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. 673.4151

673.4151 Obligation of indorser.—

(1) Subject to subsections (2), (3), and (4) and to s. 673.4191(4), if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument:

(a) According to the terms of the instrument at the time it was indorsed; or

(b) If the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in ss. 673.1151 and 673.4071.

The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.

(2) If an indorsement states that it is made “without recourse” or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (1) to pay the instrument.

(3) If notice of dishonor of an instrument is required by s. 673.5031 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (1) is discharged.

(4) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subsection (1) is discharged.

(5) If an indorser of a check is liable under subsection (1) and the check is not presented for payment, or given to a depositary bank for collection, within 30 days after the day the indorsement was made, the liability of the indorser under subsection (1) is discharged.

History.—s. 2, ch. 92-82.

F.S. 673.4151 on Google Scholar

F.S. 673.4151 on Casetext

Amendments to 673.4151

Arrestable Offenses / Crimes under Fla. Stat. 673.4151

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.4151.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WELLS FARGO BANK, N. A. v. F. SHEIKHA,, 221 So. 3d 657 (Fla. Dist. Ct. App. 2017)

. . . the amount due on the instrument pursuant to section 673,4151(1), Florida Statutes (2014), Section 673.4151 . . . recourse’ or otherwise disclaims liability of the indorser, the indorser is not liable under subsection [673.4151 . . .

J. LUCAS, v. BANKATLANTIC,, 924 So. 2d 959 (Fla. Dist. Ct. App. 2006)

. . . As an indorser, he was liable to BankAtlantic under both sections 673.4151 and 673.4161, Florida Statutes . . .