The 2023 Florida Statutes (including Special Session C)

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 Casetext

Amendments to 673.4041

Arrestable Offenses / Crimes under Fla. Stat. 673.4041

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.4041.

Annotations, Discussions, Cases:

Cases from cite.case.law:

THE FLORIDA BAR, v. DUPEE,, 160 So. 3d 838 (Fla. 2015)

. . . See § 673.4041(2), Fla. Stat. (2014). . . .

SARASOTA AVIONICS INTERNATIONAL, INC. a v. WELLS FARGO BANK, N. A. a v., 984 F. Supp. 2d 1265 (M.D. Fla. 2013)

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

UNITED STATES v. SEIZED FROM REGIONS BANK ACCT., 759 F. Supp. 2d 1341 (N.D. Ga. 2010)

. . . . § 673.4041. . . . Ann. § 673.4041. . . .

J. LUCAS, v. BANKATLANTIC,, 944 So. 2d 1031 (Fla. Dist. Ct. App. 2006)

. . . We should not have relied on sections 673.4041 and 673.4161, Florida Statutes (2004), to decide this . . .

J. LUCAS, v. BANKATLANTIC,, 924 So. 2d 959 (Fla. Dist. Ct. App. 2006)

. . . Section 673.4041 is crucial to the result here. . . . to an account in a name substantially similar to that of the payee,” i.e., Lucas’s trust account. § 673.4041 . . . Section 673.4041 operates to make Lucas an indorser of the check. . . . Section 673.4041(4) comes into play when section 673.4041(2) applies to an instrument, as it does in . . . Issues of fact remain as to the application of the section 673.4041(2) affirmative defense. . . .