The 2023 Florida Statutes (including Special Session C)

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.

F.S. 673.3111 on Google Scholar

F.S. 673.3111 on Casetext

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 from cite.case.law:

MADISON AT SOHO II CONDOMINIUM ASSOCIATION, INC. a v. DEVO ACQUISITION ENTERPRISES, LLC, a, 198 So. 3d 1111 (Fla. Dist. Ct. App. 2016)

. . . acceptance of Devo’s $2412 payment constituted' an accord and satisfaction of that débt, pursuant to section 673.3111 . . . The trust argued that accord and satisfaction, pursuant to section 673.3111, occurred when the Condominium . . . Devo’s first affirmative defense was accord and satisfaction, pursuant to section 673.3111. . . . This motion again alleged, in part, that accord and satisfaction occurred pursuant to section 673.3111 . . . The foregoing is applicable notwithstanding s.673.3111, any purported accord and satisfaction, or any . . .

ST. CROIX LANE TRUST M. L. v. ST. CROIX AT PELICAN MARSH CONDOMINIUM ASSOCIATION, INC., 144 So. 3d 639 (Fla. Dist. Ct. App. 2014)

. . . DISCUSSION Section 673.3111, Florida Statutes (2011), “Accord and satisfaction by use of instrument,” . . . There is nothing in the staff analyses suggesting that the amendment was intended to make section 673.3111 . . .

MAYFAIR INTERNATIONAL, INC. v. DEL GARDO,, 864 So. 2d 1239 (Fla. Dist. Ct. App. 2004)

. . . Section 673.3111(4) of the Florida Statutes (2001) sets forth the elements of statutory accord and satisfaction . . . , providing in relevant part: 673.3111. . . . See § 673.3111, Fla. Stat. (2001). . . . .

BERMAN, v. U. S. FINANCIAL ACCEPTANCE CORPORATION, a, 669 So. 2d 1116 (Fla. Dist. Ct. App. 1996)

. . . written instrument was dispositive of the claim, rejecting the appellant’s contention that section 673.3111 . . . The appellant argues that section 673.3111, Accord and Satisfaction, enacted after section 725.05, changes . . . Section 673.3111 deals with accord and satisfaction by use of instrument. . . . release is not a negotiable instrument within the meaning of section 673.1041(2), and thus section 673.3111 . . . Additionally, section 725.05 deals with liquidated debts, whereas section 673.3111 deals with disputed . . .