Florida Statutes

Fla. Stat. § 677.403 (2025)

Obligation of bailee to deliver; excuse.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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677.403 Obligation of bailee to deliver; excuse.—

(1) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (2) and (3), unless and to the extent that the bailee establishes any of the following:

(a) Delivery of the goods to a person whose receipt was rightful as against the claimant;

(b) Damage to or delay, loss or destruction of the goods for which the bailee is not liable, but the burden of establishing negligence in such cases when value of such damage, delay, loss, or destruction exceeds $10,000 is on the person entitled under the document;

(c) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse’s lawful termination of storage;

(d) The exercise by a seller of its right to stop delivery pursuant to s. 672.705 or by a lessor of its right to stop delivery pursuant to s. 680.526;

(e) A diversion, reconsignment, or other disposition pursuant to s. 677.303;

(f) Release, satisfaction, or any other personal defense against the claimant; or

(g) Any other lawful excuse.

(2) A person claiming goods covered by a document of title shall satisfy the bailee’s lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.

(3) Unless a person claiming the goods is a person against which the document of title does not confer a right under s. 677.503(1):

(a) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and

(b) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.

History.—s. 1, ch. 65-254; s. 1, ch. 71-292; s. 636, ch. 97-102; s. 43, ch. 2010-131.

Note.—s. 7-403, U.C.C.; supersedes ss. 678.08-678.12, 678.16, 678.19.

Notes of Decisions

Cited in 3 cases, 1980–1985 · leading case: Reserve Ins. Co. v. Gulf Florida Terminal Co., 386 So. 2d 550 (Fla. 1980).

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Reserve Ins. Co. v. Gulf Florida Terminal Co., 386 So. 2d 550 (Fla. 1980). · cites it 8× “These consolidated cases are before this Court for certiorari review of an interlocutory order of the Circuit Court, Thirteenth Judicial Circuit, which declared section 677.403(1)(b), Florida Statutes, unconstitutional.”

Lonray, Inc. v. Azucar, Inc., 568 F. Supp. 189 (M.D. Fla. 1983). · cites it 9× “In 1965, Florida adopted Fla.Stat. § 677.403(l)(b), which changed the common law rule to require that the bailee prove that he acted with reasonable care in both negligence and contract cases.”

Inter-Ocean (Free Zone), Inc. v. Manaure Lines, Inc., 615 F. Supp. 710 (S.D. Fla. 1985). “A provision from the Uniform Commercial Code, Florida Statute Section 677.403(l)(b), is the codified law on bailment in Florida.”

— 677.403(1)(b) — 1 case

Reserve Ins. Co. v. Gulf Florida Terminal Co., 386 So. 2d 550 (Fla. 1980). “These consolidated cases are before this Court for certiorari review of an interlocutory order of the Circuit Court, Thirteenth Judicial Circuit, which declared section 677.403(1)(b), Florida Statutes, unconstitutional.”

— 677.403(l)(b) — 2 cases

Lonray, Inc. v. Azucar, Inc., 568 F. Supp. 189 (M.D. Fla. 1983). “In 1965, Florida adopted Fla.Stat. § 677.403(l)(b), which changed the common law rule to require that the bailee prove that he acted with reasonable care in both negligence and contract cases.”

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