The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.4071

673.4071 Alteration.—

(1) The term “alteration” means:

(a) An unauthorized change in an instrument which change purports to modify in any respect the obligation of a party; or

(b) An unauthorized addition of words or numbers or other change to an incomplete instrument which addition or change relates to the obligation of a party.

(2) Except as provided in subsection (3), an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.

(3) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument according to its original terms or, in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed.

History.—s. 2, ch. 92-82.

F.S. 673.4071 on Google Scholar

F.S. 673.4071 on Casetext

Amendments to 673.4071

Arrestable Offenses / Crimes under Fla. Stat. 673.4071

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.4071.

Annotations, Discussions, Cases:

Cases from cite.case.law:

U. S. BANK NATIONAL ASSOCIATION FOR BAFC v. ROSEMAN, H., 214 So. 3d 728 (Fla. Dist. Ct. App. 2017)

. . . Section 673.4071, Florida Statutes (2015), entitled “Alteration,” provides, in pertinent part: (1) The . . . Applying section 673.4071 here, the placement of the undated blank endorsement on the original note after . . . “purported to modify in any respect the obligation of a party” (in this case, defendant Jimenez). § 673.4071 . . . As such, the original note “may be enforced according to its original terms.” § 673.4071(2), Fla. . . . According to our sister court: Section 673.407(2)(a), Florida Statutes [the predecessor to section 673.4071 . . .