Florida Statute 673.1051 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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673.1051 Issue of instrument.—

(1) The term “issue” means:

(a) The first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person; or

(b) If agreed to by the payee, the first transmission by the drawer to the payee of an image of an item and information derived from the item which enables the depositary bank to collect the item under federal law by transferring or presenting an electronic check.

(2) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.

(3) The term “issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.

History.—s. 2, ch. 92-82; s. 50, ch. 2025-92.

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Amendments to 673.1051

Annotations, Discussions, Cases:

Cases Citing Statute 673.1051

Total Results: 4 | 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

...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. Stat. (2001). [4] By Federal Expressing the check to Guarino, Talcott issued the check to him. See § 673.1051(1) (defining "issue" as "the first delivery of an instrument by the maker or drawer ......

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Indus. Park Dev. Corp. v. Am. Express Bank, FSB, 960 F. Supp. 2d 1363 (S.D. Fla. 2013).

Cited 2 times | Published | District Court, S.D. Florida | 2013 WL 3119057, 2013 U.S. Dist. LEXIS 87315

...“[a]n action *1367 for conversion of an instrument may not be brought by ... [t]he issuer or acceptor of the instrument.” Fla. Stat. § 673.4201 (l)(a); 5 see Doc. 34, p. 6. An “issuer” is “a maker or drawer of an instrument.” Fla. Stat. § 673.1051 (3)....

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Zaleski v. Woessner, 659 So. 2d 716 (Fla. 5th DCA 1995).

Published | Florida 5th District Court of Appeal | 27 U.C.C. Rep. Serv. 2d (West) 515, 1995 Fla. App. LEXIS 9248, 1995 WL 516439

the Uniform Commercial Code. Specifically, section 673.1051 makes non-delivery of an instrument a defense

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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

...for foreclosure of non-residential property. The trial court concluded that two promissory notes signed by MM80’s agent were unenforceable because they were not delivered to Asgaard. Because “[a]n unissued instrument . . . is binding on the maker or drawer[,]” section 673.1051(2), Florida Statutes (2021), we reverse....

...Campos, unequivocally testified that MM80 intended to deliver the Notes to Asgaard. These facts are undisputed. The primary issue before this Court is whether Asgaard can enforce the Notes and Mortgages when the original Notes were not actually delivered. Section 673.1051, Florida Statute (2021), pertains to delivery or issuance of an instrument....

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