Florida Statute 673.1051 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

View Entire Chapter

F.S. 673.1051

673.1051 Issue of instrument.—

(1) The term “issue” means:

(a) The first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person; or

(b) If agreed to by the payee, the first transmission by the drawer to the payee of an image of an item and information derived from the item which enables the depositary bank to collect the item under federal law by transferring or presenting an electronic check.

(2) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.

(3) The term “issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.

History.—s. 2, ch. 92-82; s. 50, ch. 2025-92.

F.S. 673.1051 on Google Scholar

F.S. 673.1051 on CourtListener

Amendments to 673.1051

Annotations, Discussions, Cases:

Cases Citing Statute 673.1051

Total Results: 4

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

Guarino, Talcott issued the check to him. See § 673.1051(1) (defining "issue" as "the first delivery of

Industrial Park Development Corp. v. American Express Bank, FSB

960 F. Supp. 2d 1363, 2013 WL 3119057, 2013 U.S. Dist. LEXIS 87315

District Court, S.D. Florida | Filed: Jun 21, 2013 | Docket: 65993016

Cited 2 times | Published

maker or drawer of an instrument.” Fla. Stat. § 673.1051(3). Courts interpreting this statute hold that

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

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677194

Published

. is binding on the maker or drawer[,]” section 673.1051(2), Florida Statutes (2021), we reverse.

Zaleski v. Woessner

659 So. 2d 716, 27 U.C.C. Rep. Serv. 2d (West) 515, 1995 Fla. App. LEXIS 9248, 1995 WL 516439

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 64758471

Published

the Uniform Commercial Code. Specifically, section 673.1051 makes non-delivery of an instrument a defense