Florida Statutes
Fla. Stat. § 674.104 (2025)
Definitions and index of definitions.
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674.104 Definitions and index of definitions.—
(1) In this chapter, unless the context otherwise requires, the term:
(a) “Account” means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit.
(b) “Afternoon” means the period of a day between noon and midnight.
(c) “Banking day” means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions.
(d) “Clearinghouse” means an association of banks or other payors regularly clearing items.
(e) “Customer” means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank.
(f) “Documentary draft” means a draft to be presented for acceptance or payment if specified documents, certificated securities (s. 678.1021) or instructions for uncertificated securities (s. 678.1021), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft.
(g) “Draft” means a draft as defined in s. 673.1041 or an item, other than an instrument, that is an order.
(h) “Drawee” means a person ordered in a draft to make payment.
(i) “Item” means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by chapter 670 or a credit or debit card slip.
(j) “Midnight deadline” with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.
(k) “Settle” means to pay in cash, by clearinghouse settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final.
(l) “Suspends payments” with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business.
(2) Other definitions applying to this chapter and the sections in which they appear are:
“Agreement for electronic presentment,” s. 674.1101.
“Bank,” s. 674.105.
“Collecting bank,” s. 674.105.
“Depositary bank,” s. 674.105.
“Intermediary bank,” s. 674.105.
“Payor bank,” s. 674.105.
“Presenting bank,” s. 674.105.
“Presentment notice,” s. 674.1101.
(3) The following definitions in other chapters apply to this chapter:
“Acceptance,” s. 673.4091.
“Alteration,” s. 673.4071.
“Cashier’s check,” s. 673.1041.
“Certificate of deposit,” s. 673.1041.
“Certified check,” s. 673.4091.
“Check,” s. 673.1041.
“Control,” s. 677.106.
“Good faith,” s. 673.1031.
“Holder in due course,” s. 673.3021.
“Instrument,” s. 673.1041.
“Notice of dishonor,” s. 673.5031.
“Order,” s. 673.1031.
“Ordinary care,” s. 673.1031.
“Person entitled to enforce,” s. 673.3011.
“Presentment,” s. 673.5011.
“Promise,” s. 673.1031.
“Prove,” s. 673.1031.
“Teller’s check,” s. 673.1041.
“Unauthorized signature,” s. 673.4031.
(4) In addition, chapter 671 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
History.—s. 1, ch. 65-254; s. 1, ch. 71-44; s. 1, ch. 75-73; s. 10, ch. 92-82; s. 22, ch. 98-11; s. 16, ch. 2010-131; s. 153, ch. 2025-92.
Note.—s. 4-104, U.C.C.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1973–2021 · leading case: James Barry Wright v. City of Miami Gardens, etc., 200 So. 3d 765 (Fla. 2016).
James Barry Wright v. City of Miami Gardens, etc., 200 So. 3d 765 (Fla. 2016). “See § 674.104(1)(j), Fla. Stat. (2016) (“In this chapter, unless the context otherwise requires, the term: (j) ‘Midnight deadline’ with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which…”
SCADIF, S.A. v. First Union Nat'l Bank, 208 F. Supp. 2d 1352 (S.D. Fla. 2002). “Professor Langbein expressed his view that inasmuch as the Check and collection letter do not fall into the definition of documentary draft set forth in section 674.104(f), Florida Statutes, the Check could only have been recognized under Florida law as a demand item, subject to…”
Carl v. Repub. Sec. Bank, 282 F. Supp. 2d 1358 (S.D. Fla. 2003). “This case turns on an interpretation of Florida banking law. Florida’s statutory version of the Uniform Commercial Code, Article 4, defines an “account” as “any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account.”
Anderson v. Branch Banking & Trust Co. ex rel. BankAtlantic, LLC, 119 F. Supp. 3d 1328 (S.D. Fla. 2015). “” Fla. Stat. § 674.104 (i). " ‘[l]tems’ include (a) ‘instruments' and (b) 'promises’ or 'orders’ to pay money that are handled by a bank for collection or payment,” 7 Anderson U.”
Capital City First Nat. Bank v. Lewis State Bank, 341 So. 2d 1025 (Fla. 1st DCA 1977). “1973, "Notice of dishonor": "Any necessary notice [of dishonor] must be given by a bank before its midnight deadline [the next banking day, § 674.104(h)]... ." Sec. 674.107, F.S. 1973, "Time of receipt of items": "(1) For the purpose of allowing time to process items, prove…”
Espirito Santo Bank of Florida v. Agronomics Fin. Corp., 591 So. 2d 1078 (Fla. 3d DCA 1991). “We express no view regarding the possible effect the new definition will have on section 674.104, Florida Statutes, and the availability of consequential damages in future litigation where bad faith has been alleged.”
Gathercrest Ltd. v. First Am. Bank & Trust, 649 F. Supp. 106 (M.D. Fla. 1985). “Under § 674.104(l)(i), the term properly payable “includes the availability of funds for payment at the time of decision to pay or dishonor.”
Gilbert & Caddy, P.A. v. JP Morgan Chase Bank, N.A., 193 F. Supp. 3d 1294 (S.D. Fla. 2016). “Therefore, if the Sacks Transfers are governed by the EFTA, they are not covered by Chapter 670 and may constitute “items” within the meaning of §§ 674.104® and 674.406. Critically, however, the Sacks Transfers do not constitute funds transfers governed by the EFTA because the…”
First Union Nat. Bank v. First Fla. Bank, NA, 616 So. 2d 1168 (Fla. 2d DCA 1993). “§ 674.104(h), Fla. Stat. (1985). By the midnight deadline, First Florida had delivered the check to the clearinghouse, but had routed this item to the wrong bank.”
Lucas v. BankAtlantic, 944 So. 2d 1031 (Fla. 4th DCA 2006). “" § 674.104(1)(i), Fla. Stat. (2004). The check here at issue is an "instrument.”
Hyman v. Legion Ins. (In re Scott Wetzel Servs., Inc.), 278 B.R. 613 (Bankr. M.D. Fla. 2002). “In support of this proposition, Legion Insurance points out that Florida Statutes § 674.104(l)(e) provides that the holder of an account, if the account is overdrawn, is indebted to the bank.”
Peoples Bank in North Fort Myers v. Bob Lincoln, Inc., 283 So. 2d 400 (Fla. 2d DCA 1973). “104 with § 674.104 (1)(f) (1971), F.S.A. We described the instrument in our original opinion as a sight draft, to make the distinction clear.”
— 674.104(1)(h) — 2 cases
Royal Trust Bank of Orlando v. All Fla. Fleets, Inc., 431 So. 2d 1043 (Fla. 5th DCA 1983).
Bank of Miami v. Banco Indus. Y Ganadero, 515 So. 2d 1038 (Fla. 3d DCA 1987).
— 674.104(1)(i) — 1 case
Lucas v. BankAtlantic, 944 So. 2d 1031 (Fla. 4th DCA 2006). “" § 674.104(1)(i), Fla. Stat. (2004). The check here at issue is an "instrument.”
— 674.104(1)(j) — 1 case
James Barry Wright v. City of Miami Gardens, etc., 200 So. 3d 765 (Fla. 2016). “See § 674.104(1)(j), Fla. Stat. (2016) (“In this chapter, unless the context otherwise requires, the term: (j) ‘Midnight deadline’ with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which…”
— 674.104(f) — 1 case
SCADIF, S.A. v. First Union Nat'l Bank, 208 F. Supp. 2d 1352 (S.D. Fla. 2002). “Professor Langbein expressed his view that inasmuch as the Check and collection letter do not fall into the definition of documentary draft set forth in section 674.104(f), Florida Statutes, the Check could only have been recognized under Florida law as a demand item, subject to…”
— 674.104(h) — 2 cases
Capital City First Nat. Bank v. Lewis State Bank, 341 So. 2d 1025 (Fla. 1st DCA 1977). “1973, "Notice of dishonor": "Any necessary notice [of dishonor] must be given by a bank before its midnight deadline [the next banking day, § 674.104(h)]... ." Sec. 674.107, F.S. 1973, "Time of receipt of items": "(1) For the purpose of allowing time to process items, prove…”
First Union Nat. Bank v. First Fla. Bank, NA, 616 So. 2d 1168 (Fla. 2d DCA 1993). “§ 674.104(h), Fla. Stat. (1985). By the midnight deadline, First Florida had delivered the check to the clearinghouse, but had routed this item to the wrong bank.”
— 674.104(j) — 1 case
Bufman Org. v. Fed. Deposit Ins., 82 F.3d 1020 (11th Cir. 1996).
— 674.104(l)(e) — 1 case
Hyman v. Legion Ins. (In re Scott Wetzel Servs., Inc.), 278 B.R. 613 (Bankr. M.D. Fla. 2002). “In support of this proposition, Legion Insurance points out that Florida Statutes § 674.104(l)(e) provides that the holder of an account, if the account is overdrawn, is indebted to the bank.”
— 674.104(l)(g) — 1 case
Hedglin v. State, 541 So. 2d 763 (Fla. 5th DCA 1989).
— 674.104(l)(i) — 2 cases
SCADIF, S.A. v. First Union Nat'l Bank, 208 F. Supp. 2d 1352 (S.D. Fla. 2002). “Professor Langbein expressed his view that inasmuch as the Check and collection letter do not fall into the definition of documentary draft set forth in section 674.104(f), Florida Statutes, the Check could only have been recognized under Florida law as a demand item, subject to…”
Gathercrest Ltd. v. First Am. Bank & Trust, 649 F. Supp. 106 (M.D. Fla. 1985). “Under § 674.104(l)(i), the term properly payable “includes the availability of funds for payment at the time of decision to pay or dishonor.”
— 674.104(l)(j) — 2 cases
SCADIF, S.A. v. First Union Nat'l Bank, 208 F. Supp. 2d 1352 (S.D. Fla. 2002). “Professor Langbein expressed his view that inasmuch as the Check and collection letter do not fall into the definition of documentary draft set forth in section 674.104(f), Florida Statutes, the Check could only have been recognized under Florida law as a demand item, subject to…”
Florida Nat'l Bank at Perry v. Citizens Bank of Perry, 474 So. 2d 852 (Fla. 1st DCA 1985).
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