Florida Statute 674.405 - 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. 674.405

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

Annotations, Discussions, Cases:

Cases Citing Statute 674.405

Total Results: 3

Blair v. Davis

281 So. 2d 247

District Court of Appeal of Florida | Filed: Aug 10, 1973 | Docket: 1261494

Cited 5 times | Published

with the limitations and exceptions found in Section 674.405, F.S. 1971, F.S.A., this being a bank protection

Black v. Hart

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

District Court of Appeal of Florida | Filed: Sep 17, 1974 | Docket: 1338420

Cited 1 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Jun 15, 1993 | Docket: 64698228

Published

and has reasonable opportunity to act on it. § 674.405(1), Fla.Stat. (Supp.1992) (emphasis added). The