Florida Statute 674.403 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 674
UNIFORM COMMERCIAL CODE: BANK DEPOSITS AND COLLECTIONS

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F.S. 674.403

674.403 Customer’s right to stop payment; burden of proof of loss.—

(1) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer’s account or close the account by a written order to the bank describing the item or account with certainty received by an officer of the bank during a banking day and at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in s. 674.303. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.

(2) A stop-payment order is effective for 6 months. A stop-payment order may be renewed for additional 6-month periods by a writing given to the bank within a period during which the stop-payment order is effective.

(3) The bank may be liable to its customer for the actual loss incurred by the customer resulting from the wrongful payment of an item contrary to a valid and binding stop-payment order or order to close an account. The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under s. 674.402.

History.—Art. 10, s. 1, ch. 65-254; s. 40, ch. 92-82.

Note.—s. 4-403, U.C.C.; supersedes s. 659.32.

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Amendments to 674.403

Annotations, Discussions, Cases:

Cases Citing Statute 674.403

Total Results: 8

Arnold, Matheny, Pa v. First Am. Holdings

982 So. 2d 628, 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 2518612

Cited 19 times | Published

bank deposits and collections. Specifically, section 674.403(1), Florida Statutes (2002), deals *635 with

Any Kind Checks Cashed, Inc. v. Talcott

830 So. 2d 160, 48 U.C.C. Rep. Serv. 2d (West) 800

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 1516853

Cited 9 times | Published

bank, so the check was returned to Any Kind. See § 674.403(1) (regarding a customer's right to stop payment)

Capital Bank v. Schuler

421 So. 2d 633, 35 A.L.R. 4th 976, 34 U.C.C. Rep. Serv. (West) 1287, 1982 Fla. App. LEXIS 21532

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1719348

Cited 7 times | Published

describe the check with certainty as required by Section 674.403(1), Florida Statutes (1977), and was, therefore

SOUTHEAST FIRST NAT. BK v. Atlantic Telec

389 So. 2d 1032, 30 U.C.C. Rep. Serv. (West) 1629

District Court of Appeal of Florida | Filed: Sep 24, 1980 | Docket: 239758

Cited 5 times | Published

The stop payment order was oral, contrary to section 674.403(1),[2] but the bank does not appeal the determination

Brubaker v. Jensen (In Re Brubaker)

443 B.R. 176, 2011 WL 43455

District Court, M.D. Florida | Filed: Jan 6, 2011 | Docket: 2073099

Cited 2 times | Published

to filing the bankruptcy petition. Fla. Stat. § 674.403(1); Arnold, Matheny, & Eagan, 982 So.2d at 634-35

SouthTrust Bank v. PartsBase.com, Inc.

875 So. 2d 17, 53 U.C.C. Rep. Serv. 2d (West) 598, 2004 Fla. App. LEXIS 6617, 2004 WL 1057717

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 64831058

Published

complaint against SouthTrust Bank (Bank) under section 674.403, Florida Statutes (2000) for damages arising

JTM, INC. v. Totalbank

795 So. 2d 161, 46 U.C.C. Rep. Serv. 2d (West) 787, 2001 Fla. App. LEXIS 12493, 2001 WL 1007408

District Court of Appeal of Florida | Filed: Sep 5, 2001 | Docket: 1673163

Published

Fla.1994); see also Official Code Comment 4 to § 674.403 Fla. Stat. (1993) ("A cashier's check ... purchased

DYNAMITE ENTERPRIESE, INC. v. Eagle National Bank of Miami

517 So. 2d 112, 13 Fla. L. Weekly 29, 5 U.C.C. Rep. Serv. 2d (West) 678, 1987 Fla. App. LEXIS 11791, 1987 WL 3375

District Court of Appeal of Florida | Filed: Dec 29, 1987 | Docket: 540367

Published

prior stop-payment order as a nullity. Second, Section 674.403(1), Florida Statutes (1985), clearly gives