Florida Statute 673.3111 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.3111

673.3111 Accord and satisfaction by use of instrument.—

(1) If a person against whom a claim is asserted proves that that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, that the amount of the claim was unliquidated or subject to a bona fide dispute, and that the claimant obtained payment of the instrument, the following subsections apply.

(2) Unless subsection (3) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.

(3) Subject to subsection (4), a claim is not discharged under subsection (2) if either paragraph (a) or paragraph (b) applies:

(a) The claimant, if an organization, proves that:

1. Within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place; and

2. The instrument or accompanying communication was not received by that designated person, office, or place.

(b) The claimant, whether or not an organization, proves that, within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with subparagraph (a)1.

(4) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.

History.—s. 2, ch. 92-82.

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Amendments to 673.3111

Arrestable Offenses / Crimes under Fla. Stat. 673.3111

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.3111.

Annotations, Discussions, Cases:

Cases Citing Statute 673.3111

Total Results: 6

UNITED AUTOMOBILE INSURANCE COMPANY v. RIVERO DIAGNOSTIC CENTER, INC., A/A/O CARLOS BACALLAO

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-25T00:53:00-07:00

Snippet: Florida’s Accord and Satisfaction statute, section 673.3111(2), Florida Statutes (2008), and the trial court…negotiable instruments and, in particular, section 673.3111—entitled “Accord and satisfaction by use of instrument…tendered as full satisfaction of the claim. § 673.3111(2), Fla. Stat. (2008) (emphasis added). … Commercial Code comment that follows section 673.3111’s accord and satisfaction provision, which observes…noticed and is therefore conspicuous. § 673.3111, Fla. Stat. (2020), cmt. 4. Additionally

CERTIFIED PRIORITY RESTORATION A/A/O CHERYL COAKLEY v. UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-18T00:53:00-07:00

Snippet: a valid accord and satisfaction under section 673.3111, Florida Statutes (2017), discharged CPR’s claim…and 2) Plaintiffs claims are barred by Section 673.3111, Florida Statutes (accord and satisfaction by … 2d 454, 456 (Fla. 4th DCA 1999)). Section 673.3111 provides a statutory claim for accord and satisfaction…tendered as full satisfaction of the claim. § 673.3111(1)-(2), Fla. Stat. (2017) (emphasis added).

Madison at Soho II Condominium Association v. Devo Acquisition Enterprises, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-24T00:00:00-07:00

Citation: 198 So. 3d 1111, 2016 Fla. App. LEXIS 12740, 2016 WL 4446527

Snippet: satisfaction of that débt, pursuant to section 673.3111, Florida Statutes (2014). The Association countered…the law of accord and satisfaction under section 673.3111. See ch. 2015-97, § 9, at 18-19, Laws…that accord and satisfaction, pursuant to section 673.3111, occurred when the Condominium association deposited…and satisfaction principles set forth in section 673.3111 inapplicable to condominium associations. …was accord and satisfaction, pursuant to section 673.3111. On November 18, 2014, the trial court denied

St. Croix Lane Trust v. St. Croix at Pelican Marsh Condominium Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-08T00:00:00-07:00

Citation: 144 So. 3d 639, 2014 WL 3882458, 2014 Fla. App. LEXIS 12220

Snippet: 126,130 (Fla.2000). IV. DISCUSSION Section 673.3111, Florida Statutes (2011), “Accord and satisfaction…that the amendment was intended to make section 673.3111 inapplicable to condominium associations or that

Mayfair International, Inc. v. Del Gardo

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-30T00:00:00-08:00

Citation: 864 So. 2d 1239, 2004 Fla. App. LEXIS 772, 2004 WL 177019

Snippet: applicable to the instant facts. We agree. Section 673.3111(4) of the Florida Statutes (2001) sets forth the…REMANDED. THOMPSON and MONACO, JJ., concur. . See § 673.3111, Fla. Stat. (2001). . The seller cross-appealed

Berman v. U.S. Financial Acceptance Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-20T00:00:00-08:00

Citation: 669 So. 2d 1116, 29 U.C.C. Rep. Serv. 2d (West) 542, 1996 Fla. App. LEXIS 2627, 1996 WL 120239

Snippet: rejecting the appellant’s contention that section 673.3111, Florida Statutes (1993), and the common law of…statute prevails. The appellant argues that section 673.3111, Accord and Satisfaction, enacted after section…interpretation of section 725.05. We disagree. Section 673.3111 deals with accord and satisfaction by use of instrument…meaning of section 673.1041(2), and thus section 673.3111 does not apply to its terms. Additionally, section…725.05 deals with liquidated debts, whereas section 673.3111 deals with disputed debts. The appellant categorized