Florida Statute 673.5011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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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

Annotations, Discussions, Cases:

Cases Citing Statute 673.5011

Total Results: 5

Arnold, Matheny, Pa v. First Am. Holdings

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

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 2518612

Cited 19 times | Published

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

Bufman Organization v. Federal Deposit Insurance Corporation

82 F.3d 1020, 29 U.C.C. Rep. Serv. 2d (West) 905, 1996 U.S. App. LEXIS 11189

Court of Appeals for the Eleventh Circuit | Filed: May 13, 1996 | Docket: 473181

Cited 6 times | Published

Bank M under Florida law. See Fla.Stat.Ann. § 673.5011 (1993) (defining presentment). The checks were

Garrison v. Caliber Home Loans, Inc.

233 F. Supp. 3d 1282, 2017 WL 89001, 2017 U.S. Dist. LEXIS 3140

District Court, M.D. Florida | Filed: Jan 10, 2017 | Docket: 64312590

Cited 4 times | Published

right to ‘presentment’ ” under Florida Statutes, § 673.5011; and (2) if Defendant cannot meet the requirements

Baptista v. PNC Bank, National Ass'n

91 So. 3d 230, 2012 WL 2359652, 2012 Fla. App. LEXIS 10097, 37 Fla. L. Weekly Fed. D 1484

District Court of Appeal of Florida | Filed: Jun 22, 2012 | Docket: 60309848

Published

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

Bufman Organization v. Federal Deposit Insurance

82 F.3d 1020

Court of Appeals for the Eleventh Circuit | Filed: May 13, 1996 | Docket: 64024557

Published

to Bank M under Florida law. See Fla.Stat.Ann. § 673.5011 (1993) (defining presentment). The checks were

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