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Florida Statute 674.2101 | Lawyer Caselaw & Research
F.S. 674.2101 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 674.2101

The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS
Chapter 674
UNIFORM COMMERCIAL CODE: BANK DEPOSITS AND COLLECTIONS
View Entire Chapter
F.S. 674.2101
674.2101 Security interest of collecting bank in items, accompanying documents, and proceeds.
(1) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either:
(a) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied;
(b) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; or
(c) If it makes an advance on or against the item.
(2) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items and any accompanying documents, or the proceeds of either. For the purpose of this section, credits first given are first withdrawn.
(3) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents, and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying or associated documents for purposes other than collection, the security interest continues to that extent and is subject to chapter 679, but:
(a) No security agreement is necessary to make the security interest enforceable (s. 679.2031(2)(c)1.);
(b) No filing is required to perfect the security interest; and
(c) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds.
History.s. 1, ch. 65-254; s. 28, ch. 92-82; s. 16, ch. 2001-198; s. 17, ch. 2010-131.
Note.s. 4-208, U.C.C.; former s. 674.208.

F.S. 674.2101 on Google Scholar

F.S. 674.2101 on Casetext

Amendments to 674.2101


Arrestable Offenses / Crimes under Fla. Stat. 674.2101
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 674.2101.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WELCH, v. HIGHLANDS UNION BANK,, 526 B.R. 152 (Bankr. W.D. Va. 2015)

. . . Highlands asserts that it possessed a security interest in the deposits pursuant to Florida Statute § 674.2101 . . . it possesses a security interest in the deposits at issue in this case pursuant to Florida Statute § 674.2101 . . . Stat. § 674.2101(l)(a). . . .

In SOPHISTICATED COMMUNICATIONS, INC. v., 369 B.R. 689 (Bankr. S.D. Fla. 2007)

. . . Pursuant to § 674.2101, Fla. . . .