Florida Statute 673.4201 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 673.4201

Total Results: 7

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

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

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60233139

Cited 11 times | Published

*255for lack of delivery. This claim is based on section 673.4201(l)(b), Florida Statutes (1997), which provides

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

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

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679416

Cited 5 times | Published

for conversion of an instrument pursuant to section 673.4201, Florida Statutes, breach of good faith and

In Re Jones

219 B.R. 631, 11 Fla. L. Weekly Fed. B 243, 1998 Bankr. LEXIS 388, 1998 WL 154656

United States Bankruptcy Court, M.D. Florida | Filed: Mar 30, 1998 | Docket: 1733886

Cited 5 times | Published

applicable to instruments as well. Fla.Stat.Ann. § 673.4201(1) (West 1998). Conversion is defined as "the

Glancy v. First Western Bank

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

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 1332998

Cited 3 times | Published

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

Industrial Park Development Corp. v. American Express Bank, FSB

960 F. Supp. 2d 1363, 2013 WL 3119057, 2013 U.S. Dist. LEXIS 87315

District Court, S.D. Florida | Filed: Jun 21, 2013 | Docket: 65993016

Cited 2 times | Published

issuer or acceptor of the instrument.” Fla. Stat. § 673.4201(l)(a);5 see Doc. 34, p. 6. An “issuer” is “a

Attorney's Title Insurance Fund, Inc. v. Regions Bank

491 F. Supp. 2d 1087, 62 U.C.C. Rep. Serv. 2d (West) 886, 2007 U.S. Dist. LEXIS 43358, 2007 WL 1628803

District Court, S.D. Florida | Filed: Apr 11, 2007 | Docket: 2390857

Cited 2 times | Published

conversion of a negotiable instrument pursuant to § 673.4201(1) because there was no constructive or actual

RACSO DIAGNOSTIC v. Community Bank

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

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 1728433

Cited 1 times | Published

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