(1) This section does not apply to cashier’s checks or other drafts drawn on the drawer.
(2) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft:
(a) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder; or
(b) If the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in ss. 673.1151 and 673.4071.
The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under s. 673.4151.
(3) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.
(4) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under s. 673.4151(1) and (3).
(5) If a draft states that it is drawn “without recourse” or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (2) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (2) is not effective if the draft is a check.
(6) If a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, the drawee suspends payments after expiration of the 30-day period without paying the check, and, because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.
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.