673.4061
Negligence contributing to forged signature or alteration of instrument.
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673.4061 Negligence contributing to forged signature or alteration of instrument.—
(1) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.
(2) Under subsection (1), if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.
(3) Under subsection (1), the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection (2), the burden of proving failure to exercise ordinary care is on the person precluded.
History.—s. 2, ch. 92-82.
Notes of Decisions
Cited in 1
case, 1998–1998 · leading case: GATEWAY AMERICAN BANK v. Lucky Jet Corp.
GATEWAY AMERICAN BANK v. Lucky Jet Corp. (1998)
“(1997) (employer's responsibility for fraudulent indorsement of an employee); § 673.4061, Fla.Stat. (1997) (negligence contributing to forged signatures).”
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