Florida Statutes

Fla. Stat. § 673.1051 (2025)

Issue of instrument.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1995–2021 · leading case: Indus. Park Dev. Corp. v. Am. Express Bank, FSB, 960 F. Supp. 2d 1363 (S.D. Fla. 2013).

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Indus. Park Dev. Corp. v. Am. Express Bank, FSB, 960 F. Supp. 2d 1363 (S.D. Fla. 2013). · cites it 2× “” Fla. Stat. § 673.1051 (3). Courts interpreting this statute hold that a drawer has no action in conversion against a bank other than its own drawee bank.”

Any Kind Checks Cashed, Inc. v. Talcott, 830 So. 2d 160 (Fla. 4th DCA 2002). “See § 673.1051(1) (defining "issue" as "the first delivery of an instrument by the maker or drawer .”

Zaleski v. Woessner, 659 So. 2d 716 (Fla. 5th DCA 1995). · cites it 3× “Specifically, section 673.1051 makes non-delivery of an instrument a defense to a suit on the instrument.”

Asgaard Fund, L.p., Etc. v. Mm80 Oceanside Holdings, LLC, Etc. (Fla. 3d DCA 2021). · cites it 3× “Section 673.1051, Florida Statute (2021), pertains to delivery or issuance of an instrument.”

— 673.1051(1) — 1 case

Any Kind Checks Cashed, Inc. v. Talcott, 830 So. 2d 160 (Fla. 4th DCA 2002). “See § 673.1051(1) (defining "issue" as "the first delivery of an instrument by the maker or drawer .”

— 673.1051(2) — 2 cases

Zaleski v. Woessner, 659 So. 2d 716 (Fla. 5th DCA 1995). “Specifically, section 673.1051 makes non-delivery of an instrument a defense to a suit on the instrument.”

Asgaard Fund, L.p., Etc. v. Mm80 Oceanside Holdings, LLC, Etc. (Fla. 3d DCA 2021). “Section 673.1051, Florida Statute (2021), pertains to delivery or issuance of an instrument.”

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