Florida Statute 673.1091 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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673.1091 Payable to bearer or to order.—

(1) A promise or order is “payable to bearer” if it:

(a) States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment;

(b) Does not state a payee; or

(c) States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.

(2) A promise or order that is not payable to bearer is “payable to order” if it is payable to the order of an identified person or to an identified person or order. A promise or order that is payable to order is payable to the identified person.

(3) An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to s. 673.2051(1). An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to s. 673.2051(2).

History.—s. 2, ch. 92-82.

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Amendments to 673.1091

Annotations, Discussions, Cases:

Cases Citing Statute 673.1091

Total Results: 7 | Sort by: Relevance | Newest First

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Wells Fargo Bank, N.A. v. Bohatka, 112 So. 3d 596 (Fla. 1st DCA 2013).

Cited 10 times | Published | Florida 1st District Court of Appeal | 2013 WL 1715439, 2013 Fla. App. LEXIS 6488

...The bank filed the “original mortgage, note, and an allonge from Option One, payable to bearer” along with the affidavit. Id. at 495-96. Unlike this case, the allonge in Isaac did not state that the bank was the payee, which made the note “payable to bearer” Id. at 496; see § 673.1091(2), Fla....

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Isaac v. Deutsche Bank Nat'l Trust Co., 74 So. 3d 495 (Fla. 4th DCA 2011).

Cited 7 times | Published | Florida 4th District Court of Appeal | 74 U.C.C. Rep. Serv. 2d (West) 220, 2011 Fla. App. LEXIS 4768, 2011 WL 1261142

...or order is "payable to bearer" if it: "(a) [s]tates that it is payable to bearer...; (b) [d]oes not state a payee; or (c) [s]tates that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person." § 673.1091(1), Fla....

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Anastacia S. Lacombe & Max P. Lacombe v. Deutsche Bank Nat'l Trust Co., etc., 149 So. 3d 152 (Fla. 1st DCA 2014).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2014 WL 5139296

...filing its complaint, together with a promissory note payable to Tower Mortgage and Financial Services and secured by a mortgage on Appellants’ residential real 2 property. The note was “payable to order” under section 673.1091, Florida Statutes because it specifically named Tower Mortgage as the payee....

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Lindsey v. Wells Fargo Bank, N.A., 139 So. 3d 903 (Fla. 1st DCA 2013).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2013 Fla. App. LEXIS 3145, 2013 WL 692825

...5th DCA 2011) (same); BAC Funding Consortium, 28 So.3d at 938 (same). The original note names Option One (not Wells Fargo) as the lender and, contrary to Wells Fargo’s argument, the note is not a “bearer instrument” because it was payable to Option One. See § 673.1091, Fla....

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Mark Pennington v. Ocwen Loan Servicing, LLC, 151 So. 3d 52 (Fla. 1st DCA 2014).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 5740990

...Pennington’s affirmative defense contesting standing, we reverse and remand for the trial court to enter judgment in favor of Pennington. In April 2007, Pennington executed a promissory note and mortgage on his condominium. The note was “payable to order” under section 673.1091, Florida Statutes, because it specifically named E.Q. Financial, Inc., the lender, as payee. § 673.1091, Fla....

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U.S. Bank Nat'l Assoc., Etc v. Jean Kachik, 222 So. 3d 592 (Fla. 4th DCA 2017).

Published | Florida 4th District Court of Appeal | 93 U.C.C. Rep. Serv. 2d (West) 32, 2017 WL 2859241, 2017 Fla. App. LEXIS 9642

...2 that it is payable to bearer . . . ; (b) [d]oes not state a payee; or (c) [s]tates that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.” § 673.1091(1), Fla....

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Fed. Nat'l Mortg. Ass'n v. McFadyen, 194 So. 3d 418 (Fla. 3d DCA 2016).

Published | Florida 3rd District Court of Appeal | 89 U.C.C. Rep. Serv. 2d (West) 652, 2016 WL 1658773, 2016 Fla. App. LEXIS 6351

...instrument enforceable by “a person in possession” of that instrument. See § 671.201(5), Fla. Stat. (2015) (“‘Bearer’ means . . . a person in possession of a negotiable instrument . . . that is payable to bearer or indorsed in blank.”); § 673.1091(1)(b)-(c) (“A promise or order is ‘payable to bearer’ if it: . . . [d]oes not state a payee . . . or otherwise indicates that it is not payable to an identified person.”); § 673.1091(3), Fla....

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