(1) If an accepted payment order is not, under s. 670.202(1), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to s. 670.202(2), the following rules apply:
(a) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order.
(b) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was not caused, directly or indirectly, by a person:
1. Who was entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure; or
2. Who obtained access to transmitting facilities of the customer or who obtained, from a source controlled by the customer and without authority of the receiving bank, information facilitating breach of the security procedure, regardless of how the information was obtained or whether the customer was at fault. Information includes any access device, computer software, or the like.
(2) This section applies to amendments of payment orders to the same extent it applies to payment orders.
History.—s. 1, ch. 91-70.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 670 - Uniform Commercial Code: Funds Transfers
Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212)
670.202 - Authorized and verified payment orders.
670.203 - Unenforceability of certain verified payment orders.
670.205 - Erroneous payment orders.
670.206 - Transmission of payment order through funds-transfer system or other communication system.
670.207 - Misdescription of beneficiary.
670.208 - Misdescription of intermediary bank or beneficiary’s bank.
670.209 - Acceptance of payment order.
670.21 - Rejection of payment order.
670.211 - Cancellation and amendment of payment order.
670.212 - Liability and duty of receiving bank regarding unaccepted payment order.