Florida Statute 674.104 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 674
UNIFORM COMMERCIAL CODE: BANK DEPOSITS AND COLLECTIONS

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F.S. 674.104

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.

Note.—s. 4-104, U.C.C.

F.S. 674.104 on Google Scholar

F.S. 674.104 on Casetext

Amendments to 674.104

Arrestable Offenses / Crimes under Fla. Stat. 674.104

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 674.104.

Annotations, Discussions, Cases:

Cases Citing Statute 674.104

Total Results: 12

James Barry Wright v. City of Miami Gardens, etc.

Court: Fla. | Date Filed: 2016-09-15T00:00:00-07:00

Citation: 200 So. 3d 765, 41 Fla. L. Weekly Supp. 387, 2016 Fla. LEXIS 2044

Snippet: business days to effect notice of dishonor. See § 674.104(1)(j), Fla. Stat. (2016) (“In this chapter, unless

Williams v. State

Court: Fla. | Date Filed: 2008-01-09T23:53:00-08:00

Citation: 987 So. 2d 1

Snippet: entitled to considerable weight." Id. at 674, 104 S.Ct. 2052. Defendant makes the assertion that

Lucas v. BankAtlantic

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-21T00:53:00-07:00

Citation: 944 So. 2d 1031

Snippet: item" includes an "instrument." § 674.104(1)(i), Fla. Stat. (2004). The check here at issue

First Union Nat. Bank v. First Fla. Bank, NA

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-16T00:53:00-07:00

Citation: 616 So. 2d 1168

Snippet: expired at midnight on Monday, August 18, 1986. § 674.104(h), Fla. Stat. (1985). By the midnight deadline

Espirito Santo Bank of Florida v. Agronomics Finance Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-31T00:00:00-08:00

Citation: 591 So. 2d 1078, 21 U.C.C. Rep. Serv. 2d (West) 1054, 1991 Fla. App. LEXIS 12888, 1991 WL 276886

Snippet: consequence.” Section 674.104, Fla.Stat. (1989) (emphasis added). Although section 674.104 does not define …effect the new definition will have on section 674.104, Florida Statutes, and the availability of consequential

Hedglin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-13T00:00:00-07:00

Citation: 541 So. 2d 763, 14 Fla. L. Weekly 935, 10 U.C.C. Rep. Serv. 2d (West) 453, 1989 Fla. App. LEXIS 1916, 1989 WL 34501

Snippet: to cash or deposit any item, as defined in s. 674.104(l)(g), in any bank or depository with intent to…instrument included in the definition of “item” under § 674.104(l)(g) must be a negotiable instrument; and, that…negotiable. We find no merit in his position. § 674.104(l)(g), Florida Statutes (1987) defines an “item

Bank of Miami v. BANCO INDUS. Y GANADERO

Court: Fla. Dist. Ct. App. | Date Filed: 1987-11-02T23:53:00-08:00

Citation: 515 So. 2d 1038

Snippet: quot;midnight deadline" rule, §§ 674.302, 674.104(1)(h), Fla. Stat. (1979),[1] and thereby became…on which it receives the relevant item." § 674.104(1)(h), Fla. Stat. (1979). Accordingly, under the

Florida National Bank at Perry v. Citizens Bank of Perry

Court: Fla. Dist. Ct. App. | Date Filed: 1985-08-13T00:00:00-07:00

Citation: 474 So. 2d 852, 41 U.C.C. Rep. Serv. (West) 1348, 10 Fla. L. Weekly 1949, 1985 Fla. App. LEXIS 15482

Snippet: provisional vs. final payment or settlement, see Section 674.104(l)(j), 674.213 and UCC Comments. No. AW

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-01-30T00:00:00-08:00

Citation: 444 So. 2d 563, 1984 Fla. App. LEXIS 11495

Snippet: cash or deposit any item, as defined in section 674.-104(l)(g), in any bank or depository with intent to

Royal Trust Bank of Orlando v. All Fla. Fleets, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-05-26T00:53:00-07:00

Citation: 431 So. 2d 1043

Snippet: (1)(a), 674.212(1), Fla. Stat. (1981). [2] §§ 674.104(1)(h), 674.202(2), Fla. Stat. (1981).

Capital City First Nat. Bank v. Lewis State Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1977-01-18T23:53:00-08:00

Citation: 341 So. 2d 1025

Snippet: its midnight deadline [the next banking day, § 674.104(h)]... ." Sec. 674.107, F.S. 1973, "Time…its midnight deadline [the next banking day, § 674.104(h)] following receipt of an item ... acts seasonably

Peoples Bank in North Fort Myers v. Bob Lincoln, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1973-09-14T00:53:00-07:00

Citation: 283 So. 2d 400

Snippet: which it was not. Cf. Fla. Stat. § 673.104 with § 674.104 (1)(f) (1971), F.S.A. We described the instrument