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. 674.403

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 from cite.case.law:

BANCO BILBAO VIZCAYA ARGENTARIA, v. EASY LUCK CO. INC., 208 So. 3d 1241 (Fla. Dist. Ct. App. 2017)

. . . the drawee acted on the mistaken belief that payment of the draft had not been stopped pursuant to s. 674.403 . . .

In BRUBAKER v. L., 443 B.R. 176 (M.D. Fla. 2011)

. . . . § 674.403(1); Arnold, Matheny, & Eagan, 982 So.2d at 634-35. . . .

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

. . . Specifically, section 674.403(1), Florida Statutes (2002), deals with the “customer’s right to stop payment . . . However, even if the check has been written and delivered, section 674.403(1) provides the owner of the . . . garnishment statute together with the related provisions of Florida’s U.C.C., specifically sections 674.403 . . . See § 674.403(1), Fla. Stat. . . .

SOUTHTRUST BANK, v. PARTSBASE. COM, INC., 875 So. 2d 17 (Fla. Dist. Ct. App. 2004)

. . . (drawer) filed a one count complaint against SouthTrust Bank (Bank) under section 674.403, Florida Statutes . . . See § 674.403(1), Fla. Stat. (2000). . . . [e.s.] § 674.403(3), Fla. Stat. (2000). . . . Id.; § 674.403(3), Fla. Stat. (2000). . . . (1) ] was the limitation of their liability under [§ 674.403(3) ] and § 674.407].”). . . .

ANY KIND CHECKS CASHED, INC. a v. G. TALCOTT, Jr. GUARINO,, 830 So. 2d 160 (Fla. Dist. Ct. App. 2002)

. . . See § 674.403(1) (regarding a customer’s right to stop payment). . . .

JTM, INC. v. TOTALBANK,, 795 So. 2d 161 (Fla. Dist. Ct. App. 2001)

. . . Columbia County Bank, 849 F.Supp. 780 (M.D.Fla.1994); see also Official Code Comment 4 to § 674.403 Fla . . .

DYNAMITE ENTERPRISES, INC. v. EAGLE NATIONAL BANK OF MIAMI,, 517 So. 2d 112 (Fla. Dist. Ct. App. 1987)

. . . Second, Section 674.403(1), Florida Statutes (1985), clearly gives a bank customer the right to stop . . .

CASH- A- CHECK OF SOUTH FLORIDA, INC. v. SUNSHINE ELECTRICAL CONTRACTORS, INC., 26 Fla. Supp. 2d 17 (Palm Beach Cty. Ct. 1987)

. . . . § 674.403, F.S.A., Comment 8 (1966). . . .

CAPITAL BANK, v. SCHULER,, 421 So. 2d 633 (Fla. Dist. Ct. App. 1982)

. . . stop-payment order since the order failed to describe the check with certainty as required by Section 674.403 . . . Thus, the requirement of “certainty” found in Section 674.403(1) does not permit us to say “close enough . . . We must instead conclude that our legislature in enacting Section 674.403(1) intended to place a greater . . . In arriving at these conclusions, we do not overlook the fact that Section 674.403(1) contains.the Code . . . Section 674.403(1), Florida Statutes (1977), governing stop-payment orders, reads: “(1) A customer, or . . .

SOUTHEAST FIRST NATIONAL BANK OF SATELLITE BEACH, a v. ATLANTIC TELEC, INC. a, 389 So. 2d 1032 (Fla. Dist. Ct. App. 1980)

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