Florida Statute 674.405 | 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. 674.405

674.405 Death or incompetence of customer.—

(1) A payor or collecting bank’s authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.

(2) Even with knowledge, a bank may for 10 days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.

History.—s. 1, ch. 65-254; s. 42, ch. 92-82.

Note.—s. 4-405, U.C.C.; supersedes ss. 659.39, 659.40.

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Amendments to 674.405

Arrestable Offenses / Crimes under Fla. Stat. 674.405

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 674.405.

Annotations, Discussions, Cases:

Cases Citing Statute 674.405

Total Results: 7

Herring v. Henderson

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-20T00:00:00-08:00

Citation: 670 So. 2d 145, 1996 Fla. App. LEXIS 2633, 1996 WL 119501

Snippet: operation of any of the provisions of ss. 655.78 and 674.405 or the rights of the institutions to make payments…operation of any of the provisions of ss. 658.55 and 674.405 or the rights of banks to make payments as therein

Republic National Bank of Miami v. Johnson ex rel. Guardianship Program of Dade County, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-06-15T00:00:00-07:00

Citation: 622 So. 2d 1015, 20 U.C.C. Rep. Serv. 2d (West) 1300, 1993 Fla. App. LEXIS 6442, 1993 WL 205505

Snippet: Code draws a “bright line” rule. The Code states: 674.405 Death or Incompetence of Customer.— (1) A payor…and has reasonable opportunity to act on it. § 674.405(1), Fla.Stat. (Supp.1992) (emphasis added). The

Rosecrans v. Eden

Court: Fla. Dist. Ct. App. | Date Filed: 1989-02-22T23:53:00-08:00

Citation: 538 So. 2d 970

Snippet: ] See also Florida Statute 658.55; 658.56(3); 674.405; Drozinski v. Straub, 383 So.2d 301, 305 (Fla.

Doran v. Gainer

Court: Fla. Dist. Ct. App. | Date Filed: 1984-01-11T23:53:00-08:00

Citation: 443 So. 2d 473

Snippet: operation of any of the provisions of ss.658.55 and 674.405 or the rights of banks to make payments as therein

Cripe v. ATLANTIC FIRST NAT. BANK, ETC.

Court: Fla. | Date Filed: 1982-09-09T00:53:00-07:00

Citation: 422 So. 2d 820

Snippet: operation of any of the provisions of ss. 659.29 and 674.405 or the rights of banks to make payments as therein

Black v. Hart

Court: Fla. Dist. Ct. App. | Date Filed: 1974-09-17T00:53:00-07:00

Citation: 301 So. 2d 787

Snippet: that § 674.405, Fla. Stat. (effective Jan. 1, 1967) changed the applicable law. Section 674.405 is a part…Uniform Commercial Code and is as follows: "674.405 Death or incompetence of customer. "(1) …turned over to the personal representative. Section 674.405, Fla. Stat., as a part of the Uniform Commercial…supported by the Official Comment to UCC 4-405 (§ 674.405, F.S.A.): * * * * * * "This section does not

Blair v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 1973-08-10T00:53:00-07:00

Citation: 281 So. 2d 247

Snippet: the limitations and exceptions found in Section 674.405, F.S. 1971, F.S.A., this being a bank protection… Banks and Trust Companies, § 244; and Section 674.405, F.S. 1971, F.S.A. And even if the check should…and duty (with the exceptions mentioned in F.S. 674.405, F.S.A., supra) to refuse payment upon the death