Florida Statute 673.5011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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673.5011 Presentment.—

(1) The term “presentment” means a demand made by or on behalf of a person entitled to enforce an instrument:

(a) To pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank; or

(b) To accept a draft made to the drawee.

(2) The following rules are subject to chapter 674, agreement of the parties, and clearinghouse rules and the like:

(a) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.

(b) Upon demand of the person to whom presentment is made, the person making presentment must:

1. Exhibit the instrument;

2. Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so; and

3. Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

1. Return the instrument for lack of a necessary indorsement; or

2. Refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.

(d) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cutoff hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cutoff hour.

History.—s. 2, ch. 92-82.

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Amendments to 673.5011

Annotations, Discussions, Cases:

Cases Citing Statute 673.5011

Total Results: 5 | 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

...ayee, the payor effectively assigned the funds still in the payor's account pending the payment of the check. Id. at 503-04. Further, regarding whether the funds remain in the payor's account and hence in the payor's possession up until presentment, section 673.5011(1)(a), Florida Statutes (2002), defines presentment as "a demand made by or on behalf of a person entitled to enforce an instrument: (a) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the cas...

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Bufman Org. v. Fed. Deposit Ins. Corp., 82 F.3d 1020 (11th Cir. 1996).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit | 29 U.C.C. Rep. Serv. 2d (West) 905, 1996 U.S. App. LEXIS 11189

...6 The district court found that the three checks were not deposited but were returned to Masvidal, who had an office at Bank M. The court made no finding as to whether the checks were properly presented to Bank M under Florida law. See Fla.Stat.Ann. § 673.5011 (1993) (defining presentment)....

...All cites are to the current official Florida code 6 "Presentment" is a demand to pay or enforce the instrument made by or on behalf of a person entitled to enforce it, and it is effective "when the demand for payment or acceptance is received by the person to whom presentment is made...." Fla.Stat.Ann. § 673.5011 (1993)....

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Garrison v. Caliber Home Loans, Inc., 233 F. Supp. 3d 1282 (M.D. Fla. 2017).

Cited 4 times | Published | District Court, M.D. Florida | 2017 WL 89001, 2017 U.S. Dist. LEXIS 3140

...1, ¶¶ 17, 18, 23, 31, 36, 38; Doc. 18, ¶¶ 17,18, 38; see also Doc. 21, p. 1.) Plaintiff counters that the Fraudulent Document Issue supports her claims because: (1) she is “essentially enforcing her right to ‘presentment’ ” under Florida Statutes, § 673.5011; and (2) if Defendant cannot meet the requirements to enforce the Loan under Florida Statutes, §§ 673.3011 or 673.3091, “then its debt collection attempts ......

...ent. . The Court agrees with Plaintiff that a prior judicial determination of fraud is not a prerequisite to Plaintiff’s claims based on the Fraudulent Document Issue. .Plaintiff cites no authority to support the proposition that Florida Statutes, § 673.5011 may be enforced through the provisions of the FDCPA or FCCPA....

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Bufman Org. v. Fed. Deposit Ins., 82 F.3d 1020 (11th Cir. 1996).

Published | Court of Appeals for the Eleventh Circuit

...*1023 The district court found that the three checks were not deposited but were returned to Masvidal, who had an office at Bank M. The court made no finding as to whether the checks were properly presented to Bank M under Florida law. See Fla.Stat.Ann. § 673.5011 (1993) (defining presentment)....

..."Presentment” is a demand to pay or enforce the instrument made by or on behalf of a person entitled to enforce it, and it is effective “when the demand for payment or acceptance is received by the person to whom presentment is made....” Fla.Stat.Ann. § 673.5011 (1993)....

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Baptista v. PNC Bank, Nat'l Ass'n, 91 So. 3d 230 (Fla. 5th DCA 2012).

Published | Florida 5th District Court of Appeal | 2012 WL 2359652, 2012 Fla. App. LEXIS 10097, 37 Fla. L. Weekly Fed. D 1484

presented after an established cutoff hour. See § 673.5011(2)(d), Fla. Stat. (2009) (authorizing drawee

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