Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 674.302 | Lawyer Caselaw & Research
F.S. 674.302 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 674.302

The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS
Chapter 674
UNIFORM COMMERCIAL CODE: BANK DEPOSITS AND COLLECTIONS
View Entire Chapter
F.S. 674.302
674.302 Payor bank’s responsibility for late return of item.
(1) If an item is presented to and received by a payor bank, the bank is accountable for the amount of:
(a) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or
(b) Any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.
(2) The liability of a payor bank to pay an item pursuant to subsection (1) is subject to defenses based on breach of a presentment warranty (s. 674.2081) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
History.s. 1, ch. 65-254; s. 36, ch. 92-82.
Note.s. 4-302, U.C.C.; supersedes s. 676.55.

F.S. 674.302 on Google Scholar

F.S. 674.302 on Casetext

Amendments to 674.302


Arrestable Offenses / Crimes under Fla. Stat. 674.302
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 674.302.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ARNOLD, MATHENY AND EAGAN, P. A. v. FIRST AMERICAN HOLDINGS, INC., 982 So. 2d 628 (Fla. 2008)

. . . Subject to s. 674.302(1)(a), payment to the claimant discharges all liability of the obligated bank with . . .

SCADIF, S. A. a v. FIRST UNION NATIONAL, a, 344 F.3d 1123 (11th Cir. 2003)

. . . Stat. ch. 674.302 (2002). . . . Stat. ch. 674.302. . . . Stat. ch. 674.302. . . .

SCADIF, S. A. a v. FIRST UNION NATIONAL BANK, a, 208 F. Supp. 2d 1352 (S.D. Fla. 2002)

. . . Union failed to pay or return a check for that amount before the midnight deadline imposed by section 674.302 . . . check for collection rather than for payment and that the midnight deadline rule contained in section 674.302 . . . Even if the Check had been presented for payment, section 674.302 applies only to presentments to a “ . . . A collecting bank is not subject to section 674.302’s midnight deadline and strict accountability rule . . . The midnight deadline rule is codified at section 674.302, Florida Statutes: 674.302 Payor bank’s responsibility . . .

FIRST BANK OF IMMOKALEE, n k a v. FARM WORKER S CHECK CASHING, INC., 745 So. 2d 994 (Fla. Dist. Ct. App. 1999)

. . . FWCC sued under section 674.302(1), Florida Statutes (1993), which states that a bank is accountable . . . Section 674.302(1) states that a bank is accountable for the amount of a check if it “does not ... return . . . Florida Statutes (1993), contains the general definitions of the Uniform Commercial Code of which section 674.302 . . . to be forgeries, and which the Bank failed to return by the midnight deadline as mandated by section 674.302 . . .

BUFMAN ORGANIZATION, a v. FEDERAL DEPOSIT INSURANCE CORPORATION, M, a, 82 F.3d 1020 (11th Cir. 1996)

. . . . § 674.302(1)(a) (1993); U.C.C. § 4-302 (1990). Bufman’s first claim is meritless. . . . Section 674.302 states the responsibilities of a payor bank when it is presented with an item: (1) If . . . Because Bufman’s § 674.302 claim is not facially groundless, we will decide whether it is barred by D . . . Bufman disagrees, contending that his § 674.302 claim is based on state law, and is unrelated to the . . . Fla.Stat.Ann. § 674.302. . . .

In ABBEY FINANCIAL CORP. FIRST UNION NATIONAL BANK OF FLORIDA, v. ABBEY FINANCIAL CORP., 193 B.R. 89 (Bankr. D. Mass. 1996)

. . . returned by the midnight deadline and First Union was responsible for paying it pursuant to section 674.302 . . . Fla.Stat. § 674.302(1)(a) (1995). . Id. . 122 B.R. 255 (Bankr.E.D.Va.1990). . . . .

GREAT WESTERN BANK, a v. STEVE JAMES FORD, INC., 915 F. Supp. 392 (S.D. Ga. 1996)

. . . . § 674.302(l)(b).- A collecting bank “means a bank handling an item for collection except the payor . . .

FIRST UNION NATIONAL BANK, OF FLORIDA, v. FIRST FLORIDA BANK, N. A., 616 So. 2d 1168 (Fla. Dist. Ct. App. 1993)

. . . Thus, we are called upon to apply sections 674.301 and 674.302, Florida Statutes (1985), in context with . . .

NORSTAR BANK OF UPSTATE NY, v. SOUTHEAST BANK, N. A., 723 F. Supp. 187 (N.D.N.Y. 1989)

. . . . §§ 674.301 & 674.302. . . . right, it does not follow that plaintiff failed to exercise its duties under F.S.A. §§ 674.-301 and 674.302 . . . of dishonor is not the only means by which plaintiff may discharge its duties under §§ 674.-301 and 674.302 . . . Thus, plaintiff discharged its duty under §§ 674.301 and 674.302. . . . has not persuaded the court that § 674.103 requires more than is already mandated by §§ 674.301 and 674.302 . . .

BANK OF MIAMI, a v. BANCO INDUSTRIAL Y GANADERO DEL BENI, S. A. a, 515 So. 2d 1038 (Fla. Dist. Ct. App. 1987)

. . . following the banking day on which it received the checks, violated the “midnight deadline” rule, §§ 674.302 . . . This count alleges that the Bank of Miami is liable to Banco Beni for violating Section 674.302, Florida . . .

GATHERCREST LTD. a a v. FIRST AMERICAN BANK AND TRUST, a, 649 F. Supp. 106 (M.D. Fla. 1985)

. . . The liability of a payor bank for late return of an item is set forth in Florida Statutes § 674.302: . . . Subsection 674.302(1) does not apply in this case because the bill is a documentary time draft rather . . . However, the provisions of subsection 674.302(2) are applicable if the bills are “properly payable.” . . . Under § 674.302(2), MSB was obligated “within the time allowed for acceptance or payment ... . . . Courts in other jurisdictions have refused to award attorney’s fees under UCC § 4-302 (§ 674.302). . . .

PEOPLES BANK IN NORTH FORT MYERS, v. BOB LINCOLN, INC., 283 So. 2d 400 (Fla. Dist. Ct. App. 1973)

. . . . § 674.302 (1971), F.S.A. . . . . § 674.302 provides: In the absence of a valid defense such as breach of a presentment warranty (§ 674.207 . . . Basically the case is one of failure to comply with Fla.Stat. § 674.302, F.S.A., for which the bank was . . .