Florida Statutes
Fla. Stat. § 673.1091 (2025)
Payable to bearer or to order.
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673.1091 Payable to bearer or to order.—
(1) A promise or order is “payable to bearer” if it:
(a) States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment;
(b) Does not state a payee; or
(c) States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.
(2) A promise or order that is not payable to bearer is “payable to order” if it is payable to the order of an identified person or to an identified person or order. A promise or order that is payable to order is payable to the identified person.
(3) An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to s. 673.2051(1). An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to s. 673.2051(2).
Notes of Decisions
Cited in 7
cases, 2011–2017 · leading case: Mark Pennington v. Ocwen Loan Servicing, LLC, 151 So. 3d 52 (Fla. 1st DCA 2014).
Mark Pennington v. Ocwen Loan Servicing, LLC, 151 So. 3d 52 (Fla. 1st DCA 2014). “§ 673.1091, Fla. Stat. (“A promise or order that is payable to order is payable to the identified person”).”
Fed. Nat'l Mortg. Ass'n v. McFadyen, 194 So. 3d 418 (Fla. 3d DCA 2016). “”); § 673.1091(3), Fla. Stat. (2015) ("An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to s.”
Anastacia S. Lacombe & Max P. Lacombe v. Deutsche Bank Nat'l Trust Co., etc., 149 So. 3d 152 (Fla. 1st DCA 2014). “The note was “payable to order” under section 673.1091, Florida Statutes because it specifically named Tower Mortgage as the payee.”
Wells Fargo Bank, N.A. v. Bohatka, 112 So. 3d 596 (Fla. 1st DCA 2013). “at 496; see § 673.1091(2), Fla. Stat. (“If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.”
Isaac v. Deutsche Bank Nat'l Trust Co., 74 So. 3d 495 (Fla. 4th DCA 2011). “” § 673.1091(1), Fla. Stat. “If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.”
Lindsey v. Wells Fargo Bank, N.A., 139 So. 3d 903 (Fla. 1st DCA 2013). “Moreover, unlike the note in the Riggs case relied on by Wells Fargo, the original note in this case was not endorsed in blank or otherwise assigned to Wells Fargo. See Gee, 72 So.”
U.S. Bank Nat'l Assoc., Etc v. Jean Kachik, 222 So. 3d 592 (Fla. 4th DCA 2017). “” § 673.1091(1), Fla. Stat. “If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.”
— 673.1091(1) — 2 cases
Isaac v. Deutsche Bank Nat'l Trust Co., 74 So. 3d 495 (Fla. 4th DCA 2011). “” § 673.1091(1), Fla. Stat. “If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.”
U.S. Bank Nat'l Assoc., Etc v. Jean Kachik, 222 So. 3d 592 (Fla. 4th DCA 2017). “” § 673.1091(1), Fla. Stat. “If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.”
— 673.1091(2) — 1 case
Wells Fargo Bank, N.A. v. Bohatka, 112 So. 3d 596 (Fla. 1st DCA 2013). “at 496; see § 673.1091(2), Fla. Stat. (“If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.”
— 673.1091(3) — 1 case
Fed. Nat'l Mortg. Ass'n v. McFadyen, 194 So. 3d 418 (Fla. 3d DCA 2016). “”); § 673.1091(3), Fla. Stat. (2015) ("An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to s.”
— 673.1091(l)(b) — 1 case
Fed. Nat'l Mortg. Ass'n v. McFadyen, 194 So. 3d 418 (Fla. 3d DCA 2016). “”); § 673.1091(3), Fla. Stat. (2015) ("An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to s.”
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