§ 674.401, Fla. Stat. · Part IV. RELATIONSHIP BETWEEN PAYOR BANKAND ITS CUSTOMER
When bank may charge customer’s account.
Text — 2026 Florida Statutes
(1) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.
(2) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.
(3) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in s. 674.403(2) for stop-payment orders and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in s. 674.303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under s. 674.402.
(4) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:
(a) The original terms of the altered item; or
(b) The terms of the completed item, even though the bank knows the item has been completed, unless the bank has notice that the completion was improper.
Notes and commentary — not statutory text
History
s. 1, ch. 65-254; s. 38, ch. 92-82.
Note
Note.—s. 4-401, U.C.C.; supersedes ss. 674.15-674.17, 675.32.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0674/0674.html
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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.
The Florida Statutes
- § 674.303, Fla. Stat.When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified.Printed as s. 674.303
- § 674.402, Fla. Stat.Bank’s liability to customer for wrongful dishonor; time of determining insufficiency of account.Printed as s. 674.402
- § 674.403, Fla. Stat.Customer’s right to stop payment; burden of proof of loss.Printed as s. 674.403(2)
Cited by 1 provision
Provisions in this library whose text cites § 674.401, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
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.