Florida Statute 673.3101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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673.3101 Effect of instrument on obligation for which taken.—

(1) Unless otherwise agreed, if a certified check, cashier’s check, or teller’s check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument.

(2) Unless otherwise agreed and except as provided in subsection (1), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:

(a) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check.

(b) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment.

(c) Except as provided in paragraph (d), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.

(d) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee’s rights against the obligor are limited to enforcement of the instrument.

(3) If an instrument other than one described in subsection (1) or subsection (2) is taken for an obligation, the effect is:

(a) That stated in subsection (1) if the instrument is one on which a bank is liable as maker or acceptor; or

(b) That stated in subsection (2) in any other case.

History.—s. 2, ch. 92-82.

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Amendments to 673.3101

Annotations, Discussions, Cases:

Cases Citing Statute 673.3101

Total Results: 5

Miller v. Florida Mining & Materials (In Re A.W. & Associates, Inc.)

196 B.R. 900, 36 Collier Bankr. Cas. 2d 211, 10 Fla. L. Weekly Fed. B 3, 31 U.C.C. Rep. Serv. 2d (West) 820, 1996 Bankr. LEXIS 694, 1996 WL 335486

United States Bankruptcy Court, N.D. Florida | Filed: Mar 27, 1996 | Docket: 1755230

Cited 3 times | Published

with the Florida Uniform Commercial Code. Section 673.3101, Florida Statutes provides that: (2) Unless

VFS Leasing Co. v. Markel Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Oct 30, 2024 | Docket: 68313371

Published

Argued: Mar 7, 2024

remedy. 67 F.4th at 394. We agree here. Section 673.3101(1) of the Florida Statutes (UCC §

In re Williams

269 B.R. 68, 15 Fla. L. Weekly Fed. B 9, 2001 Bankr. LEXIS 1414, 89 A.F.T.R.2d (RIA) 674, 2001 WL 1355608

District Court, M.D. Florida | Filed: Sep 28, 2001 | Docket: 65516040

Published

actually received by a payee. Florida Statutes § 673.3101 controls the relationship between payors and

Procedo Gesellschaft Fur Exportfactoring, D. Klindworth MBH v. Juli-And Holding of Florida, Inc.

691 So. 2d 1143, 32 U.C.C. Rep. Serv. 2d (West) 1145, 1997 Fla. App. LEXIS 3966, 1997 WL 180162

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 64772526

Published

themselves in any particular forum. Pursuant to section 673.3101(2)(c), Florida Statutes, Pro-cedo, the obligee

Feltman v. American International Airways, Inc. (In re Aerial Transit Co.)

190 B.R. 464, 9 Fla. L. Weekly Fed. B 265, 1996 Bankr. LEXIS 4, 28 Bankr. Ct. Dec. (CRR) 428

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 4, 1996 | Docket: 65781239

Published

suspended until dishonor of the check. Fla.Stat. § 673.3101(2). Bellomy-Lawson conclude that because Aerial

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