Florida Statute 673.4201 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.4201

673.4201 Conversion of instrument.—

(1) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by:

(a) The issuer or acceptor of the instrument; or

(b) A payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a copayee.

(2) In an action under subsection (1), the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff’s interest in the instrument.

(3) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.

History.—s. 2, ch. 92-82.

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Amendments to 673.4201

Arrestable Offenses / Crimes under Fla. Stat. 673.4201

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.4201.

Annotations, Discussions, Cases:

Cases Citing Statute 673.4201

Total Results: 4

Cornerstone SMR, Inc. v. Bank of America, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2015-04-08

Citation: 163 So. 3d 565, 2015 Fla. App. LEXIS 5106, 2015 WL 1545006

Snippet: conversion of an instrument pursuant to section 673.4201, Florida Statutes, breach of good faith and fair

Regions Bank v. Maroone Chevrolet, L.L.C.

Court: District Court of Appeal of Florida | Date Filed: 2013-07-17

Citation: 118 So. 3d 251, 81 U.C.C. Rep. Serv. 2d (West) 89, 2013 Fla. App. LEXIS 11234, 2013 WL 3724587

Snippet: lack of delivery. This claim is based on section 673.4201(l)(b), Florida Statutes (1997), which provides

Glancy v. First Western Bank

Court: District Court of Appeal of Florida | Date Filed: 2001-12-26

Citation: 802 So. 2d 498, 2001 Fla. App. LEXIS 18280, 2001 WL 1644679

Snippet: of his or her interest in the instrument. See § 673.4201(2), Fla. Stat. Moreover, while First Western Bank

RACSO DIAGNOSTIC v. Community Bank

Court: District Court of Appeal of Florida | Date Filed: 1999-06-16

Citation: 735 So. 2d 519, 38 U.C.C. Rep. Serv. 2d (West) 486, 1999 Fla. App. LEXIS 7934, 1999 WL 270425

Snippet: Uniform Commercial Code [UCC], current section 673.4201 (former section 673.419), Florida Statutes (1997)