Florida Statute 673.4061 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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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.

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Cases Citing Statute 673.4061

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Gateway Am. Bank v. Lucky Jet Corp., 720 So. 2d 1141 (Fla. 4th DCA 1998).

Cited 7 times | Published | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 14300, 1998 WL 821795

..., Florida Statutes (1997), there are several statutory defenses that a bank can assert to avoid liability for paying a forged instrument. See, e.g., § 673.4051, Fla.Stat. (1997) (employer's responsibility for fraudulent indorsement of an employee); § 673.4061, Fla.Stat....