Florida Statute 673.4111 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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673.4111 Refusal to pay cashier’s checks, teller’s checks, and certified checks.—

(1) In this section, the term “obligated bank” means:

(a) The acceptor of a certified check; or

(b) The issuer of a cashier’s check or teller’s check bought from the issuer.

(2) If the obligated bank wrongfully refuses to pay a cashier’s check or certified check, wrongfully stops payment of a teller’s check, or wrongfully refuses to pay a dishonored teller’s check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.

(3) Expenses or consequential damages under subsection (2) are not recoverable if the refusal of the obligated bank to pay occurs because:

(a) The bank suspends payments;

(b) The obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument;

(c) The obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument; or

(d) Payment is prohibited by law.

History.—s. 2, ch. 92-82.

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Amendments to 673.4111

Annotations, Discussions, Cases:

Cases Citing Statute 673.4111

Total Results: 3 | Sort by: Relevance | Newest First

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Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 2008).

Cited 19 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686

...payable to another person, and evidencing the payee's authorization to receive from the bank the amount of money represented by the check"). A bank is subject to severe penalties for wrongfully stopping payment on a cashier's or certified check. See § 673.4111(2), Fla....

...eck is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages. § 673.4111(2), Fla....

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JTM, INC. v. Totalbank, 795 So. 2d 161 (Fla. 3d DCA 2001).

Published | Florida 3rd District Court of Appeal | 46 U.C.C. Rep. Serv. 2d (West) 787, 2001 Fla. App. LEXIS 12493, 2001 WL 1007408

...purchased by a customer whose account is debited in payment for the check is not a check drawn on the customer's account within the meaning of subsection (a)...."). Thus, JTM has failed to state a claim for relief under section 674.402 because it does not apply to cashier's checks. Section 673.4111, Florida Statutes (1993), does apply to cashier's checks; however, JTM lacks standing to sue under this statute. Section 673.4111 gives only "the person asserting the right to enforce" the cashier's check standing to sue for dishonor. § 673.4111(2), Fla....

...of the instrument who has the rights of a holder; or (3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4). [2] § 673.3011, Fla. Stat. (1993). Under the plain meaning of section 673.4111 and the facts of this case, only Future Tech, the holder of the cashier's check, would have standing to sue Totalbank for wrongful dishonor of the cashier's check....

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Peter Torocsik v. HSBC Bank USA, Nat'l Ass'n, etc., & Matthew Weaver, etc., 165 So. 3d 781 (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal | 86 U.C.C. Rep. Serv. 2d (West) 741, 2015 Fla. App. LEXIS 8036, 2015 WL 3387916

...appeal of portion of the order granting summary judgment and entering partial summary judgment). As such, this opinion is limited to the portion of the order entering summary judgment for the Bank. The seller’s action for damages against the Bank was based on section 673.4111, Florida Statutes (2008), which provides in pertinent part: (1) In this section, the term “obligated bank” means: (a) The acceptor of a certified check; or (b) The issuer of a cashier’s check or teller’s...