reglab/housing_qa huggingface dataset:
FL Stat § 674.2141 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part II - Collection of Items: Depositary and Collecting Banks (Ss. 674.201-674.216)|674.2141 - Right of charge-back or refund; liability of collecting bank; return of item.

674.2141 Right of charge-back or refund; liability of collecting bank; return of item.—(1) If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer’s account, or obtain refund from its customer, whether or not it is able to return the item, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank’s midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge back, and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final.(2) A collecting bank returns an item when it is sent or delivered to the bank’s customer or transferor or pursuant to its instructions.(3) A depositary bank that is also the payor may charge back the amount of an item to its customer’s account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (s. 674.301).(4) The right to charge back is not affected by:(a) Previous use of a credit given for the item; or(b) Failure by any bank to exercise ordinary care with respect to the item, but a bank so failing remains liable.(5) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party.(6) If credit is given in dollars as the equivalent of the value of an item payable in a foreign money, the dollar amount of any charge-back or refund must be calculated on the basis of the bank-offered spot rate for the foreign money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.History.—s. 1, ch. 65-254; s. 32, ch. 92-82.Note.—s. 4-212, U.C.C.; former s. 674.212.
FL Stat § 674.215 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part II - Collection of Items: Depositary and Collecting Banks (Ss. 674.201-674.216)|674.215 - Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal.

674.215 Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal.—(1) An item is finally paid by a payor bank when the bank has first done any of the following:(a) Paid the item in cash;(b) Settled for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement; or(c) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearinghouse rule, or agreement.(2) If provisional settlement for an item does not become final, the item is not finally paid.(3) If provisional settlement for an item between the presenting and payor banks is made through a clearinghouse or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the item by the payor bank.(4) If a collecting bank receives a settlement for an item which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.(5) Subject to applicable law stating a time for availability of funds and any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in a customer’s account becomes available for withdrawal as of right:(a) If the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time; or(b) If the bank is both the depositary bank and the payor bank, and the item is finally paid, at the opening of the bank’s second banking day following receipt of the item.(6) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank’s next banking day after receipt of the deposit.History.—s. 1, ch. 65-254; s. 1, ch. 67-172; s. 33, ch. 92-82.Note.—s. 4-213, U.C.C.; supersedes s. 676.55; former s. 674.213.
FL Stat § 674.216 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part II - Collection of Items: Depositary and Collecting Banks (Ss. 674.201-674.216)|674.216 - Insolvency and preference.

674.216 Insolvency and preference.—(1) If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee, or agent in charge of the closed bank to the presenting bank or the closed bank’s customer.(2) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank.(3) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement’s becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events.(4) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank.History.—s. 1, ch. 65-254; s. 34, ch. 92-82.Note.—s. 4-214, U.C.C.; former s. 674.214.
FL Stat § 674.301 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part III - Collection of Items: Payor Banks (Ss. 674.301-674.303)|674.301 - Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.

674.301 Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.—(1) If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it:(a) Returns the item; or(b) Sends written notice of dishonor or nonpayment if the item is unavailable for return.(2) If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection (1).(3) Unless previous notice of dishonor has been sent, an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.(4) An item is returned:(a) As to an item presented through a clearinghouse, when it is delivered to the presenting or last collecting bank or to the clearinghouse or is sent or delivered in accordance with clearinghouse rules; or(b) In all other cases, when it is sent or delivered to the bank’s customer or transferor or pursuant to instructions.History.—s. 1, ch. 65-254; s. 35, ch. 92-82.Note.—s. 4-301, U.C.C.; supersedes s. 676.55.
FL Stat § 674.302 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part III - Collection of Items: Payor Banks (Ss. 674.301-674.303)|674.302 - Payor bank’s responsibility for late return of item.

674.302 Payor bank’s responsibility for late return of item.—(1) If an item is presented to and received by a payor bank, the bank is accountable for the amount of:(a) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or(b) Any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.(2) The liability of a payor bank to pay an item pursuant to subsection (1) is subject to defenses based on breach of a presentment warranty (s. 674.2081) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.History.—s. 1, ch. 65-254; s. 36, ch. 92-82.Note.—s. 4-302, U.C.C.; supersedes s. 676.55.
FL Stat § 674.303 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part III - Collection of Items: Payor Banks (Ss. 674.301-674.303)|674.303 - When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified.

674.303 When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified.—(1) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank’s right or duty to pay an item or to charge its customer’s account for the item if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:(a) The bank accepts or certifies the item;(b) The bank pays the item in cash;(c) The bank settles for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement;(d) The bank becomes accountable for the amount of the item under s. 674.302 dealing with the payor bank’s responsibility for late return of items; or(e) With respect to checks, a cutoff hour no earlier than 1 hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.(2) Subject to subsection (1), items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.History.—s. 1, ch. 65-254; s. 37, ch. 92-82.Note.—s. 4-303, U.C.C.; supersedes ss. 676.55, 659.26.
FL Stat § 674.401 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part IV - Relationship Between Payor Bank and Its Customer (Ss. 674.401-674.407)|674.401 - When bank may charge customer’s account.

674.401 When bank may charge customer’s account.—(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.History.—s. 1, ch. 65-254; s. 38, ch. 92-82.Note.—s. 4-401, U.C.C.; supersedes ss. 674.15-674.17, 675.32.
FL Stat § 674.402 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part IV - Relationship Between Payor Bank and Its Customer (Ss. 674.401-674.407)|674.402 - Bank’s liability to customer for wrongful dishonor; time of determining insufficiency of account.

674.402 Bank’s liability to customer for wrongful dishonor; time of determining insufficiency of account.—(1) Except as otherwise provided in this chapter, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.(2) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.(3) A payor bank’s determination of the customer’s account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank’s decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.History.—s. 1, ch. 65-254; s. 39, ch. 92-82.Note.—s. 4-402, U.C.C.; supersedes s. 659.33.
FL Stat § 674.403 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part IV - Relationship Between Payor Bank and Its Customer (Ss. 674.401-674.407)|674.403 - Customer’s right to stop payment; burden of proof of loss.

674.403 Customer’s right to stop payment; burden of proof of loss.—(1) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer’s account or close the account by a written order to the bank describing the item or account with certainty received by an officer of the bank during a banking day and at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in s. 674.303. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.(2) A stop-payment order is effective for 6 months. A stop-payment order may be renewed for additional 6-month periods by a writing given to the bank within a period during which the stop-payment order is effective.(3) The bank may be liable to its customer for the actual loss incurred by the customer resulting from the wrongful payment of an item contrary to a valid and binding stop-payment order or order to close an account. The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under s. 674.402.History.—Art. 10, s. 1, ch. 65-254; s. 40, ch. 92-82.Note.—s. 4-403, U.C.C.; supersedes s. 659.32.
FL Stat § 674.404 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part IV - Relationship Between Payor Bank and Its Customer (Ss. 674.401-674.407)|674.404 - Bank not obliged to pay check more than 6 months old.

674.404 Bank not obliged to pay check more than 6 months old.—A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than 6 months after its date; but it may charge its customer’s account for a payment made thereafter in good faith.History.—s. 1, ch. 65-254; s. 41, ch. 92-82.Note.—s. 4-404, U.C.C.; supersedes s. 659.31.
FL Stat § 674.405 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part IV - Relationship Between Payor Bank and Its Customer (Ss. 674.401-674.407)|674.405 - Death or incompetence of customer.

674.405 Death or incompetence of customer.—(1) A payor or collecting bank’s authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.(2) Even with knowledge, a bank may for 10 days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.History.—s. 1, ch. 65-254; s. 42, ch. 92-82.Note.—s. 4-405, U.C.C.; supersedes ss. 659.39, 659.40.
FL Stat § 674.407 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part IV - Relationship Between Payor Bank and Its Customer (Ss. 674.401-674.407)|674.407 - Payor bank’s right to subrogation on improper payment.

674.407 Payor bank’s right to subrogation on improper payment.—If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after the account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights:(1) Of any holder in due course on the item against the drawer or maker;(2) Of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and(3) Of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.History.—s. 1, ch. 65-254; s. 44, ch. 92-82.Note.—s. 4-407, U.C.C.; supersedes s. 659.34.
FL Stat § 674.501 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part V - Collection of Documentary Drafts (Ss. 674.501-674.504)|674.501 - Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.

674.501 Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.—A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.History.—s. 1, ch. 65-254; s. 45, ch. 92-82.Note.—s. 4-501, U.C.C.
FL Stat § 674.502 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part V - Collection of Documentary Drafts (Ss. 674.501-674.504)|674.502 - Presentment of “on arrival” drafts.

674.502 Presentment of “on arrival” drafts.—If a draft or the relevant instructions require presentment “on arrival,” “when goods arrive,” or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.History.—s. 1, ch. 65-254; s. 46, ch. 92-82.Note.—s. 4-502, U.C.C.
FL Stat § 674.503 (2021)
2021 Florida Statutes|Title XXXIX - Commercial Relations|Chapter 674 - Uniform Commercial Code: Bank Deposits and Collections|Part V - Collection of Documentary Drafts (Ss. 674.501-674.504)|674.503 - Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.

674.503 Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.—Unless otherwise instructed and except as provided in chapter 675, a bank presenting a documentary draft:(1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than 3 days after presentment; otherwise, only on payment; and(2) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or, if the presenting bank does not choose to utilize the referee’s services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor, and must request instructions.However, the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses.History.—s. 1, ch. 65-254; s. 47, ch. 92-82.Note.—s. 4-503, U.C.C.; supersedes s. 676.04.