Florida Statute 674.207 | 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. 674.207

674.207 Transfer warranties.—

(1) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that:

(a) The warrantor is a person entitled to enforce the item;

(b) All signatures on the item are authentic and authorized;

(d) The item is not subject to a defense or claim in recoupment (s. 673.3051(1)) of any party that can be asserted against the warrantor; and

(e) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.

(2) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item according to the terms of the item at the time it was transferred or, if the transfer was of an incomplete item, according to its terms when completed as stated in ss. 673.1151 and 673.4071. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an indorsement stating that it is made “without recourse” or otherwise disclaiming liability.

(3) A person to whom the warranties under subsection (1) are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach.

(4) The warranties stated in subsection (1) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.

(5) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.

History.—s. 1, ch. 65-254; s. 25, ch. 92-82.

Note.—s. 4-207, U.C.C.; supersedes ss. 674.67, 674.71.

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Amendments to 674.207

Arrestable Offenses / Crimes under Fla. Stat. 674.207

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 674.207.

Annotations, Discussions, Cases:

Cases Citing Statute 674.207

Total Results: 11

Lucas v. BankAtlantic

Court: District Court of Appeal of Florida | Date Filed: 2006-06-21

Citation: 944 So. 2d 1031, 2006 WL 1686486

Snippet: "transfer[red]" a check within the meaning of section 674.207, Florida Statutes (2004),[1] so that he is responsible

Lucas v. Bankatlantic

Court: District Court of Appeal of Florida | Date Filed: 2006-04-05

Citation: 924 So. 2d 959, 59 U.C.C. Rep. Serv. 2d (West) 346, 2006 Fla. App. LEXIS 4967, 2006 WL 862903

Snippet: section 674.207(1), Florida Statutes (2004). We do not reach the issue under section 674.207, because

Impact Computers & Electronics, Inc. v. Bank of America, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2003-08-27

Citation: 852 So. 2d 946, 2003 Fla. App. LEXIS 12791, 2003 WL 22014728

Snippet: Impact; Count III for alleged violation of section 674.207 for untimely notification of an altered item; and

Sun Bank, NA v. Merrill Lynch

Court: District Court of Appeal of Florida | Date Filed: 1994-04-22

Citation: 637 So. 2d 279, 1994 WL 140738

Snippet: warranty claim against Merrill Lynch under section 674.207, Florida *283 Statutes (1991).[6] As the court

Bloempoort v. Regency Bank of Florida

Court: District Court of Appeal of Florida | Date Filed: 1990-09-05

Citation: 567 So. 2d 923, 12 U.C.C. Rep. Serv. 2d (West) 593, 1990 Fla. App. LEXIS 6729, 1990 WL 127989

Snippet: to alteration or unauthorized signature), and § 674.207, Fla. Stat. (1989) (warranties on transfer or presentment

Parker v. Dudley

Court: District Court of Appeal of Florida | Date Filed: 1988-05-26

Citation: 527 So. 2d 240, 1988 WL 51630

Snippet: 302(1), Fla. Stat.). [7] U.C.C. § 4-207(1)(a) (§ 674.207(1)(a), Fla. Stat.). [8] For tax purposes money

Bank of Miami v. BANCO INDUS. Y GANADERO

Court: District Court of Appeal of Florida | Date Filed: 1987-11-03

Citation: 515 So. 2d 1038, 1987 WL 4126

Snippet: defense such as breach of presentment warranty (s. 674.207(1)), settlement effected or the like, if an item

Lawrence v. CENT. PLAZA BK. AND TRUST CO.

Court: District Court of Appeal of Florida | Date Filed: 1985-05-22

Citation: 469 So. 2d 201, 10 Fla. L. Weekly 1302, 41 U.C.C. Rep. Serv. (West) 182, 1985 Fla. App. LEXIS 14220

Snippet: NOTES [1] This section is identical to section 674.207, Florida Statutes (1983). [2] A cashier's check

Pan American World Airways, Inc. v. Continental National Bank of Miami

Court: District Court of Appeal of Florida | Date Filed: 1984-01-24

Citation: 444 So. 2d 1073, 37 U.C.C. Rep. Serv. (West) 1240, 1984 Fla. App. LEXIS 11532

Snippet: Am asserted a breach of warranty under sections 674.207(1) and (2), Florida Statutes (1981), and fraudulent

Jackson Vitrified v. People's Am.

Court: District Court of Appeal of Florida | Date Filed: 1980-09-16

Citation: 388 So. 2d 1059, 30 U.C.C. Rep. Serv. (West) 281

Snippet: breach of warranties of title under §§ 673.417(2), 674.207, Fla.Stats. (1975), UCC §§ 3-417(2), 4-207 (1962)

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

Court: District Court of Appeal of Florida | Date Filed: 1973-09-14

Citation: 283 So. 2d 400, 13 U.C.C. Rep. Serv. (West) 672, 1973 Fla. App. LEXIS 6650

Snippet: defense such as breach of a presentment warranty (§ 674.207(1)), settlement effected or the like, if an item