The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

View Entire Chapter

F.S. 673.4111

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.

F.S. 673.4111 on Google Scholar

F.S. 673.4111 on Casetext

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 from cite.case.law:

TOROCSIK, v. HSBC BANK USA, a, 165 So. 3d 781 (Fla. Dist. Ct. App. 2015)

. . . The seller’s action for damages against the Bank was based on section 673.4111, Florida Statutes (2008 . . .

ARNOLD, MATHENY AND EAGAN, P. A. v. FIRST AMERICAN HOLDINGS, INC., 982 So. 2d 628 (Fla. 2008)

. . . See § 673.4111(2), Fla. Stat. (2002). . . . bank refuses to pay after receiving notice of particular circumstances giving rise to the damages. § 673.4111 . . .

JTM, INC. v. TOTALBANK,, 795 So. 2d 161 (Fla. Dist. Ct. App. 2001)

. . . Section 673.4111, Florida Statutes (1993), does apply to cashier’s checks; however, JTM lacks standing . . . Section 673.4111 gives only “the person asserting the right to enforce” the cashier’s check standing . . . to sue for dishonor. § 673.4111(2), Fla. . . . Under the plain meaning of section 673.4111 and the facts of this case, only Future Tech, the holder . . .