(1) A person not in possession of an instrument is entitled to enforce the instrument if:
(a) The person seeking to enforce the instrument was entitled to enforce the instrument when loss of possession occurred, or has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;
(b) The loss of possession was not the result of a transfer by the person or a lawful seizure; and
(c) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.
(2) A person seeking enforcement of an instrument under subsection (1) must prove the terms of the instrument and the person’s right to enforce the instrument. If that proof is made, s. 673.3081 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.
History.—s. 2, ch. 92-82; s. 1, ch. 2004-3.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 673 - Uniform Commercial Code: Negotiable Instruments
Part III - Enforcement of Instruments (Ss. 673.3011-673.3121)
673.3011 - Person entitled to enforce instrument.
673.3021 - Holder in due course.
673.3031 - Value and consideration.
673.3041 - Overdue instrument.
673.3051 - Defenses and claims in recoupment.
673.3061 - Claims to an instrument.
673.3071 - Notice of breach of fiduciary duty.
673.3081 - Proof of signatures and status as holder in due course.
673.3091 - Enforcement of lost, destroyed, or stolen instrument.
673.3101 - Effect of instrument on obligation for which taken.
673.3111 - Accord and satisfaction by use of instrument.
673.3121 - Lost, destroyed, or stolen cashier’s check, teller’s check, or certified check.