Florida Statute 674.403 | Lawyer Caselaw & Research

The 2024 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.

F.S. 674.403 on Google Scholar

F.S. 674.403 on Casetext

Amendments to 674.403

Arrestable Offenses / Crimes under Fla. Stat. 674.403

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 674.403.

Annotations, Discussions, Cases:

Cases Citing Statute 674.403

Total Results: 8

Banco Bilbao Vizcaya Argentaria v. Easy Luck Co. Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-25T00:00:00-08:00

Citation: 208 So. 3d 1241, 91 U.C.C. Rep. Serv. 2d (West) 859, 2017 WL 361944, 2017 Fla. App. LEXIS 718

Snippet: the draft had not been stopped pursuant to s. 674.403 or that the signature of the drawer of the draft

Arnold, Matheny, Pa v. First Am. Holdings

Court: Fla. | Date Filed: 2008-05-01T00:53:00-07:00

Citation: 982 So. 2d 628

Snippet: deposits and collections. Specifically, section 674.403(1), Florida Statutes (2002), deals *635 with the… check has been written and delivered, section 674.403(1) provides the owner of the account with the right…of Florida's U.C.C., specifically sections 674.403 and 673.4081, we hold that funds remain in the …executed on a personal check on the same day. See § 674.403(1), Fla. Stat. (stating that a stop payment order

SouthTrust Bank v. PartsBase.com, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-05-12T00:00:00-07:00

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

Snippet: orders under [§ 674.403(1) ] was the limitation of their liability under [§ 674.403(3) ] and § 674.407…complaint against SouthTrust Bank (Bank) under section 674.403, Florida Statutes (2000) for damages arising from…is paid over a valid stop-payment order. See § 674.403(1), Fla. Stat. (2000). The Bank’s liability, however… and binding stop-payment order ....” [e.s.] § 674.403(3), Fla. Stat. (2000). Thus, if the customer suffers…establishing the fact and amount of the loss. Id.; § 674.403(3), Fla. Stat. (2000). The statute makes clear,

Any Kind Checks Cashed, Inc. v. Talcott

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-09T00:53:00-07:00

Citation: 830 So. 2d 160

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

JTM, INC. v. Totalbank

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-05T00:53:00-07:00

Citation: 795 So. 2d 161

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1987-12-28T23:53:00-08:00

Citation: 517 So. 2d 112

Snippet: stop-payment order as a nullity. Second, Section 674.403(1), Florida Statutes (1985), clearly gives a bank…stop payment on an overdrawn check under Section 674.403(1), Florida Statutes (1985). Chute v. Bank One

Capital Bank v. Schuler

Court: Fla. Dist. Ct. App. | Date Filed: 1982-10-26T00:53:00-07:00

Citation: 421 So. 2d 633

Snippet: the check with certainty as required by Section 674.403(1), Florida Statutes (1977), and was, therefore…... ." The code provision, unlike Section 674.403(1), Florida Statutes (1977), does not separately…requirement of "certainty" found in Section 674.403(1) does not permit us to say "close enough…conclude that our legislature in enacting Section 674.403(1) intended to place a greater burden on the depositor…conclusions, we do not overlook the fact that Section 674.403(1) *637 contains the Code language that the order

SOUTHEAST FIRST NAT. BK v. Atlantic Telec

Court: Fla. Dist. Ct. App. | Date Filed: 1980-09-24T00:53:00-07:00

Citation: 389 So. 2d 1032

Snippet: stop payment order was oral, contrary to section 674.403(1),[2] but the bank does not appeal the determination… final judgment. Fla.R.App.P. 9.130(g). [2] § 674.403(1), Fla. Stat. (1979), provides: "A customer…Dental, 210 So.2d 241 (Fla. 3d DCA 1968). [3] § 674.403(3), Fla. Stat. (1979), provides: "The bank