Florida Statutes

Fla. Stat. § 673.4181 (2025)

Payment or acceptance by mistake.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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673.4181 Payment or acceptance by mistake.—

(1) Except as provided in subsection (3), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that payment of the draft had not been stopped pursuant to s. 674.403 or that the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.

(2) Except as provided in subsection (3), if an instrument has been paid or accepted by mistake and the case is not covered by subsection (1), the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, recover the payment from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance.

(3) The remedies provided by subsection (1) or subsection (2) may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by s. 673.4171 or s. 674.407.

(4) Notwithstanding s. 674.215, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection (1) or subsection (2), the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.

History.—s. 2, ch. 92-82.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2011–2025 · leading case: Beaumont v. Bank of New York Mellon, 81 So. 3d 553 (Fla. 5th DCA 2012).

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Beaumont v. Bank of New York Mellon, 81 So. 3d 553 (Fla. 5th DCA 2012). “3091, or who has paid or accepted a draft by mistake as described in section 673.4181. § 673.3011, Fla. Stat. 2 .”

Aum Shree of Tampa, LLC v. HSBC Bank USA (In Re Aum Shree of Tampa, LLC), 449 B.R. 584 (Bankr. M.D. Fla. 2011). “3091 or Section 673.4181. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.”

Banco Bilbao Vizcaya Argentaria v. Easy Luck Co. Inc., 208 So. 3d 1241 (Fla. 3d DCA 2017). · cites it 6× “ANALYSIS Resolution of this dispute is governed in the main by Florida’s version of the Uniform Commercial Code, section 673.4181, titled “Payment or acceptance by mistake,” which provides as follows: (1) Except as provided in subsection (3), if the drawee of a draft pays or…”

Bank of New York Mellon v. Beaufort, 238 So. 3d 365 (Fla. 3d DCA 2017). · cites it 2× “3091 or Florida Statute §673.4181(4), at the time the lawsuit was filed, therefore [BNYM] does not have standing to bring this action.”

US Bank Nat'l Ass'n v. Dukes (Fla. 1st DCA 2025). · cites it 2× “3 Section 673.4181(4), Florida Statutes (2019), involves dishonored instruments, which were paid or accepted by mistake, and does not apply here.”

VFS Leasing Co. v. Markel Ins. Co. (M.D. Fla. 2022). “), and “payment or acceptance by mistake” (§ 673.4181 F.S.), as well as provisions governing the “effect of instrument on obligation for which taken” 7 See, e.”

Musselman v. Deutsche Bank Trust Co. Americas (In re Balderrama), 473 B.R. 823 (Bankr. M.D. Fla. 2012). “3091 or § 673.4181(4). “Holder” is defined as “[t]he person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession.”

— 673.4181(3) — 1 case

Banco Bilbao Vizcaya Argentaria v. Easy Luck Co. Inc., 208 So. 3d 1241 (Fla. 3d DCA 2017). “ANALYSIS Resolution of this dispute is governed in the main by Florida’s version of the Uniform Commercial Code, section 673.4181, titled “Payment or acceptance by mistake,” which provides as follows: (1) Except as provided in subsection (3), if the drawee of a draft pays or…”

— 673.4181(4) — 3 cases

Bank of New York Mellon v. Beaufort, 238 So. 3d 365 (Fla. 3d DCA 2017). “3091 or Florida Statute §673.4181(4), at the time the lawsuit was filed, therefore [BNYM] does not have standing to bring this action.”

US Bank Nat'l Ass'n v. Dukes (Fla. 1st DCA 2025). “3 Section 673.4181(4), Florida Statutes (2019), involves dishonored instruments, which were paid or accepted by mistake, and does not apply here.”

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