Florida Statute 673.1041 | Lawyer Caselaw & Research

The 2024 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; or

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

(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.

F.S. 673.1041 on Google Scholar

F.S. 673.1041 on Casetext

Amendments to 673.1041

Arrestable Offenses / Crimes under Fla. Stat. 673.1041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.1041.

Annotations, Discussions, Cases:

Cases Citing Statute 673.1041

Total Results: 20

TAMMY CAMPBELL v. ATTORNEYS TITLE INSURANCE FUND, INC. and JERRY A. RIGGS, SR.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-05T23:53:00-08:00

Snippet: the validity of the checks. See §§ 673.3081(1), 673.1041, Fla. Stat. (2006). The disciplinary opinion did

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-14T23:53:00-08:00

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-22T00:53:00-07:00

Snippet: document “is a negotiable instrument as defined in s. 673.1041.” § 90.953(1), Fla. Stat. (emphasis added). This…qualifies as a negotiable instrument under section 673.1041, requiring Appellants to make regular interest

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-27T00:53:00-07:00

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

Hanna v. PennyMac Holdings, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-27T00:00:00-07:00

Citation: 270 So. 3d 403

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

Hanna v. PennyMac Holdings, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-27T00:00:00-07:00

Citation: 270 So. 3d 403

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

Bank of New York Mellon v. Garcia

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-05T00:00:00-07:00

Citation: 254 So. 3d 565

Snippet: precedent to its admissibility. 1 Section 673.1041, Florida Statutes (2016) provides in pertinent…, itself, a negotiable instrument. See § 673.1041, Fla. Stat. (2016); see also § 673.1171,

JAMES MC CAMPBELL v. FEDERAL NATIONAL MORTGAGE ASSOCIATION

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-30T00:53:00-07:00

Snippet: a negotiable instrument as defined in section 673.1041." We reverse and remand for

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-18T00:00:00-07:00

Citation: 247 So. 3d 652

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

JOANNE LIUKKONEN v. BAYVIEW LOAN SERVICING LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-28T00:53:00-07:00

Snippet: writing is a negotiable instrument as defined in s. 673.1041.” Id. at 60 (first and third alterations in original…is not, itself, a negotiable instrument. See § 673.1041, Fla. Stat. (2016); see also § 673.1171, Fla. … a negotiable instrument as defined in section 673.1041. § 90.953, Fla. Stat. (2016). Affirmed. LEVINE

HSBC Bank USA v. Buset

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-06T23:53:00-08:00

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

Chuchian v. Situs Investments, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-02T00:00:00-07:00

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

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

OneWest Bank, FSB v. Jose Nunez

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-02T00:00:00-08:00

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

Snippet: enforcement of negotiable instruments. Under section 673,1041(1), Florida Statutes (2013), the term “negotiable…provided in this section-, for the purposes of s. 673.1041(1), a promise or order is unconditional unless

OneWest Bank, FSB v. Jose Nunez

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-01T23:53:00-08:00

Snippet: enforcement of negotiable instruments. Under section 673.1041(1), Florida Statutes (2013), the term “negotiable… in this section, for the purposes of s. 673.1041(1), a promise or order is unconditional unless

Deutsche Bank National Trust Co. v. Clarke

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-18T00:00:00-07:00

Citation: 87 So. 3d 58, 2012 WL 1314190, 2012 Fla. App. LEXIS 6036

Snippet: writing is a negotiable instrument as defined in s. 673.1041.” § 90.953(1). A *61promissory note is a negotiable

Sims v. NEW FALLS CORP.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-26T00:00:00-07:00

Citation: 37 So. 3d 358, 2010 Fla. App. LEXIS 7302, 2010 WL 2077145

Snippet: So.2d 209, 211 (Fla. 2d DCA 1975); see also §§ 673.1041(l)(c), 673.1061(l)(b),(c), Fla. Stat. (1997).

Rotta v. Rotta

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-14T00:00:00-07:00

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

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

Arnold, Matheny, Pa v. First Am. Holdings

Court: Fla. | Date Filed: 2008-05-01T00:53:00-07:00

Citation: 982 So. 2d 628

Snippet: negotiable instruments, such as checks. See, e.g., § 673.1041(6), Fla. Stat. (2002). Section 673.4081, Florida…same bank or branches of the same bank." § 673.1041(7), Fla. Stat. (2002); see also Black's Law

Lucas v. BankAtlantic

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-21T00:53:00-07:00

Citation: 944 So. 2d 1031

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

GMAC v. Honest Air Conditioning & Heating

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-12T00:53:00-07:00

Citation: 933 So. 2d 34

Snippet: Commercial Code: Negotiable Instruments. Section 673.1041(1) generally defines a negotiable instrument as…payable on demand or at a definite time." § 673.1041(1)(a), (b). A negotiable instrument, by definition…act in addition to the payment of money." § 673.1041(1)(c). In contrast, the RISC in this case creates…RISC within the exclusionary language of section 673.1041(1)(c), which provides that a negotiable instrument…The Uniform Commercial Code comment to section 673.1041 provides, in part: Words making a promise or order