Florida Statutes

Fla. Stat. § 674.202 (2025)

Responsibility for collection or return; when action timely.

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674.202 Responsibility for collection or return; when action timely.—

(1) A collecting bank must exercise ordinary care in:

(a) Presenting an item or sending it for presentment;

(b) Sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank’s transferor after learning that the item has not been paid or accepted, as the case may be;

(d) Notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof.

(2) A collecting bank exercises ordinary care under subsection (1) by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness.

(3) Subject to subsection (1)(a), a bank is not liable for the insolvency, neglect, misconduct, mistake, or default of another bank or person or for loss or destruction of an item in the possession of others or in transit.

History.—s. 1, ch. 65-254; s. 20, ch. 92-82.

Note.—s. 4-202, U.C.C.; supersedes s. 674.74.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1973–2025 · leading case: James Barry Wright v. City of Miami Gardens, etc., 200 So. 3d 765 (Fla. 2016).

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James Barry Wright v. City of Miami Gardens, etc., 200 So. 3d 765 (Fla. 2016). · cites it 4× “”); see generally § 674.202, Fla. Stat. (2016) (entitled “Responsibility for collection or return; when action timely.”

Gathercrest Ltd. v. First Am. Bank & Trust, 649 F. Supp. 106 (M.D. Fla. 1985). · cites it 3× “See Fla.Stat. § 674.202(2). Therefore, the Court concludes that MSB is liable on the first bill under the URC, and under the UCC both as a collecting bank and as a collecting bank handling a documentary draft.”

Ratner v. Cent. Nat. Bank of Miami, 414 So. 2d 210 (Fla. 3d DCA 1982). · cites it 3× “We find no legal basis for Ratner's assertion on appeal that breach by Central of its statutory duty of ordinary care pursuant to Section 674.202, Florida Statutes (1979), estops Central from asserting its claim against Ratner.”

SCADIF, S.A. v. First Union Nat'l Bank, 208 F. Supp. 2d 1352 (S.D. Fla. 2002). · cites it 2× “302’s midnight deadline and strict accountability rule *1376 which applies only to payor banks 22 Collecting banks have obligations to transmitting banks and the payees of items, but that obligation is found in section 674.202, Florida Statutes: A collecting bank must exercise…”

Pandol Bros., Inc. v. Ncnb Nat. Bank of Fla., 450 So. 2d 592 (Fla. 4th DCA 1984). · cites it 2× “§ 674.202(2), Fla. Stat. (1981). Because the foregoing requires that the matter be remanded to the trial court for further proceedings, we address the second aspect of appellant's position on appeal, which has reference to requests for admission promulgated by Pandol Brothers,…”

Capital City First Nat. Bank v. Lewis State Bank, 341 So. 2d 1025 (Fla. 1st DCA 1977). “The issue was narrowed in pretrial conferences to one question: was Lewis an "intermediary collecting bank" in its relationship to Capital City and Florida State, so that delivery of the check to Lewis from clearings on June 20 imposed only the obligation to present the check…”

Royal Trust Bank of Orlando v. All Fla. Fleets, Inc., 431 So. 2d 1043 (Fla. 5th DCA 1983). “NOTES [1] §§ 674.202(1)(a), 674.212(1), Fla. Stat. (1981).”

Great W. Bank v. Steve James Ford, Inc., 915 F. Supp. 392 (S.D. Ga. 1996). “Fla.Stat.Ann. § 674.202 provides that a collecting bank must exercise ordinary care in its day-to-day operations.”

Bufman Org. v. Fed. Deposit Ins., 82 F.3d 1020 (11th Cir. 1996). “See Fla. StatAnn. § 674.202(1)(b) (1993) (requiring a collecting bank to use ordinary care in sending notice of dishonor); U.”

Lake Car Connection, Inc. v. Truist Bank (M.D. Fla. 2025). “§ 674.202 (3). Similarly, it provides that “[u]nless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or subagent of the owner of the item and any…”

Florida Nat'l Bank v. Exch. Bank, 277 So. 2d 313 (Fla. 1st DCA 1973). “NOTES [1] § 674.202(1)(a), F.S. "(1) A collecting bank must use ordinary care in: "(a) Presenting an item or sending it for presentment; .”

— 674.202(1)(a) — 2 cases

Royal Trust Bank of Orlando v. All Fla. Fleets, Inc., 431 So. 2d 1043 (Fla. 5th DCA 1983). “NOTES [1] §§ 674.202(1)(a), 674.212(1), Fla. Stat. (1981).”

— 674.202(1)(b) — 1 case

Bufman Org. v. Fed. Deposit Ins., 82 F.3d 1020 (11th Cir. 1996). “See Fla. StatAnn. § 674.202(1)(b) (1993) (requiring a collecting bank to use ordinary care in sending notice of dishonor); U.”

— 674.202(2) — 3 cases

Gathercrest Ltd. v. First Am. Bank & Trust, 649 F. Supp. 106 (M.D. Fla. 1985). “See Fla.Stat. § 674.202(2). Therefore, the Court concludes that MSB is liable on the first bill under the URC, and under the UCC both as a collecting bank and as a collecting bank handling a documentary draft.”

Pandol Bros., Inc. v. Ncnb Nat. Bank of Fla., 450 So. 2d 592 (Fla. 4th DCA 1984). “§ 674.202(2), Fla. Stat. (1981). Because the foregoing requires that the matter be remanded to the trial court for further proceedings, we address the second aspect of appellant's position on appeal, which has reference to requests for admission promulgated by Pandol Brothers,…”

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