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: District Court of Appeal of Florida | Date Filed: 1996-03-20

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

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

Court: District Court of Appeal of Florida | Date Filed: 1993-06-15

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

Rosecrans v. Eden

Court: District Court of Appeal of Florida | Date Filed: 1989-02-23

Citation: 538 So. 2d 970, 1989 WL 13610

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

Doran v. Gainer

Court: District Court of Appeal of Florida | Date Filed: 1984-01-12

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: Supreme Court of Florida | Date Filed: 1982-09-09

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: District Court of Appeal of Florida | Date Filed: 1974-09-17

Citation: 301 So. 2d 787, 15 U.C.C. Rep. Serv. (West) 467

Snippet: that § 674.405, Fla. Stat. (effective Jan. 1, 1967) changed the applicable law. Section 674.405 is a part

Blair v. Davis

Court: District Court of Appeal of Florida | Date Filed: 1973-08-10

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