Florida Statute 674.303 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 674
UNIFORM COMMERCIAL CODE: BANK DEPOSITS AND COLLECTIONS

View Entire Chapter

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 CourtListener

Amendments to 674.303

Annotations, Discussions, Cases:

Cases Citing Statute 674.303

Total Results: 5 | Sort by: Relevance | Newest First

Copy

Capital Bank v. Schuler, 421 So. 2d 633 (Fla. 3d DCA 1982).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 35 A.L.R. 4th 976, 34 U.C.C. Rep. Serv. (West) 1287, 1982 Fla. App. LEXIS 21532

...ved upon and received by an officer of the bank at the bankinghouse during regular banking hours and in such time and in such manner as to afford the bank a reasonable opportunity to act on it prior to the happening of any of the events described in § 674.303, and in any event no bank shall be responsible or liable for failure to comply with any such order on the day the same is served upon or received by such bank unless such omission or failure to comply with the same on the day received resu...

Copy

Ebsary Found. Co. v. Barnett Bank of South Fla., Na, 569 So. 2d 806 (Fla. 3d DCA 1990).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 13 U.C.C. Rep. Serv. 2d (West) 272, 1990 Fla. App. LEXIS 8013, 1990 WL 155063

...Pan American Bank, 377 So.2d 213 (Fla. 1979); Barsco, Inc. v. H.W.W., Inc., 346 So.2d 134 (Fla. 1st DCA 1977); In re T & B General Contracting Co., 13 B.R. 686 (Bankr.M.D.Fla. 1981). In so doing, we reject Ebsary's contention that the controversy is governed by section 674.303, Florida Statutes (1989), which pertains only to disputes as to the payment of "items" *807 presented to a bank and does not concern controversies, such as this one, between creditors who present competing claims to a particular bank account....

Copy

Barnett Bank of Jacksonville v. Warren Fin., Inc., 532 So. 2d 676 (Fla. 1st DCA 1988).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1988 WL 31727

...ature of a bank official on the cashier's check constitutes the bank's "signed engagement to honor the draft as presented." Since the cashier's check is "accepted" upon issuance, a bank or a customer of the bank may not stop payment under UCC 4-303 (section 674.303) as a stop order comes too late to terminate the duty to pay the check if the stop order is received after the bank has accepted the check....

Copy

Brown v. Lee Cnty. Bank, 501 So. 2d 702 (Fla. Dist. Ct. App. 1987).

Cited 1 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 420, 2 U.C.C. Rep. Serv. 2d (West) 1610, 1987 Fla. App. LEXIS 6508

...f.” Title Guaranty & Trust Co. v. Emadee Realty Corp., 136 Misc. 328, 329 , 240 N.Y.S. 36, 37 (N.Y.Sup.Ct.1930). Brown’s request to stop payment on the check came too late because Lee County Bank had already become obligated for its payment. § 674.303, Fla.Stat....

Copy

In re Tom Stimus Chrysler Plymouth, Inc., 148 B.R. 633 (Bankr. M.D. Fla. 1992).

Published | United States Bankruptcy Court, M.D. Florida | 6 Fla. L. Weekly Fed. B 329, 21 U.C.C. Rep. Serv. 2d (West) 335, 1992 Bankr. LEXIS 1980, 1992 WL 382690

...it should be required to pay $19,500 to the Debtor, notwithstanding the fact that the Debtor owes pre- and post-petition amounts to Southeast for “out of trust” sales. In resolving this dispute, it is important to note that pursuant to Fla.Stat. § 674.303, while a payor bank is processing a check for payment, the bank may refuse to pay the check because the bank has received a legal notice affecting the check or has chosen to exercise its right of setoff against the drawer’s account. Essentially, pursuant to § 674.303, if a payor bank has not accepted or certified a check, has not evidenced by its actions its intention to pay the check, and has not made final payment of the check, the bank has no duty to pay the check....

...ds and a pending Motion for Relief from Stay or for Adequate Protection. Until the payment determination was made, the check was not finally paid pursuant to Fla.Stat. § 674.213, and Southeast could properly dishonor the check pursuant to Fla.Stat. § 674.303....