Florida Statute 673.1061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.1061

673.1061 Unconditional promise or order.—

(1) Except as provided in this section, for the purposes of s. 673.1041(1), a promise or order is unconditional unless it states:

(a) An express condition to payment;

(b) That the promise or order is subject to or governed by another writing; or

A reference to another writing does not of itself make the promise or order conditional.

(2) A promise or order is not made conditional:

(a) By a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration; or

(b) Because payment is limited to resort to a particular fund or source.

(3) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of s. 673.1041(1). If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.

(4) If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of s. 673.1041(1); but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.

History.—s. 2, ch. 92-82.

F.S. 673.1061 on Google Scholar

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Amendments to 673.1061

Arrestable Offenses / Crimes under Fla. Stat. 673.1061

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.1061.

Annotations, Discussions, Cases:

Cases Citing Statute 673.1061

Total Results: 4

HSBC Bank USA v. Buset

Court: District Court of Appeal of Florida | Date Filed: 2018-02-07

Citation: 241 So. 3d 882

Snippet: recognized by Florida’s Uniform Commercial Code. § 673.1061, Fla. Stat. (“A reference to another writing does

OneWest Bank, FSB v. Jose Nunez

Court: District Court of Appeal of Florida | Date Filed: 2016-03-02

Snippet: addition to the payment of money . . . Section 673.1061, Florida Statutes (2013), defines “unconditional”

OneWest Bank, FSB v. Jose Nunez

Court: District Court of Appeal of Florida | Date Filed: 2016-03-02

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

Snippet: addition to the payment of money ... Section 673.1061, Florida Statutes (2013), defines “unconditional”

Sims v. NEW FALLS CORP.

Court: District Court of Appeal of Florida | Date Filed: 2010-05-26

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

Snippet: (Fla. 2d DCA 1975); see also §§ 673.1041(l)(c), 673.1061(l)(b),(c), Fla. Stat. (1997). The Section went