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Florida Statute 670.402 - Full Text and Legal Analysis
Florida Statute 670.402 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 670.402 Case Law from Google Scholar Google Search for Amendments to 670.402

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 670
UNIFORM COMMERCIAL CODE: FUNDS TRANSFERS
View Entire Chapter
670.402 Obligation of sender to pay receiving bank.
(1) This section is subject to ss. 670.205 and 670.207.
(2) With respect to a payment order issued to the beneficiary’s bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not due until the payment date of the order.
(3) This subsection is subject to subsection (5) and to s. 670.303. With respect to a payment order issued to a receiving bank other than the beneficiary’s bank, acceptance of the order by the receiving bank obliges the sender to pay the bank the amount of the sender’s order. Payment by the sender is not due until the execution date of the sender’s order. The obligation of that sender to pay its payment order is excused if the funds transfer is not completed by acceptance by the beneficiary’s bank of a payment order instructing payment to the beneficiary of that sender’s payment order.
(4) If the sender of a payment order pays the order and was not obliged to pay all or part of the amount paid, the bank receiving payment is obliged to refund payment to the extent the sender was not obliged to pay. Except as provided in ss. 670.204 and 670.304, interest is payable on the refundable amount from the date of payment.
(5) If a funds transfer is not completed as stated in subsection (3) and an intermediary bank is obliged to refund payment as stated in subsection (4) but is unable to do so because not permitted by applicable law or because the bank suspends payments, a sender in the funds transfer that executed a payment order in compliance with an instruction, as stated in s. 670.302(1)(a), to route the funds transfer through that intermediary bank is entitled to receive or retain payment from the sender of the payment order that it accepted. The first sender in the funds transfer that issued an instruction requiring routing through that intermediary bank is subrogated to the right of the bank that paid the intermediary bank to refund as stated in subsection (4).
(6) The right of the sender of a payment order to be excused from the obligation to pay the order as stated in subsection (3) or to receive refund under subsection (4) may not be varied by agreement.
History.s. 1, ch. 91-70.

F.S. 670.402 on Google Scholar

F.S. 670.402 on CourtListener

Amendments to 670.402


Annotations, Discussions, Cases:

Cases Citing Statute 670.402

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Yair Barak v. Acs Int'l Projects, Ltd., Etc. (Fla. 3d DCA 2021).

Published | Florida 3rd District Court of Appeal

...Co., 309 P.3d 898, 904 (Ariz. Ct. App. 2013). Barak further contends that ACS Israel, as the guarantor under the risk of loss agreement and mere intended beneficiary of the misappropriated funds, was barred from maintaining suit by operation of section 670.402(6), Florida Statutes. See § 670.402(6), Fla....
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Jesus Alonso Alvarez Rodriguez v. Branch Banking & Trust Co. (11th Cir. 2022).

Published | Court of Appeals for the Eleventh Circuit

...It applies to unauthorized or unverified transfers, see id. § 670.202, to uncompleted funds transfers, and to errone- ously executed payment orders, see id. § 670.303. It also applies where the sender of a payment order pays the order but “was not obliged to pay all or part of the amount paid.” Id. § 670.402(d). Because Section 204 is narrower than Section 505, where Section 204 and 505 conflict, Section 204 controls....
...provision in Chapter 670 can be varied unless “[e]xcept as other- wise provided.” Id. § 670.501(1). Section 505 has no such limita- tion. Id. § 670.505. Other provisions, BB&T points out, do. See, e.g., FLA. STAT. §§ 670.202(6), 670.305(6), 670.402(6), 670.403(3). Thus, BB&T concludes, we should interpret Section 505 as not containing a limitation against modification....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.