§ 673.4141, Fla. Stat. · Part IV. LIABILITY OF PARTIES
Obligation of drawer.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 2, ch. 92-82.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0673/0673.html
- Text hash
- sha256 a480deaf6dc59e8ed22e5991170adf6aa43f20c7deb25c28417350eb1cabb0dc
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites § 673.4141, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 673.4131, Fla. Stat.Obligation of acceptor.Printed as s. 673.4141
- § 673.5031, Fla. Stat.Notice of dishonor.Printed as s. 673.4141(4)
- § 673.6051, Fla. Stat.Discharge of indorsers and accommodation parties.Printed as s. 673.4141(4)
- § 675.108, Fla. Stat.Issuer’s rights and obligations.Printed as ss. 673.4141 and 673.4151
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.