The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 674
UNIFORM COMMERCIAL CODE: BANK DEPOSITS AND COLLECTIONS

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F.S. 674.303

674.303 When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified.—

(1) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank’s right or duty to pay an item or to charge its customer’s account for the item if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:

(a) The bank accepts or certifies the item;

(b) The bank pays the item in cash;

(c) The bank settles for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement;

(d) The bank becomes accountable for the amount of the item under s. 674.302 dealing with the payor bank’s responsibility for late return of items; or

(e) With respect to checks, a cutoff hour no earlier than 1 hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.

(2) Subject to subsection (1), items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.

History.—s. 1, ch. 65-254; s. 37, ch. 92-82.

Note.—s. 4-303, U.C.C.; supersedes ss. 676.55, 659.26.

F.S. 674.303 on Google Scholar

F.S. 674.303 on Casetext

Amendments to 674.303

Arrestable Offenses / Crimes under Fla. Stat. 674.303

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 674.303.

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)

. . . reasonable opportunity to act on it before any action by the bank with respect to the item described in s. 674.303 . . .

In TOM STIMUS CHRYSLER PLYMOUTH, INC., 148 B.R. 633 (Bankr. M.D. Fla. 1992)

. . . . § 674.303, while a payor bank is processing a check for payment, the bank may refuse to pay the check . . . Essentially, pursuant to § 674.303, if a payor bank has not accepted or certified a check, has not evidenced . . . pursuant to Fla.Stat. § 674.213, and Southeast could properly dishonor the check pursuant to Fla.Stat. § 674.303 . . .

EBSARY FOUNDATION CO. v. BARNETT BANK OF SOUTH FLORIDA, N. A., 569 So. 2d 806 (Fla. Dist. Ct. App. 1990)

. . . In so doing, we reject Ebsary’s contention that the controversy is governed by section 674.303, Florida . . .

UNITED PARCEL SERVICE, INC. v. WORLD TIME CORPORATION OF AMERICA,, 556 So. 2d 1223 (Fla. Dist. Ct. App. 1990)

. . . .-411; 673.413; 674.303 (1987); 6 R. Anderson, U.C.C. §§ 3-411.12 et seq. (1984); J. White and R. . . .

BARNETT BANK OF JACKSONVILLE, N. A. a v. WARREN FINANCE, INC. a, 532 So. 2d 676 (Fla. Dist. Ct. App. 1988)

. . . accepted” upon issuance, a bank or a customer of the bank may not stop payment under UCC 4-303 (section 674.303 . . .

R. CROSBY, E. E. v. LEWIS, As, 523 So. 2d 1154 (Fla. Dist. Ct. App. 1988)

. . . U.C.C. 4-303(1) 3-410; §§ 674.303(1), 673.410, Fla.Stat. (1985); J. White and R. . . .

L. BROWN, v. LEE COUNTY BANK,, 501 So. 2d 702 (Fla. Dist. Ct. App. 1987)

. . . . § 674.303, Fla.Stat. (1983). . . .