(1) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(2) If a person whose intent determines to whom an instrument is payable (s. 673.1101(1) or (2)) does not intend the person identified as payee to have any interest in the instrument, or the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special indorsement:
(a) Any person in possession of the instrument is its holder.
(b) An indorsement by any person in the name of the payee stated in the instrument is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(3) Under subsection (1) or subsection (2), an indorsement is made in the name of a payee if:
(a) It is made in a name substantially similar to that of the payee; or
(b) The instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.
(4) With respect to an instrument to which subsection (1) or subsection (2) applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
History.—s. 2, ch. 92-82.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 673 - Uniform Commercial Code: Negotiable Instruments
Part IV - Liability of Parties (Ss. 673.4011-673.4201)
673.4021 - Signature by representative.
673.4031 - Unauthorized signature.
673.4041 - Impostors; fictitious payees.
673.4051 - Employer’s responsibility for fraudulent indorsement by employee.
673.4061 - Negligence contributing to forged signature or alteration of instrument.
673.4081 - Drawee not liable on unaccepted draft.
673.4091 - Acceptance of draft; certified check.
673.4101 - Acceptance varying draft.
673.4111 - Refusal to pay cashier’s checks, teller’s checks, and certified checks.
673.4121 - Obligation of issuer of note or cashier’s check.
673.4131 - Obligation of acceptor.
673.4141 - Obligation of drawer.
673.4151 - Obligation of indorser.
673.4161 - Transfer warranties.
673.4171 - Presentment warranties.
673.4181 - Payment or acceptance by mistake.