781067

Published

Neswitz Settlement Funds. A check is defined in section 673.1041(6), made applicable to Article 9 by section