Florida Statute 673.3111 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 673.3111

Total Results: 6

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

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

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 4415730

Cited 1 times | Published

and satisfaction of that débt, pursuant to section 673.3111, Florida Statutes (2014). The Association

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

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

District Court of Appeal of Florida | Filed: Aug 8, 2014 | Docket: 836963

Cited 1 times | Published

126,130 (Fla.2000). IV. DISCUSSION Section 673.3111, Florida Statutes (2011), “Accord and satisfaction

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

District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290972

Published

Florida’s Accord and Satisfaction statute, section 673.3111(2), Florida Statutes (2008), and the trial

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

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199099

Published

that a valid accord and satisfaction under section 673.3111, Florida Statutes (2017), discharged CPR’s

Mayfair International, Inc. v. Del Gardo

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

District Court of Appeal of Florida | Filed: Jan 30, 2004 | Docket: 64827863

Published

applicable to the instant facts. We agree. Section 673.3111(4) of the Florida Statutes (2001) sets forth

Berman v. U.S. Financial Acceptance Corp.

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

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 64763215

Published

rejecting the appellant’s contention that section 673.3111, Florida Statutes (1993), and the common law