Florida Statutes

Fla. Stat. § 673.1081 (2025)

Payable on demand or at definite time.

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673.1081 Payable on demand or at definite time.—

(1) A promise or order is “payable on demand” if it:

(a) States that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder; or

(b) Does not state any time of payment.

(2) A promise or order is “payable at a definite time” if it is payable on elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of prepayment, acceleration, extension at the option of the holder, or extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event.

(3) If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date.

History.—s. 2, ch. 92-82.

Notes of Decisions

Cited in 5 cases, 1994–2012 · leading case: Nagel v. Cronebaugh, 782 So. 2d 436 (Fla. 5th DCA 2001).

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Nagel v. Cronebaugh, 782 So. 2d 436 (Fla. 5th DCA 2001). · cites it 5× “THE PROMISSORY NOTE Nagel argues that paragraph 1 of the promissory note is controlled by section 673.1081(3), Florida Statutes (1993), that provides, "If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on…”

Jasser v. Saadeh, 91 So. 3d 883 (Fla. 4th DCA 2012). · cites it 8× “After a non-jury trial the court ruled that section 673.1081, Florida Statutes, governed the payment, making it due upon demand.”

In Re Whittaker, 177 B.R. 360 (Bankr. N.D. Fla. 1994). · cites it 4× “, Fla.Stat. § 673.1081 (absent due date, promise is “payable on demand”).”

Mosher v. Anderson, 817 So. 2d 812 (Fla. 2002). · cites it 2× “" See § 673.1081, Fla. Stat. (2001). [3] These two principles are in contrast to the common law rule for written contracts, in which the cause of action accrues upon the breach.”

Bannoura v. Bannoura, 655 So. 2d 1187 (Fla. 4th DCA 1995). · cites it 4× “Section 673.1081(1), Florida Statutes (1993), provides that (1) A promise or order is “payable on demand” if it: (a) States that it is payable on demand or at sight or otherwise indicates that it is payable at the will of the holder; or (b) Does not state any time of payment.”

— 673.1081(1) — 1 case

Bannoura v. Bannoura, 655 So. 2d 1187 (Fla. 4th DCA 1995). “Section 673.1081(1), Florida Statutes (1993), provides that (1) A promise or order is “payable on demand” if it: (a) States that it is payable on demand or at sight or otherwise indicates that it is payable at the will of the holder; or (b) Does not state any time of payment.”

— 673.1081(2) — 1 case

Jasser v. Saadeh, 91 So. 3d 883 (Fla. 4th DCA 2012). “After a non-jury trial the court ruled that section 673.1081, Florida Statutes, governed the payment, making it due upon demand.”

— 673.1081(3) — 1 case

Nagel v. Cronebaugh, 782 So. 2d 436 (Fla. 5th DCA 2001). “THE PROMISSORY NOTE Nagel argues that paragraph 1 of the promissory note is controlled by section 673.1081(3), Florida Statutes (1993), that provides, "If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on…”

— 673.1081(l)(b) — 2 cases

Jasser v. Saadeh, 91 So. 3d 883 (Fla. 4th DCA 2012). “After a non-jury trial the court ruled that section 673.1081, Florida Statutes, governed the payment, making it due upon demand.”

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