Florida Statutes
Fla. Stat. § 674.2141 (2025)
Right of charge-back or refund; liability of collecting bank; return of item.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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674.2141 Right of charge-back or refund; liability of collecting bank; return of item.—
(1) If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer’s account, or obtain refund from its customer, whether or not it is able to return the item, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank’s midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge back, and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final.
(2) A collecting bank returns an item when it is sent or delivered to the bank’s customer or transferor or pursuant to its instructions.
(3) A depositary bank that is also the payor may charge back the amount of an item to its customer’s account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (s. 674.301).
(4) The right to charge back is not affected by:
(a) Previous use of a credit given for the item; or
(b) Failure by any bank to exercise ordinary care with respect to the item, but a bank so failing remains liable.
(5) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party.
(6) If credit is given in dollars as the equivalent of the value of an item payable in a foreign money, the dollar amount of any charge-back or refund must be calculated on the basis of the bank-offered spot rate for the foreign money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.
Note.—s. 4-212, U.C.C.; former s. 674.212.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1994–2025 · leading case: Suntrust Banks, Inc. v. Cauthon & Mcguigan, 78 So. 3d 709 (Fla. 1st DCA 2012).
Suntrust Banks, Inc. v. Cauthon & Mcguigan, 78 So. 3d 709 (Fla. 1st DCA 2012). “See § 674.2141(1), Fla. Stat. Moreover, through its acceptance of Appellant's Rules and Regulations for Deposit Accounts, Appellee acknowledged and agreed that "neither [Appellant] nor any of its employees or agents will be liable for any statement .”
Impact Computers & Elec., Inc. v. Bank of Am., N.A., 852 So. 2d 946 (Fla. 3d DCA 2003). “Impact subsequently brought suit ultimately asserting four distinct claims against the bank: Count I for alleged violation of section 674.2141 for improperly debiting Impact’s account after settlement of Westgate’s check became final; Count II for alleged breach of the bank’s…”
Regions Bank v. Marvin I. Kaplan (11th Cir. 2021). “See Fla. Stat. § 674.2141 cmt. 1 (“Statistically, this practice of settling provi- sionally first and then awaiting final payment is justified because the vast majority of such cash items are finally paid, with the result that in this great preponderance of cases it becomes…”
Lake Car Connection, Inc. v. Truist Bank (M.D. Fla. 2025). “] Fla. Stat. § 674.2141 (1). That’s exactly what happened here.”
Sun Bank, NA v. Merrill Lynch, 637 So. 2d 279 (Fla. 5th DCA 1994). “212 was amended and transferred to section 674.2141. See ch. 92-82, § 32, at 670, Laws of Fla.”
— 674.2141(1) — 1 case
Suntrust Banks, Inc. v. Cauthon & Mcguigan, 78 So. 3d 709 (Fla. 1st DCA 2012). “See § 674.2141(1), Fla. Stat. Moreover, through its acceptance of Appellant's Rules and Regulations for Deposit Accounts, Appellee acknowledged and agreed that "neither [Appellant] nor any of its employees or agents will be liable for any statement .”
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