(1) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, different lots of fungible goods may be commingled.
(2) If different lots of fungible goods are commingled, the goods are owned in common by the persons entitled thereto and the warehouse is severally liable to each owner for that owner’s share. If, because of overissue, a mass of fungible goods is insufficient to meet all the receipts the warehouse has issued against it, the persons entitled include all holders to whom overissued receipts have been duly negotiated.
History.—s. 1, ch. 65-254; s. 29, ch. 2010-131.
Note.—s. 7-207, U.C.C.; supersedes ss. 678.22, 678.23.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 677 - Uniform Commercial Code: Documents of Title
Part II - Warehouse Receipts: Special Provisions (Ss. 677.201-677.210)
677.201 - Persons that may issue a warehouse receipt; storage under bond.
677.202 - Form of warehouse receipt; effect of omission.
677.203 - Liability of nonreceipt or misdescription.
677.204 - Duty of care; contractual limitation of warehouse’s liability.
677.205 - Title under warehouse receipt defeated in certain cases.
677.206 - Termination of storage at warehouse’s option.
677.207 - Goods shall be kept separate; fungible goods.