Florida Statutes
Fla. Stat. § 673.1041 (2025)
Negotiable instrument.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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;
(c) Is designated by the term “traveler’s check” or by a substantially similar term; and
(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.
Notes of Decisions
Cited in 39
cases (2 in the last 5 years), 1995–2025 · leading case: Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 2008).
Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 2008). “Considering that a check is a negotiable instrument, the most relevant provisions governing the status of the funds represented by an issued check, specifically as to who is in "possession" or "control," are those found within the Uniform Commercial Code (U.C.C.). The U.C.C. has…”
Any Kind Checks Cashed, Inc. v. Talcott, 830 So. 2d 160 (Fla. 4th DCA 2002). “§ 673.1041(2) & (5), Fla. Stat. (2001). [5] Section 560.”
Walton v. Clark & Washington, P.C., 454 B.R. 537 (Bankr. M.D. Fla. 2011). “§ 673.1041(6), Fla. Stat. 27 . § 673.1131(1), Fla.”
Bank of New York Mellon v. Garcia, 254 So. 3d 565 (Fla. 3d DCA 2018). “See § 673.1041, Fla. Stat. (2016); see also § 673.”
In re Elowitz, 550 B.R. 603 (Bankr. S.D. Florida 2016). “Fla. Stat § 673.1041(1). “An instrument is a ‘note’ if it is a promise and is a ‘draft’ if it is an order.”
Madura v. Bac Home Loans Servicing, LP, 593 F. App'x 834 (11th Cir. 2014). “” Fla. Stat. § 673.1041 (1). An instrument is not negotiable if it states “any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money.”
Nagel v. Cronebaugh, 782 So. 2d 436 (Fla. 5th DCA 2001). “§ 673.1041(1), Fla. Stat. (1993); see United Nat'l Bank of Miami v.”
Third Fed. Sav. & Loan Associaiton of Cleveland v. Leah G. Koulouvaris a/ k/ a Leah Koulouvaris, 247 So. 3d 652 (Fla. 2d DCA 2018). “" § 673.1041(1), Fla. Stat. (2012) (emphasis added).”
Sims v. New Falls Corp., 37 So. 3d 358 (Fla. 3d DCA 2010). “2d DCA 1975); see also §§ 673.1041(1)(c), 673.1061(1)(b),(c), Fla.”
SCADIF, S.A. v. First Union Nat'l Bank, 208 F. Supp. 2d 1352 (S.D. Fla. 2002). “If the appellate court had applied the “four corners” rule, the factual issue could not have arisen, as a check is defined in section 673.1041(6), Florida Statutes, as a “draft, other than a documentary draft, payable on demand.”
Joanne Liukkonen v. Bayview Loan Servicing LLC, 243 So. 3d 981 (Fla. 4th DCA 2018). “See § 673.1041, Fla. Stat. (2016); see also § 673.”
Perry v. Fairbanks Capital Corp., 888 So. 2d 725 (Fla. 5th DCA 2004). “1021, or any other writing that evidences a right to the payment of money, is not itself a security agreement or lease, and is of a type that is transferred by delivery in the ordinary course of *727 business with any necessary endorsement or assignment.”
— 673.1041(1) — 18 cases
Nagel v. Cronebaugh, 782 So. 2d 436 (Fla. 5th DCA 2001). “§ 673.1041(1), Fla. Stat. (1993); see United Nat'l Bank of Miami v.”
Third Fed. Sav. & Loan Associaiton of Cleveland v. Leah G. Koulouvaris a/ k/ a Leah Koulouvaris, 247 So. 3d 652 (Fla. 2d DCA 2018). “" § 673.1041(1), Fla. Stat. (2012) (emphasis added).”
Perry v. Fairbanks Capital Corp., 888 So. 2d 725 (Fla. 5th DCA 2004). “1021, or any other writing that evidences a right to the payment of money, is not itself a security agreement or lease, and is of a type that is transferred by delivery in the ordinary course of *727 business with any necessary endorsement or assignment.”
Chuchian v. Situs Investments, LLC, 219 So. 3d 992 (Fla. 5th DCA 2017).
In re Elowitz, 550 B.R. 603 (Bankr. S.D. Florida 2016). “Fla. Stat § 673.1041(1). “An instrument is a ‘note’ if it is a promise and is a ‘draft’ if it is an order.”
— 673.1041(1)(a) — 1 case
GMAC v. Honest Air Conditioning & Heating, 933 So. 2d 34 (Fla. 2d DCA 2006).
— 673.1041(1)(c) — 2 cases
Sims v. New Falls Corp., 37 So. 3d 358 (Fla. 3d DCA 2010). “2d DCA 1975); see also §§ 673.1041(1)(c), 673.1061(1)(b),(c), Fla.”
GMAC v. Honest Air Conditioning & Heating, 933 So. 2d 34 (Fla. 2d DCA 2006).
— 673.1041(2) — 3 cases
Any Kind Checks Cashed, Inc. v. Talcott, 830 So. 2d 160 (Fla. 4th DCA 2002). “§ 673.1041(2) & (5), Fla. Stat. (2001). [5] Section 560.”
Berman v. U.S. Fin. Acceptance Corp., 669 So. 2d 1116 (Fla. 4th DCA 1996).
Dzikowski v. Moreno (In Re V.O.C. Analytical Labs., Inc.), 263 B.R. 156 (S.D. Fla. 2001).
— 673.1041(5) — 3 cases
In re Elowitz, 550 B.R. 603 (Bankr. S.D. Florida 2016). “Fla. Stat § 673.1041(1). “An instrument is a ‘note’ if it is a promise and is a ‘draft’ if it is an order.”
Paramount v. Gilbert, 867 So. 2d 642 (Fla. 4th DCA 2004).
Lucas v. Bankatlantic, 924 So. 2d 959 (Fla. 4th DCA 2006).
— 673.1041(6) — 6 cases
Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 2008). “Considering that a check is a negotiable instrument, the most relevant provisions governing the status of the funds represented by an issued check, specifically as to who is in "possession" or "control," are those found within the Uniform Commercial Code (U.C.C.). The U.C.C. has…”
Walton v. Clark & Washington, P.C., 454 B.R. 537 (Bankr. M.D. Fla. 2011). “§ 673.1041(6), Fla. Stat. 27 . § 673.1131(1), Fla.”
Any Kind Checks Cashed, Inc. v. Talcott, 830 So. 2d 160 (Fla. 4th DCA 2002). “§ 673.1041(2) & (5), Fla. Stat. (2001). [5] Section 560.”
SCADIF, S.A. v. First Union Nat'l Bank, 208 F. Supp. 2d 1352 (S.D. Fla. 2002). “If the appellate court had applied the “four corners” rule, the factual issue could not have arisen, as a check is defined in section 673.1041(6), Florida Statutes, as a “draft, other than a documentary draft, payable on demand.”
Lucas v. BankAtlantic, 944 So. 2d 1031 (Fla. 4th DCA 2006).
— 673.1041(7) — 1 case
Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 2008). “Considering that a check is a negotiable instrument, the most relevant provisions governing the status of the funds represented by an issued check, specifically as to who is in "possession" or "control," are those found within the Uniform Commercial Code (U.C.C.). The U.C.C. has…”
— 673.1041(l)(c) — 1 case
Sims v. New Falls Corp., 37 So. 3d 358 (Fla. 3d DCA 2010). “2d DCA 1975); see also §§ 673.1041(1)(c), 673.1061(1)(b),(c), Fla.”
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