Florida Statutes
Fla. Stat. § 673.2011 (2025)
Negotiation.
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673.2011 Negotiation.—
(1) The term “negotiation” means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.
(2) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 2002–2021 · leading case: Pino v. Bank of New York, 121 So. 3d 23 (Fla. 2013).
Pino v. Bank of New York, 121 So. 3d 23 (Fla. 2013). “Section 673.2011(1), Florida Statutes (2008), defines the term "negotiation” as "a transfer of possession, whether voluntary or involuntary, of an instrument by a person *27 other than the issuer to a person who thereby becomes its holder.”
Mario A. Rodriguez & Lendy Rodriguez v. Wells Fargo Bank, N.A. d/b/a Am.'s Servicing Co., 178 So. 3d 62 (Fla. 4th DCA 2015). “§ 673.2011, Fla. Stat. (2010) (emphasis added).”
Taylor v. Deutsche Bank Nat'l Trust Co., 44 So. 3d 618 (Fla. 5th DCA 2010). “Taylor points out that section 673.2011, Florida Statutes (2009), requires, “[ejxcept for negotiation by remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and indorsement by the holder.”
Harvey v. Deutsche Bank Nat'l Trust Co., 69 So. 3d 300 (Fla. 4th DCA 2011). “Because *304 it was not a special indorsement, the indorsement was a "blank indorsement," which made the note "payable to bearer" and allowed the note to be "negotiated by transfer of possession alone." § 673.2051(2), Fla.”
Riggs v. Aurora Loan Servs., LLC, 36 So. 3d 932 (Fla. 4th DCA 2010). “§§ 673.2011(1), 673.3011(1), Fla. Stat. (2008).”
US Bank, NA v. Glicken, 228 So. 3d 1194 (Fla. 5th DCA 2017). “See § 673.2011, Fla. Stat. (2012); Riggs v. Aurora Loan Servs.”
In re Elowitz, 550 B.R. 603 (Bankr. S.D. Florida 2016). “” Fla. Stat. § 673.2011 (1). “[I]f an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.”
Isaac v. Deutsche Bank Nat'l Trust Co., 74 So. 3d 495 (Fla. 4th DCA 2011). “” § 673.2011(2), Fla. Stat. A “holder” is defined as “[tjhe person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession.”
Pino v. Bank of New York Mellon, 57 So. 3d 950 (Fla. 4th DCA 2011). “See § 673.2011(2), Fla. Stat. (2010) (if instrument is payable to an identified person "negotiation requires transfer of possession of the instrument” and endorsement by holder).”
Green v. Green Tree Servicing, LLC, 230 So. 3d 989 (Fla. 5th DCA 2017). “3d 44, 46 (Fla 5th DCA 2015) (citing § 673.2011, Fla. Stat. (2013)). Generally, “a party’s standing is determined at the time the lawsuit was filed.”
Any Kind Checks Cashed, Inc. v. Talcott, 830 So. 2d 160 (Fla. 4th DCA 2002). “See §§ 673.2011(1),.2031(2), .3011(1). As the drawer of the check dishonored by his bank, Talcott's obligation was to pay the draft to a person entitled to enforce the draft "[a]ccording to its terms at the time it was issued .”
HSBC Bank USA v. Buset, 241 So. 3d 882 (Fla. 3d DCA 2018). “, § 673.2011 (“If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.”
— 673.2011(1) — 7 cases
Pino v. Bank of New York, 121 So. 3d 23 (Fla. 2013). “Section 673.2011(1), Florida Statutes (2008), defines the term "negotiation” as "a transfer of possession, whether voluntary or involuntary, of an instrument by a person *27 other than the issuer to a person who thereby becomes its holder.”
Harvey v. Deutsche Bank Nat'l Trust Co., 69 So. 3d 300 (Fla. 4th DCA 2011). “Because *304 it was not a special indorsement, the indorsement was a "blank indorsement," which made the note "payable to bearer" and allowed the note to be "negotiated by transfer of possession alone." § 673.2051(2), Fla.”
Riggs v. Aurora Loan Servs., LLC, 36 So. 3d 932 (Fla. 4th DCA 2010). “§§ 673.2011(1), 673.3011(1), Fla. Stat. (2008).”
Any Kind Checks Cashed, Inc. v. Talcott, 830 So. 2d 160 (Fla. 4th DCA 2002). “See §§ 673.2011(1),.2031(2), .3011(1). As the drawer of the check dishonored by his bank, Talcott's obligation was to pay the draft to a person entitled to enforce the draft "[a]ccording to its terms at the time it was issued .”
Wells Fargo Bank, N.A. v. Sheikha, 221 So. 3d 657 (Fla. 4th DCA 2017).
— 673.2011(2) — 6 cases
Pino v. Bank of New York, 121 So. 3d 23 (Fla. 2013). “Section 673.2011(1), Florida Statutes (2008), defines the term "negotiation” as "a transfer of possession, whether voluntary or involuntary, of an instrument by a person *27 other than the issuer to a person who thereby becomes its holder.”
Isaac v. Deutsche Bank Nat'l Trust Co., 74 So. 3d 495 (Fla. 4th DCA 2011). “” § 673.2011(2), Fla. Stat. A “holder” is defined as “[tjhe person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession.”
Pino v. Bank of New York Mellon, 57 So. 3d 950 (Fla. 4th DCA 2011). “See § 673.2011(2), Fla. Stat. (2010) (if instrument is payable to an identified person "negotiation requires transfer of possession of the instrument” and endorsement by holder).”
Deutsche Bank Nat'l Trust, Etc. v. Fleming Harris (Fla. 4th DCA 2020).
U.S. Bank Nat'l Assoc., Etc v. Jean Kachik, 222 So. 3d 592 (Fla. 4th DCA 2017).
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