Florida Statute 677.204 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 677
UNIFORM COMMERCIAL CODE: DOCUMENTS OF TITLE

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F.S. 677.204

677.204 Duty of care; contractual limitation of warehouse’s liability.—

(1) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.

(2) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage and setting forth a specific liability per article or item, value per unit of weight, or any other negotiated limitation of damages as agreed upon between the parties beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse’s liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse’s liability may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.

(3) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.

(4) This section does not impair or repeal any statute which imposes a higher responsibility upon the warehouse or invalidates contractual limitations which would be permissible under this chapter.

History.—s. 1, ch. 65-254; s. 623, ch. 97-102; s. 26, ch. 2010-131.

Note.—s. 7-204, U.C.C.; supersedes ss. 678.03, 678.20.

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Amendments to 677.204

Annotations, Discussions, Cases:

Cases Citing Statute 677.204

Total Results: 3

Millennium Partners, L.P. v. Colmar Storage, LLC

494 F.3d 1293, 74 Fed. R. Serv. 140, 63 U.C.C. Rep. Serv. 2d (West) 550, 2007 U.S. App. LEXIS 18687, 2007 WL 2245780

Court of Appeals for the Eleventh Circuit | Filed: Aug 7, 2007 | Docket: 1611518

Cited 41 times | Published

by the exercise of such care. Fla. Stat. AnN. § 677.204(1) (West 2007). Colmar stored perishable commodities

Lonray, Inc. v. Azucar, Inc., and Fireman's Insurance Company of New Jersey

775 F.2d 1521, 42 U.C.C. Rep. Serv. (West) 537, 1985 U.S. App. LEXIS 24012

Court of Appeals for the Eleventh Circuit | Filed: Nov 15, 1985 | Docket: 503530

Cited 4 times | Published

under like circumstances ..." See, Fla.Stat. § 677.204(1) (1979). The appellants have made no showing

Breezy Bay, Inc. v. INDUSTRIA MAQUILADORA MEXICANA

361 So. 2d 440, 1978 Fla. App. LEXIS 16405

District Court of Appeal of Florida | Filed: Aug 1, 1978 | Docket: 1685707

Cited 4 times | Published

for the loss of the garments destroyed under Section 677.204, Florida Statutes (1977) [warehouseman's liability]