ARTICLE 4
Note. Pursuant to s. 69, ch. 69-353, the editors altered the
numbers of all sections making up this chapter at that time by deleting the
digit and hyphen immediately following the decimal point. The purpose was to
conform the numbering of the Code sections with the decimal numbering system
used in other chapters of the Florida Statutes. The visual relationship
between Florida Statutes section numbers and Code section number was not
destroyed by this alteration; the digit preceding the decimal point coincides
with the Code article number, and the digits following the decimal point
coincide with the Code section numbers.
674.104 Definitions and index
of definitions. ---
(1) In this chapter, unless the context otherwise
requires, the term:
(a) "Account" means any deposit or credit account with
a bank, including a demand, time, savings, passbook, share draft,
or like account, other than an account evidenced by a certificate
of deposit.
(b) "Afternoon" means the period of a day between noon
and midnight.
(c) "Banking day" means the part of a day on which a
bank is open to the public for carrying on substantially all of its
banking functions.
(d) "Clearinghouse" means an association of banks or
other payors regularly clearing items.
(e) "Customer" means a person having an account with
a bank or for whom a bank has agreed to collect items, including a
bank that maintains an account at another bank.
(f) "Documentary draft" means a draft to be presented
for acceptance or payment if specified documents, certificated
securities (s. 678.102) or instructions for uncertificated
securities (s. 678.308), or other certificates, statements, or the
like are to be received by the drawee or other payor before
acceptance or payment of the draft.
(g) "Draft" means a draft as defined in s. 673.1041 or
an item, other than an instrument, that is an order.
(h) "Drawee" means a person ordered in a draft to make
payment.
(i) "Item" means an instrument or a promise or order
to pay money handled by a bank for collection or payment. The term
does not include a payment order governed by chapter 670 or a
credit or debit card slip.
(j) "Midnight deadline" with respect to a bank is
midnight on its next banking day following the banking day on which
it receives the relevant item or notice or from which the time for
taking action commences to run, whichever is later.
(k) "Settle" means to pay in cash, by clearinghouse
settlement, in a charge or credit or by remittance, or otherwise as
agreed. A settlement may be either provisional or final.
(l) "Suspends payments" with respect to a bank means
that it has been closed by order of the supervisory authorities,
that a public officer has been appointed to take it over, or that
it ceases or refuses to make payments in the ordinary course of
business.
(2) Other definitions applying to this chapter and the
sections in which they appear are:
"Agreement for electronic presentment," s. 674.1101.
"Bank," s. 674.105.
"Collecting bank," s. 674.105.
"Depositary bank," s. 674.105.
"Intermediary bank," s. 674.105.
"Payor bank," s. 674.105.
"Presenting bank," s. 674.105.
"Presentment notice," s. 674.1101.
(3) The following definitions in other chapters apply
to this chapter:
"Acceptance," s. 673.4091.
"Alteration," s. 673.4071.
"Cashier's check," s. 673.1041.
"Certificate of deposit," s. 673.1041.
"Certified check," s. 673.4091.
"Check," s. 673.1041.
"Good faith," s. 673.1031.
"Holder in due course," s. 673.3021.
"Instrument," s. 673.1041.
"Notice of dishonor," s. 673.5031.
"Order," s. 673.1031.
"Ordinary care," s. 673.1031.
"Person entitled to enforce," s. 673.3011.
"Presentment," s. 673.5011.
"Promise," s. 673.1031.
"Prove," s. 673.1031.
"Teller's check," s. 673.1041.
"Unauthorized signature," s. 673.4031.
(4) In addition, chapter 671 contains general
definitions and principles of construction and interpretation
applicable throughout this chapter.
History: s. 1, ch. 65-254; s. 1, ch. 71-44; s. 1, ch. 75-73; s. 10,
ch. 92-82.
Note. s. 4-104, U.C.C.
