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The 2025 Florida Statutes
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F.S. 674.104674.104 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 674.104
Total Results: 18
341 So. 2d 1025, 21 U.C.C. Rep. Serv. (West) 183
District Court of Appeal of Florida | Filed: Jan 19, 1977 | Docket: 1393600
Cited 12 times | Published
its midnight deadline [the next banking day, § 674.104(h)]... ."
Sec. 674.107, F.S. 1973, "Time of receipt
282 F. Supp. 2d 1358, 2003 U.S. Dist. LEXIS 21201, 2003 WL 21078045
District Court, S.D. Florida | Filed: Mar 27, 2003 | Docket: 2347345
Cited 10 times | Published
passbook, share draft, or like account." Fla. Stat. § 674.104(1)(a). The relationship between a bank and the
649 F. Supp. 106, 1985 U.S. Dist. LEXIS 18147
District Court, M.D. Florida | Filed: Jul 8, 1985 | Docket: 1198821
Cited 9 times | Published
delivered against honor of the draft." Fla.Stat. § 674.104(1)(f). The two bills involved in this case were
119 F. Supp. 3d 1328, 87 U.C.C. Rep. Serv. 2d (West) 182, 2015 U.S. Dist. LEXIS 98235, 2015 WL 4554921
District Court, S.D. Florida | Filed: Jul 28, 2015 | Docket: 64303285
Cited 7 times | Published
a bank for collection or payment.” Fla. Stat. § 674.104(i). " ‘[l]tems’ include (a) ‘instruments' and
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
receives the relevant item...." Fla.Stat.Ann. § 674.104(j) (1993)
The basic rules regarding the
283 So. 2d 400, 13 U.C.C. Rep. Serv. (West) 672, 1973 Fla. App. LEXIS 6650
District Court of Appeal of Florida | Filed: Sep 14, 1973 | Docket: 1743577
Cited 6 times | Published
which it was not. Cf. Fla. Stat. § 673.104 with § 674.104 (1)(f) (1971), F.S.A. We described the instrument
208 F. Supp. 2d 1352, 48 U.C.C. Rep. Serv. 2d (West) 232, 2002 U.S. Dist. LEXIS 12962, 2002 WL 1473458
District Court, S.D. Florida | Filed: Jul 5, 2002 | Docket: 2449794
Cited 5 times | Published
definition of documentary draft set forth in section 674.104(f), Florida Statutes, the Check could only
616 So. 2d 1168, 20 U.C.C. Rep. Serv. 2d (West) 1017, 1993 Fla. App. LEXIS 4230, 1993 WL 114778
District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 1726729
Cited 3 times | Published
expired at midnight on Monday, August 18, 1986. § 674.104(h), Fla. Stat. (1985).
By the midnight deadline
193 F. Supp. 3d 1294, 2016 U.S. Dist. LEXIS 183865, 2016 WL 4613388
District Court, S.D. Florida | Filed: Jun 15, 2016 | Docket: 64309452
Cited 2 times | Published
order governed by chapter 670 Fla. Stat. Ann. § 674.104®. The chapter . 670 exemption to “items” includes
944 So. 2d 1031, 2006 WL 1686486
District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 291078
Cited 1 times | Published
definition of an "item" includes an "instrument." § 674.104(1)(i), Fla. Stat. (2004). The check here at issue
278 B.R. 613, 15 Fla. L. Weekly Fed. B 176, 2002 Bankr. LEXIS 554
United States Bankruptcy Court, M.D. Florida | Filed: Apr 17, 2002 | Docket: 65782393
Cited 1 times | Published
Legion Insurance points out that Florida Statutes § 674.104(l)(e) provides that the holder of an account,
591 So. 2d 1078, 21 U.C.C. Rep. Serv. 2d (West) 1054, 1991 Fla. App. LEXIS 12888, 1991 WL 276886
District Court of Appeal of Florida | Filed: Dec 31, 1991 | Docket: 64664432
Cited 1 times | Published
consequence.” Section 674.104, Fla.Stat. (1989) (emphasis added). Although section 674.104 does not define
515 So. 2d 1038, 1987 WL 4126
District Court of Appeal of Florida | Filed: Nov 3, 1987 | Docket: 1467319
Cited 1 times | Published
day on which it receives the relevant item." § 674.104(1)(h), Fla. Stat. (1979). Accordingly, under the
200 So. 3d 765, 41 Fla. L. Weekly Supp. 387, 2016 Fla. LEXIS 2044, 2016 WL 4945053
Supreme Court of Florida | Filed: Sep 15, 2016 | Docket: 4422290
Published
business days to effect notice of dishonor. See § 674.104(1)(j), Fla. Stat. (2016) (“In this chapter, unless
82 F.3d 1020
Court of Appeals for the Eleventh Circuit | Filed: May 13, 1996 | Docket: 64024557
Published
it receives the relevant item-” Fla. Stat.Ann. § 674.104(j) (1993).
The basic rules regarding the payor
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
District Court of Appeal of Florida | Filed: Apr 13, 1989 | Docket: 64641608
Published
instrument included in the definition of “item” under § 674.104(l)(g) must be a negotiable instrument; and, that
474 So. 2d 852, 41 U.C.C. Rep. Serv. (West) 1348, 10 Fla. L. Weekly 1949, 1985 Fla. App. LEXIS 15482
District Court of Appeal of Florida | Filed: Aug 13, 1985 | Docket: 64613796
Published
provisional vs. final payment or settlement, see Section 674.104(l)(j), 674.213 and UCC Comments.
444 So. 2d 563, 1984 Fla. App. LEXIS 11495
District Court of Appeal of Florida | Filed: Jan 30, 1984 | Docket: 64602435
Published
to cash or deposit any item, as defined in section 674.-104(l)(g), in any bank or depository with intent
