The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.1101

673.1101 Identification of person to whom instrument is payable.—

(1) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers.

(2) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so.

(3) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply:

(a) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number.

(b) If an instrument is payable to:

1. A trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named;

2. A person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative, or a successor of the representative;

3. A fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or

4. An office or a person described as holding an office, the instrument is payable to the named person, the incumbent of the office, or a successor to the incumbent.

(4) If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or more persons not alternatively, it is payable to all of them and may be negotiated, discharged, or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.

History.—s. 2, ch. 92-82.

F.S. 673.1101 on Google Scholar

F.S. 673.1101 on Casetext

Amendments to 673.1101

Arrestable Offenses / Crimes under Fla. Stat. 673.1101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.1101.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR RESIDENTIAL ACCREDIT LOANS, INC. v. HARRIS a k a E., 264 So. 3d 186 (Fla. App. Ct. 2019)

. . . Section 673.1101, Florida Statutes (2017), provides that: (3) A person to whom an instrument is payable . . . representative, or a successor of either, whether or not the beneficiary or estate is also named [.] § 673.1101 . . .

VERIZZO, v. BANK OF NEW YORK MELLON f k a N. A., 220 So. 3d 1262 (Fla. Dist. Ct. App. 2017)

. . . See §§ 673.1101(1) (identifying the party to whom an instrument is initially payable), .2011(2) (defining . . . See § 673.1101(3)(b)(1) (indicating that holder-ship of a note specially endorsed to a trustee may become . . .

ISRA HOMES, INC. a LLC, a S. v. APPLEY V V a W. u t d LLC, a J. J. a A. A. E. S., 78 So. 3d 724 (Fla. Dist. Ct. App. 2012)

. . . . § 673.1101(4) (emphasis added). . . . Because Appellees only constituted some of the payees, section 673.1101(4) prevented them from seeking . . .

REDLAND COMPANY, INC. a v. BANK OF AMERICA CORPORATION, a f. k. a. N. A., 568 F.3d 1232 (11th Cir. 2009)

. . . Second, section 673.1101 of the Florida Code provides that the party entitled to cash a check is determined . . . Section 673.1101 provides, in relevant part: (1) The person to whom an instrument is initially payable . . . Stat. § 673.1101 . . .

J. LUCAS, v. BANKATLANTIC,, 924 So. 2d 959 (Fla. Dist. Ct. App. 2006)

. . . .” § 673.1101(1), Florida Statutes (2004). . . .

HYATT CORPORATION, v. PALM BEACH NATIONAL BANK,, 840 So. 2d 300 (Fla. Dist. Ct. App. 2003)

. . . The bank answered and raised Section 673.1101(4), Florida Statutes (1993) as an affirmative defense. . . . drafted ambiguously as to whether they were payable alternatively or jointly, and thus under Section 673.1101 . . . The trial court granted Summary Judgment in favor of the bank, finding that Section 673.1101(4) precluded . . . Section 673.1101(4) now provides the following: (4) If an instrument is payable to two or more persons . . . The court cited to § 673.1101(4), Fla. Stat. . . .