Florida Statute 672.319 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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672.319 “F.O.B.” and “F.A.S.” terms.—

(1) Unless otherwise agreed the term “F.O.B.” (which means “free on board”) at a named place, even though used only in connection with the stated price, is a delivery term under which:

(a) When the term is “F.O.B. the place of shipment,” the seller must at that place ship the goods in the manner provided in this chapter (s. 672.504) and bear the expense and risk of putting them into the possession of the carrier; or

(b) When the term is “F.O.B. the place of destination,” the seller must at her or his own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this chapter (s. 672.503);

(c) When under either (a) or (b) the term is also “F.O.B. vessel, car or other vehicle,” the seller must in addition at her or his own expense and risk load the goods on board. If the term is “F.O.B. vessel” the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this chapter on the form of bill of lading (s. 672.323).

(2) Unless otherwise agreed the term “F.A.S. vessel” (which means “free alongside”) at a named port, even though used only in connection with the stated price, is a delivery term under which the seller must:

(a) At her or his own expense and risk deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and

(b) Obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.

(3) Unless otherwise agreed in any case falling within subsection (1)(a) or (c) or subsection (2) the buyer must seasonably give any needed instructions for making delivery, including when the term is “F.A.S.” or “F.O.B. the loading berth of the vessel” and in an appropriate case its name and sailing date. The seller may treat the failure of needed instructions as a failure of cooperation under this chapter (s. 672.311). The seller may also at her or his option move the goods in any reasonable manner preparatory to delivery or shipment.

(4) Under the term “F.O.B. vessel” or “F.A.S.” unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.

History.—s. 1, ch. 65-254; s. 568, ch. 97-102.

Note.—s. 2-319, U.C.C.

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Amendments to 672.319

Annotations, Discussions, Cases:

Cases Citing Statute 672.319

Total Results: 5 | Sort by: Relevance | Newest First

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Aetna Life & Cas. Co. v. Therm-O-Disc, Inc., 488 So. 2d 83 (Fla. 1st DCA 1986).

Cited 9 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 388

...aterial," the court cited Lacy (in which, as previously noted, jurisdiction was based on subsection (g)) and cases in which jurisdiction was based on subsection (f), but in which personal injury or property damage was alleged. 481 So.2d at 1306. [7] § 672.319(1)(a), Fla....

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Wetzel v. Fisherman's Wharf of Pompano Beach, Inc., 771 So. 2d 1195 (Fla. 4th DCA 2000).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2000 WL 1532811

...ourt's dismissal of the case against China National, but reverse the dismissal against Kwongyuen. Affirmed in part, reversed in part, and remanded. KLEIN, J., and FINE, EDWARD H., Associate Judge, concur. NOTES [1] The Uniform Commercial Code-Sales, section 672.319(1)(a), Florida Statutes (1999), provides: (1) Unless otherwise agreed the term "F.O.B." (which means "free on board") at a named place, even though used only in connection with the stated price, is a delivery term under which: (a) When the term is "F.O.B....

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Pier Point Developers, LLC v. Whitelaw, 912 So. 2d 18 (Fla. 4th DCA 2005).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2005 WL 957596

...under which: (a) When the term is "F.O.B. the place of shipment," the seller must at that place ship the goods in the manner provided in this chapter (s. 672.504) and bear the expense and risk of putting them into the possession of the carrier;. . . § 672.319(1)(a), Fla....

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Ladex Corp. v. Transportes Aereos Nacionales, 476 So. 2d 763 (Fla. 3d DCA 1985).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2353

...[1] The invoice from Santeri is simply evidence of the value of the shrimp and, thus, the damages sustained. What this case does turn on is whether the agreement between Ladex and Santeri amounted to a shipment contract or a destination contract. See §§ 672.319-.320, Fla....

...It follows that title to the goods remains in the seller at least through tender of the goods at the specified destination. A destination contract can be made by express provision in the sales contract or by the use of delivery terms such as "F.O.B. [destination]." Pestana, 367 So.2d at 1099. See § 672.319, Fla....

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Boyman v. Stuart Hatteras, Inc., 527 So. 2d 853 (Fla. 4th DCA 1988).

Cited 1 times | Published | Florida 4th District Court of Appeal | 7 U.C.C. Rep. Serv. 2d (West) 758, 13 Fla. L. Weekly 1366, 1988 Fla. App. LEXIS 2350, 1988 WL 56511

...tination. This is not our understanding of the law. Surely, "F.O.B. Stuart" brings about exactly the contrary result and calls for the seller to pay for the ocean freight delivery charge incurred prior to the boat reaching its destination in Stuart. § 672.319, Fla....

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.