Florida Statute 673.5011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.5011

673.5011 Presentment.—

(1) The term “presentment” means a demand made by or on behalf of a person entitled to enforce an instrument:

(a) To pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank; or

(b) To accept a draft made to the drawee.

(2) The following rules are subject to chapter 674, agreement of the parties, and clearinghouse rules and the like:

(a) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.

(b) Upon demand of the person to whom presentment is made, the person making presentment must:

1. Exhibit the instrument;

2. Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so; and

3. Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

1. Return the instrument for lack of a necessary indorsement; or

2. Refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.

(d) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cutoff hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cutoff hour.

History.—s. 2, ch. 92-82.

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Amendments to 673.5011

Arrestable Offenses / Crimes under Fla. Stat. 673.5011

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.5011.

Annotations, Discussions, Cases:

Cases Citing Statute 673.5011

Total Results: 3

Infrax Systems, Inc. v. Wood

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 155 So. 3d 426, 2015 Fla. App. LEXIS 100, 2015 WL 72260

Snippet: checks were not dishonored. See §§ 673.5011; 673.5021, Fla. Stat. (2011). It follows that

Baptista v. PNC Bank, National Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2012-06-22

Citation: 91 So. 3d 230, 2012 WL 2359652, 2012 Fla. App. LEXIS 10097

Snippet: presented after an established cutoff hour. See § 673.5011(2)(d), Fla. Stat. (2009) (authorizing drawee bank

Arnold, Matheny, Pa v. First Am. Holdings

Court: Supreme Court of Florida | Date Filed: 2008-05-01

Citation: 982 So. 2d 628, 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686

Snippet: payor's possession up until presentment, section 673.5011(1)(a), Florida Statutes (2002), defines presentment