673.5011
Presentment.
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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.
(c) Without dishonoring the instrument, the party to whom presentment is made may:
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.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1996–2022 · leading case: Garrison v. Caliber Home Loans, Inc.
Garrison v. Caliber Home Loans, Inc. (2017)
“) Plaintiff counters that the Fraudulent Document Issue supports her claims because: (1) she is “essentially enforcing her right to ‘presentment’ ” under Florida Statutes, § 673.5011; and (2) if Defendant cannot meet the requirements to enforce the Loan under Florida Statutes,…”
Arnold, Matheny, Pa v. First Am. Holdings (2008)
“Further, regarding whether the funds remain in the payor's account and hence in the payor's possession up until presentment, section 673.5011(1)(a), Florida Statutes (2002), defines presentment as "a demand made by or on behalf of a person entitled to enforce an instrument: (a)…”
Baptista v. PNC Bank, National Ass'n (2012)
“See § 673.5011(2)(d), Fla. Stat. (2009) (authorizing drawee bank to “treat presentment as occurring on the following business day” if check is presented after established cutoff time (not earlier than 2 p.”
Bufman Organization v. Federal Deposit Insurance (1996)
“See Fla.Stat.Ann. § 673.5011 (1993) (defining presentment).”
VFS Leasing Co. v. Markel Insurance Company (2022)
“), “presentment” (§ 673.5011, F.S.), and “payment or acceptance by mistake” (§ 673.”
Infrax Systems, Inc. v. Wood (2015)
“See §§ 673.5011; 673.5021, Fla. Stat. (2011).”
— 673.5011(1)(a) — 1 case
Arnold, Matheny, Pa v. First Am. Holdings (2008)
“Further, regarding whether the funds remain in the payor's account and hence in the payor's possession up until presentment, section 673.5011(1)(a), Florida Statutes (2002), defines presentment as "a demand made by or on behalf of a person entitled to enforce an instrument: (a)…”
— 673.5011(2)(d) — 1 case
Baptista v. PNC Bank, National Ass'n (2012)
“See § 673.5011(2)(d), Fla. Stat. (2009) (authorizing drawee bank to “treat presentment as occurring on the following business day” if check is presented after established cutoff time (not earlier than 2 p.”
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