Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 673.1061 - Full Text and Legal Analysis Florida Statute 673.1061 | Lawyer Caselaw & Research
Fla. Stat. § 673.1061 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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
(c) That rights or obligations with respect to the promise or order are stated in another writing.

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; s. 143, ch. 2025-92.

Cases Citing F.S. 673.1061

Fla. Stat. § 673.1061 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
Copy

·HSBC Bank USA v. Buset, 241 So. 3d 882 (Fla. 3d DCA 2018).

Cited 1 times | Published | Florida 3rd District Court of Appeal

...agreement, while the latter rendered the note “subject to” the mortgage, and therefore, non-negotiable. 7 Nunez, 193 So. 3d at 16. This distinction is recognized by Florida’s Uniform Commercial Code. § 673.1061, Fla....
0 red0 yellow9 green0 procedural
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Copy

·OneWest Bank, FSB v. Jose Nunez, 193 So. 3d 13 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 89 U.C.C. Rep. Serv. 2d (West) 37, 2016 Fla. App. LEXIS 3126, 2016 WL 803542

...charges described in the promise or order, if it: .... (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 . . . Section 673.1061, Florida Statutes (2013), defines “unconditional” by stating those conditions that prevent it from being unconditional: (1) Except as provided in this section, for the purposes of s. 673.1041(1), a promise or order...
...security agreement dated April 1, 1990 between the payee and maker of this note. Rights and obligations with respect to the collateral are [stated in] [governed by] the security agreement.” The bracketed words are alternatives, either of which complies. § 673.1061 cmt....
...he UCC and not destroying negotiability. We agree with the foregoing authority that Section 11 of the note refers to the mortgage for a “statement of rights with respect to . . . . acceleration” and thus does not render the note non- negotiable. § 673.1061(2)(a), Fla....
0 red0 yellow1 green0 procedural
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Copy

OneWest Bank, FSB v. Jose Nunez (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal

...charges described in the promise or order, if it: .... (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 . . . Section 673.1061, Florida Statutes (2013), defines “unconditional” by stating those conditions that prevent it from being unconditional: (1) Except as provided in this section, for the purposes of s. 673.1041(1), a promise or order...
...security agreement dated April 1, 1990 between the payee and maker of this note. Rights and obligations with respect to the collateral are [stated in] [governed by] the security agreement.” The bracketed words are alternatives, either of which complies. § 673.1061 cmt....
...he UCC and not destroying negotiability. We agree with the foregoing authority that Section 11 of the note refers to the mortgage for a “statement of rights with respect to . . . . acceleration” and thus does not render the note non- negotiable. § 673.1061(2)(a), Fla....

This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.