Florida Statute 673.4111 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.4111

673.4111 Refusal to pay cashier’s checks, teller’s checks, and certified checks.—

(1) In this section, the term “obligated bank” means:

(a) The acceptor of a certified check; or

(b) The issuer of a cashier’s check or teller’s check bought from the issuer.

(2) If the obligated bank wrongfully refuses to pay a cashier’s check or certified check, wrongfully stops payment of a teller’s check, or wrongfully refuses to pay a dishonored teller’s check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.

(3) Expenses or consequential damages under subsection (2) are not recoverable if the refusal of the obligated bank to pay occurs because:

(a) The bank suspends payments;

(b) The obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument;

(c) The obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument; or

(d) Payment is prohibited by law.

History.—s. 2, ch. 92-82.

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Amendments to 673.4111

Arrestable Offenses / Crimes under Fla. Stat. 673.4111

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.4111.

Annotations, Discussions, Cases:

Cases Citing Statute 673.4111

Total Results: 3

Peter Torocsik v. HSBC Bank USA, National Association, etc., and Matthew Weaver, etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

Citation: 165 So. 3d 781, 86 U.C.C. Rep. Serv. 2d (West) 741, 2015 Fla. App. LEXIS 8036

Snippet: damages against the Bank was based on section 673.4111, Florida Statutes (2008), which provides in pertinent

Arnold, Matheny, Pa v. First Am. Holdings

Court: Supreme Court of Florida | Date Filed: 2008-05-01

Citation: 982 So. 2d 628, 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686

Snippet: payment on a cashier's or certified check. See § 673.4111(2), Fla. Stat. (2002).[11] A bank may honor the

JTM, INC. v. Totalbank

Court: District Court of Appeal of Florida | Date Filed: 2001-09-05

Citation: 795 So. 2d 161, 46 U.C.C. Rep. Serv. 2d (West) 787, 2001 Fla. App. LEXIS 12493, 2001 WL 1007408

Snippet: it does not apply to cashier's checks. Section 673.4111, Florida Statutes (1993), does apply to cashier's