Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 673.4041 - Full Text and Legal Analysis
Florida Statute 673.4041 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 673.4041 Case Law from Google Scholar Google Search for Amendments to 673.4041

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS
View Entire Chapter
F.S. 673.4041
673.4041 Impostors; fictitious payees.
(1) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(2) If a person whose intent determines to whom an instrument is payable (s. 673.1101(1) or (2)) does not intend the person identified as payee to have any interest in the instrument, or the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special indorsement:
(a) Any person in possession of the instrument is its holder.
(b) An indorsement by any person in the name of the payee stated in the instrument is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(3) Under subsection (1) or subsection (2), an indorsement is made in the name of a payee if:
(a) It is made in a name substantially similar to that of the payee; or
(b) The instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.
(4) With respect to an instrument to which subsection (1) or subsection (2) applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
History.s. 2, ch. 92-82.

F.S. 673.4041 on Google Scholar

F.S. 673.4041 on CourtListener

Amendments to 673.4041


Annotations, Discussions, Cases:

Cases Citing Statute 673.4041

Total Results: 3

The Florida Bar v. Zana Holley Dupee

160 So. 3d 838, 40 Fla. L. Weekly Supp. 171, 2015 Fla. LEXIS 581, 2015 WL 1343119

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644852

Published

property of Respondent’s client. See § 673.4041(2), Fla. Stat. (2014). In late August and

Sarasota Avionics International, Inc. v. Wells Fargo Bank, N.A.

984 F. Supp. 2d 1265, 2013 WL 6182958, 2013 U.S. Dist. LEXIS 169002

District Court, M.D. Florida | Filed: Sep 24, 2013 | Docket: 65995773

Published

reliance on Florida’s U.C.C. as codified in Section 673.4041 of the Florida Statutes to avoid disgorgements

Lucas v. Bankatlantic

924 So. 2d 959, 59 U.C.C. Rep. Serv. 2d (West) 346, 2006 Fla. App. LEXIS 4967, 2006 WL 862903

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64843282

Published

applicable under the undisputed facts of this case. Section 673.4041 is crucial to the result here. That section