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Florida Statute 673.1031 - Full Text and Legal Analysis
Florida Statute 673.1031 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS
View Entire Chapter
673.1031 Definitions.
(1) In this chapter, the term:
(a) “Acceptor” means a drawee who has accepted a draft.
(b) “Drawee” means a person ordered in a draft to make payment.
(c) “Drawer” means a person who signs or is identified in a draft as a person ordering payment.
(d) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(e) “Maker” means a person who signs or is identified in a note as a person undertaking to pay.
(f) “Order” means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.
(g) “Ordinary care,” in the case of a person engaged in business, means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank’s prescribed procedures and the bank’s procedures do not vary unreasonably from general banking usage not disapproved by this chapter or chapter 674.
(h) “Party” means a party to an instrument.
(i) “Promise” means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.
(j) “Prove,” with respect to a fact, means to meet the burden of establishing the fact (s. 671.201(8)).
(k) “Remitter” means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.
(2) Other definitions applying to this chapter and the sections in which they appear are:

“Acceptance,” s. 673.4091.

“Accommodated party,” s. 673.4191.

“Accommodation party,” s. 673.4191.

“Alteration,” s. 673.4071.

“Anomalous indorsement,” s. 673.2051.

“Blank indorsement,” s. 673.2051.

“Cashier’s check,” s. 673.1041.

“Certificate of deposit,” s. 673.1041.

“Certified check,” s. 673.4091.

“Check,” s. 673.1041.

“Consideration,” s. 673.3031.

“Draft,” s. 673.1041.

“Holder in due course,” s. 673.3021.

“Incomplete instrument,” s. 673.1151.

“Indorsement,” s. 673.2041.

“Indorser,” s. 673.2041.

“Instrument,” s. 673.1041.

“Issue,” s. 673.1051.

“Issuer,” s. 673.1051.

“Negotiable instrument,” s. 673.1041.

“Negotiation,” s. 673.2011.

“Note,” s. 673.1041.

“Payable at a definite time,” s. 673.1081.

“Payable on demand,” s. 673.1081.

“Payable to bearer,” s. 673.1091.

“Payable to order,” s. 673.1091.

“Payment,” s. 673.6021.

“Person entitled to enforce,” s. 673.3011.

“Presentment,” s. 673.5011.

“Reacquisition,” s. 673.2071.

“Special indorsement,” s. 673.2051.

“Teller’s check,” s. 673.1041.

“Transfer of instrument,” s. 673.2031.

“Traveler’s check,” s. 673.1041.

“Value,” s. 673.3031.

(3) The following definitions in other chapters apply to this chapter:

“Bank,” s. 674.105.

“Banking day,” s. 674.104.

“Clearinghouse,” s. 674.104.

“Collecting bank,” s. 674.105.

“Depositary bank,” s. 674.105.

“Documentary draft,” s. 674.104.

“Intermediary bank,” s. 674.105.

“Item,” s. 674.104.

“Payor bank,” s. 674.105.

“Suspends payments,” s. 674.104.

(4) In addition, chapter 671 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
History.s. 2, ch. 92-82; s. 145, ch. 2025-92.

F.S. 673.1031 on Google Scholar

F.S. 673.1031 on CourtListener

Amendments to 673.1031


Annotations, Discussions, Cases:

Cases Citing Statute 673.1031

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

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Any Kind Checks Cashed, Inc. v. Talcott, 830 So. 2d 160 (Fla. 4th DCA 2002).

Cited 9 times | Published | Florida 4th District Court of Appeal | 48 U.C.C. Rep. Serv. 2d (West) 800

...y Kind] on inquiry notice that some confirmation or explanation should be obtained. Using the terminology of the Uniform Commercial Code, Talcott was the maker or "drawer" of the check, the person who signed the draft "as a person ordering payment." § 673.1031(1)(c), Fla....
...However, in 1992, the legislature adopted a new definition of "good faith" that applies to the section 673.3021 definition of a holder in due course: "`[g]ood faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing." Ch. 92-82, § 2, at 759, Laws of Fla. (codified at §§ 673.1031(1)(d))....
...aling." Maine Family Fed. Credit Union v. Sun Life Assurance Co. of Canada, 727 A.2d 335, 342 (Me.1999). No longer may a holder of an instrument act with "a pure heart and an empty head and still obtain holder in due course status." Id. Comment 4 to section 673.1031, Florida Statutes Annotated, attempts to shed light on how to interpret the new standard: Although fair dealing is a broad term that must be defined in context, it is clear that it is concerned with the fairness of conduct rather than the care with which an act is performed....
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SCADIF, S.A. v. First Union Nat'l Bank, 208 F. Supp. 2d 1352 (S.D. Fla. 2002).

Cited 5 times | Published | District Court, S.D. Florida | 48 U.C.C. Rep. Serv. 2d (West) 232, 2002 U.S. Dist. LEXIS 12962, 2002 WL 1473458

...ered the Check, but presentment for payment clearly would have; it would constitute a fraudulent presentment, rendered ineffective by application of section 674.302(2), Florida Statutes. [23] "Ordinary care" is defined for purposes of Chapter 674 in section 673.1031, Florida Statutes: (g) "Ordinary care," in the case of a person engaged in business, means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged....
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Daiwa Prods., Inc. v. NATIONSBANK, NA, 885 So. 2d 884 (Fla. 4th DCA 2004).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2004 WL 1933124

...4th DCA 2002) (quoting § 673.3021(1), Fla. Stat. (2001)). In this case, the issue boiled down to whether United Mizrahi accepted the draft on March 30 and presented it to NationsBank on April 1 in "good faith" within the meaning of section 673.3021(1)(b)2. Section 673.1031(1)(d), Florida Statutes (1997) defines "good faith" as meaning "honesty in fact and the observance of reasonable commercial standards of fair dealing." The legislature amended the definition of "good faith" in 1992....
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Asgaard Fund, L.p., Etc. v. Mm80 Oceanside Holdings, LLC, Etc. (Fla. 3d DCA 2021).

Published | Florida 3rd District Court of Appeal

...roof.”); 6 Fla. Jur. 2d Bills and Notes § 387 (“Nondelivery or conditional delivery must be pleaded as an affirmative defense.”). 8 “(e) ‘Maker’ means a person who signs or is identified in a note as a person undertaking to pay.” § 673.1031(e), Fla....
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Banco Bilbao Vizcaya Argentaria v. Easy Luck Co. Inc., 208 So. 3d 1241 (Fla. 3d DCA 2017).

Published | Florida 3rd District Court of Appeal | 91 U.C.C. Rep. Serv. 2d (West) 859, 2017 WL 361944, 2017 Fla. App. LEXIS 718

...We find that there is competent substantial evidence in the evidence adduced at trial to support the trial court’s conclusion on the merits that Easy Luck took the draft “in good faith.” Section 3-103 of the Uniform Commercial Code, adopted in Florida as section 673.1031 of the Florida Statutes, defines “good “faith” as “honesty in fact and the observance of reasonable commercial standards of fair dealing.” Under this provision: The factfinder must ......
...the fairness of conduct rather than the care with which an act is performed. Failure to exercise ordinary care in conducting a transaction is an entirely different concept than failure to deal fairly in conducting the transaction. § 673.1031....

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