reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part III - Electronic Mail Communications (Ss. 668.60-668.610) › 668.604 - Blocking of commercial electronic mail by interactive computer service.

668.604 Blocking of commercial electronic mail by interactive computer service.—This part does not:
(1) Require a provider of Internet access service to block, transmit, route, relay, handle, or store certain types of electronic mail messages;
(2) Prevent or limit, in any way, a provider of Internet access service from adopting a policy regarding commercial or other electronic mail, including a policy of declining to transmit certain types of electronic mail messages, or from enforcing such policy through technical means, through contract, or pursuant to any remedy available under any other provision of law; or
(3) Render lawful any policy or action that is unlawful under any other provision of law.
History.—s. 1, ch. 2004-233.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part III - Electronic Mail Communications (Ss. 668.60-668.610) › 668.605 - Confidentiality of intelligence or investigation information.

668.605 Confidentiality of intelligence or investigation information.—This part does not contravene the provisions of s. 501.2065, which provide for maintaining the confidential status of certain information.
History.—s. 1, ch. 2004-233.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part III - Electronic Mail Communications (Ss. 668.60-668.610) › 668.606 - Civil remedies; service provider immunity.

668.606 Civil remedies; service provider immunity.—
(1) The department may bring an action for damages or for declaratory or injunctive relief or may impose a civil penalty as provided in s. 668.6075. A cause of action, without regard to any other remedy or relief to which a person is entitled, including the right to seek declaratory and injunctive relief against a person who initiates or assists in the transmission of a commercial electronic mail message that violates, has violated, or is otherwise likely to violate s. 668.603, is also available to an interactive computer service, telephone company, or cable provider that handles or retransmits the commercial electronic mail message.
(2) This part does not create a cause of action or provide for criminal charges against an interactive computer service, customer premise equipment provider, communications service provider, or cable provider whose equipment is used to transport, handle, or retransmit a commercial electronic mail message that violates s. 668.603.
(3) A prevailing plaintiff in an action filed under this part is entitled to:
(a) An injunction to enjoin future violations of s. 668.603.
(b) Compensatory damages equal to any actual damage proven by the plaintiff to have resulted from the initiation of the unsolicited commercial electronic mail message or liquidated damages of $500 for each unsolicited commercial electronic mail message that violates s. 668.603.
(c) The plaintiff’s attorney’s fees and other litigation costs reasonably incurred in connection with the action.
(4) Any person outside this state who initiates or assists in the transmission of a commercial electronic mail message received in this state which violates s. 668.603 and who knows, or should have known, that the commercial electronic mail message will be received in this state submits to the jurisdiction of this state for purposes of this part.
(5) An action under this section must be commenced within 4 years following the date of any activity prohibited by s. 668.603.
History.—s. 1, ch. 2004-233; s. 2, ch. 2006-232.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part III - Electronic Mail Communications (Ss. 668.60-668.610) › 668.6075 - Unfair and deceptive trade practices.

668.6075 Unfair and deceptive trade practices.—A violation of s. 668.603 shall be deemed an unfair and deceptive trade practice within the meaning of part II of chapter 501. In addition to any remedies or penalties set forth in that part, a violator shall be subject to the penalties and remedies provided for in this part.
History.—s. 1, ch. 2004-233; s. 3, ch. 2006-232.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part III - Electronic Mail Communications (Ss. 668.60-668.610) › 668.6076 - Public records status of e-mail addresses; agency website notice.

668.6076 Public records status of e-mail addresses; agency website notice.—Any agency, as defined in s. 119.011, or legislative entity that operates a website and uses electronic mail shall post the following statement in a conspicuous location on its website:
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
History.—s. 1, ch. 2006-232.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part III - Electronic Mail Communications (Ss. 668.60-668.610) › 668.608 - Criminal violations.

668.608 Criminal violations.—
(1) Except as provided in subsection (2), any person who violates s. 668.603 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who violates s. 668.603 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
(a) The volume of commercial electronic mail messages transmitted by the person exceeds 2,500 attempted recipients in any 24-hour period;
(b) The volume of commercial electronic mail messages transmitted by the person exceeds 25,000 attempted recipients in any 30-day period;
(c) The volume of commercial electronic mail messages transmitted by the person exceeds 250,000 attempted recipients in any 1-year period;
(d) The revenue generated from a specific commercial electronic mail message transmitted by the person exceeds $1,000;
(e) The total revenue generated from all commercial electronic mail messages transmitted by the person to any electronic mail message service provider or its subscribers exceeds $50,000;
(f) The person knowingly hires, employs, uses, or permits any minor to assist in the transmission of a commercial electronic mail message in violation of s. 668.603; or
(g) The person commits a violation otherwise punishable under subsection (1) within a 5-year period after a previous conviction under this section.
History.—s. 4, ch. 2006-232.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part III - Electronic Mail Communications (Ss. 668.60-668.610) › 668.610 - Cumulative remedies.

668.610 Cumulative remedies.—The remedies and criminal penalties of this part are in addition to remedies and criminal penalties otherwise available for the same conduct under federal or state law.
History.—s. 1, ch. 2004-233; s. 3, ch. 2006-232.
Note.—Former s. 668.6075(2).
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part IV - Fraudulent Use or Possession of Identifying Information (Ss. 668.701-668.705) › 668.701 - Short title.

668.701 Short title.—This part may be cited as the “Antiphishing Act.”
History.—s. 5, ch. 2006-232.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part IV - Fraudulent Use or Possession of Identifying Information (Ss. 668.701-668.705) › 668.702 - Definitions.

668.702 Definitions.—As used in this part, the term:
(1) “Department” means the Department of Legal Affairs.
(2) “Electronic mail address” has the same meaning as provided in s. 668.602.
(3) “Electronic mail message” has the same meaning as provided in s. 668.602.
(4) “Identifying information” has the same meaning as the term “personal identification information” as defined in s. 817.568(1).
(5) “Internet domain name” has the same meaning as provided in s. 668.602.
(6) “Web page” means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet.
History.—s. 5, ch. 2006-232.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part IV - Fraudulent Use or Possession of Identifying Information (Ss. 668.701-668.705) › 668.703 - Prohibited acts.

668.703 Prohibited acts.—
(1) A person with an intent to engage in conduct involving the fraudulent use or possession of another person’s identifying information may not represent oneself, directly or by implication, to be another person without the authority or approval of such other person through the use of a web page or Internet domain name and use that web page, Internet domain name, or a link to that web page or domain name or another site on the Internet to induce, request, or solicit a resident of this state to provide identifying information.
(2) A person with an intent to engage in conduct involving the fraudulent use or possession of identifying information may not send or cause to be sent to an electronic mail address held by a resident of this state an electronic mail message that is falsely represented as being sent by another person without the authority or approval of such other person, refers or links the recipient of the message to a web page, and directly or indirectly induces, requests, or solicits the recipient of the electronic mail message to provide identifying information.
History.—s. 5, ch. 2006-232.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part IV - Fraudulent Use or Possession of Identifying Information (Ss. 668.701-668.705) › 668.704 - Remedies.

668.704 Remedies.—
(1) The following persons may bring a civil action against a person who violates this part:
(a) A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation.
(b) A financial institution as defined in s. 655.005(1) that is adversely affected by the violation.
(c) An owner of a web page, trademark, or service mark who is adversely affected by the violation.
(d) The Attorney General.
(2) A person bringing an action under this section may:
(a) Seek injunctive relief to restrain the violator from continuing the violation.
(b) Recover damages in an amount equal to the greater of:
1. Actual damages arising from the violation; or
2. The sum of $5,000 for each violation of the same nature.
(3) The court may increase an award of actual damages in an action brought under this section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with a frequency as to constitute a pattern or practice.
(4) For purposes of this section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or action occurred.
(5) A plaintiff who prevails in an action filed under this section is entitled to recover reasonable attorney’s fees and court costs.
(6) By committing a violation under this part, the violator submits personally to the jurisdiction of the courts of this state. This section does not preclude other methods of obtaining jurisdiction over a person who commits a violation under this part.
(7) An action under this part may be brought in any court of competent jurisdiction to enforce such rights and to recover damages as stated in this part.
(8) The venue for a civil action brought under this section shall be the county in which the plaintiff resides or in any county in which any part of the alleged violation under this part took place, regardless of whether the defendant was ever actually present in that county. A civil action filed under this section must be brought within 3 years after the violation occurred.
(9) The remedies available under this section are in addition to remedies otherwise available for the same conduct under federal or state law.
(10) Any moneys received by the Attorney General for attorney’s fees and costs of investigation or litigation in proceedings brought under this section shall be deposited as received into the Legal Affairs Revolving Trust Fund.
(11) Any moneys received by the Attorney General which are not for attorney’s fees and costs of investigation or litigation or used for reimbursing persons found under this part to be damaged shall accrue to the state and be deposited as received into the Legal Affairs Revolving Trust Fund.
History.—s. 5, ch. 2006-232; s. 104, ch. 2013-18.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part IV - Fraudulent Use or Possession of Identifying Information (Ss. 668.701-668.705) › 668.705 - Exemptions.

668.705 Exemptions.—
(1) This part does not apply to a telecommunications provider’s or Internet service provider’s good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.
(2) A provider of an interactive computer service is not liable under the laws of this state for removing or disabling access to content that resides on an Internet website or other online location controlled or operated by such provider if such provider believes in good faith that the content is used to engage in a violation of this part.
History.—s. 5, ch. 2006-232.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part V - Computer Abuse and Data Recovery Act (Ss. 668.801-668.805) › 668.801 - Purpose.

668.801 Purpose.—This part shall be construed liberally to:
(1) Safeguard an owner, operator, or lessee of a protected computer used in the operation of a business from harm or loss caused by unauthorized access to such computer.
(2) Safeguard an owner of information stored in a protected computer used in the operation of a business from harm or loss caused by unauthorized access to such computer.
History.—s. 2, ch. 2015-14.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part V - Computer Abuse and Data Recovery Act (Ss. 668.801-668.805) › 668.803 - Prohibited acts.

668.803 Prohibited acts.—A person who knowingly and with intent to cause harm or loss:
(1) Obtains information from a protected computer without authorization and, as a result, causes harm or loss;
(2) Causes the transmission of a program, code, or command to a protected computer without authorization and, as a result of the transmission, causes harm or loss; or
(3) Traffics in any technological access barrier through which access to a protected computer may be obtained without authorization,
is liable to the extent provided in s. 668.804 in a civil action to the owner, operator, or lessee of the protected computer, or the owner of information stored in the protected computer who uses the information in connection with the operation of a business.
History.—s. 4, ch. 2015-14.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part V - Computer Abuse and Data Recovery Act (Ss. 668.801-668.805) › 668.804 - Remedies.

668.804 Remedies.—
(1) A person who brings a civil action for a violation under s. 668.803 may:
(a) Recover actual damages, including the person’s lost profits and economic damages.
(b) Recover the violator’s profits that are not included in the computation of actual damages under paragraph (a).
(c) Obtain injunctive or other equitable relief from the court to prevent a future violation of s. 668.803.
(d) Recover the misappropriated information, program, or code, and all copies thereof, that are subject to the violation.
(2) A court shall award reasonable attorney fees to the prevailing party in any action arising under this part.
(3) The remedies available for a violation of s. 668.803 are in addition to remedies otherwise available for the same conduct under federal or state law.
(4) A final judgment or decree in favor of the state in any criminal proceeding under chapter 815 shall estop the defendant in any subsequent action brought pursuant to s. 668.803 as to all matters as to which the judgment or decree would be an estoppel as if the plaintiff had been a party in the previous criminal action.
(5) A civil action filed under s. 668.803 must be commenced within 3 years after the violation occurred or within 3 years after the violation was discovered or should have been discovered with due diligence.
History.—s. 5, ch. 2015-14.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part V - Computer Abuse and Data Recovery Act (Ss. 668.801-668.805) › 668.805 - Exclusions.

668.805 Exclusions.—This part does not prohibit any lawfully authorized investigative, protective, or intelligence activity of any law enforcement agency, regulatory agency, or political subdivision of this state, any other state, the United States, or any foreign country. This part may not be construed to impose liability on any provider of an interactive computer service as defined in 47 U.S.C. s. 230(f), of an information service as defined in 47 U.S.C. s. 153, or of a communications service as defined in s. 202.11, if the provider provides the transmission, storage, or caching of electronic communications or messages of a person other than the provider, related telecommunications or commercial mobile radio services, or content provided by a person other than the provider.
History.—s. 6, ch. 2015-14.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part I - Subject Matter and Definitions (Ss. 670.101-670.108) › 670.101 - Short title.

670.101 Short title.—This chapter may be cited as the “Uniform Commercial Code—Funds Transfers.”
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part I - Subject Matter and Definitions (Ss. 670.101-670.108) › 670.102 - Subject matter.

670.102 Subject matter.—Except as otherwise provided in s. 670.108, this chapter applies to funds transfers defined in s. 670.104.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part I - Subject Matter and Definitions (Ss. 670.101-670.108) › 670.103 - Payment order: definitions.

670.103 Payment order: definitions.—
(1) In this chapter, the term:
(a) “Beneficiary” means the person to be paid by the beneficiary’s bank.
(b) “Beneficiary’s bank” means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.
(c) “Payment order” means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:
1. The instruction does not state a condition to payment to the beneficiary other than time of payment;
2. The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and
3. The instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank.
(d) “Receiving bank” means the bank to which the sender’s instruction is addressed.
(e) “Sender” means the person giving the instruction to the receiving bank.
(2) If an instruction complying with paragraph (1)(c) is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.
(3) A payment order is issued when it is sent to the receiving bank.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part I - Subject Matter and Definitions (Ss. 670.101-670.108) › 670.104 - Funds transfer: definitions.

670.104 Funds transfer: definitions.—In this chapter, the term:
(1) “Funds transfer” means the series of transactions, beginning with the originator’s payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator’s bank or an intermediary bank intended to carry out the originator’s payment order. A funds transfer is completed by acceptance by the beneficiary’s bank of a payment order for the benefit of the beneficiary of the originator’s payment order.
(2) “Intermediary bank” means a receiving bank other than the originator’s bank or the beneficiary’s bank.
(3) “Originator” means the sender of the first payment order in a funds transfer.
(4) “Originator’s bank” means:
(a) The receiving bank to which the payment order of the originator is issued if the originator is not a bank; or
(b) The originator if the originator is a bank.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part I - Subject Matter and Definitions (Ss. 670.101-670.108) › 670.105 - Other definitions.

670.105 Other definitions.—
(1) In this chapter, the term:
(a) “Authorized account” means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.
(b) “Bank” means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this chapter.
(c) “Customer” means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.
(d) “Funds-transfer business day” of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing, and transmittal of payment orders and cancellations and amendments of payment orders.
(e) “Funds-transfer system” means a wire transfer network, automated clearinghouse, or other communication system of a clearinghouse or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.
(f) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(g) “Prove” with respect to a fact means to meet the burden of establishing the fact (s. 671.201(8)).
(2) Other definitions applying to this chapter and the sections in which they appear are:
“Acceptance,” s. 670.209.
“Beneficiary,” s. 670.103.
“Beneficiary’s bank,” s. 670.103.
“Executed,” s. 670.301.
“Execution date,” s. 670.301.
“Funds transfer,” s. 670.104.
“Funds-transfer system rule,” s. 670.501.
“Intermediary bank,” s. 670.104.
“Originator,” s. 670.104.
“Originator’s bank,” s. 670.104.
“Payment by beneficiary’s bank to beneficiary,” s. 670.405.
“Payment by originator to beneficiary,” s. 670.406.
“Payment by sender to receiving bank,” s. 670.403.
“Payment date,” s. 670.401.
“Payment order,” s. 670.103.
“Receiving bank,” s. 670.103.
“Security procedure,” s. 670.201.
“Sender,” s. 670.103.
(3) The following definitions in chapter 674 apply to this chapter:
“Clearinghouse,” s. 674.104.
“Item,” s. 674.104.
“Suspends payments,” s. 674.104.
(4) In addition, chapter 671 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part I - Subject Matter and Definitions (Ss. 670.101-670.108) › 670.106 - Time payment order is received.

670.106 Time payment order is received.—
(1) The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in s. 671.209. A receiving bank may fix a cut-off time or times on a funds-transfer business day for the receipt and processing of payment orders and communications canceling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally, or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication canceling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cut-off time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.
(2) If this chapter refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this chapter.
History.—s. 1, ch. 91-70; s. 23, ch. 2007-134.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part I - Subject Matter and Definitions (Ss. 670.101-670.108) › 670.107 - Federal Reserve regulations and operating circulars.

670.107 Federal Reserve regulations and operating circulars.—Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve banks supersede any inconsistent provision of this chapter to the extent of the inconsistency.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part I - Subject Matter and Definitions (Ss. 670.101-670.108) › 670.108 - Relationship to Electronic Fund Transfer Act.

670.108 Relationship to Electronic Fund Transfer Act.—
(1) Except as provided in subsection (2), this chapter does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Pub. L. No. 95-630, 92 Stat. 3728, 15 U.S.C. ss. 1693 et seq.), as amended from time to time.
(2) This chapter applies to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act, 15 U.S.C. s. 1693o-1, as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act, 15 U.S.C s. 1693a, as amended from time to time.
(3) If there is an inconsistency between a funds transfer under this chapter and the Electronic Fund Transfer Act, the Electronic Fund Transfer Act governs the inconsistency.
History.—s. 1, ch. 91-70; s. 3, ch. 2016-53.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212) › 670.201 - Security procedure.

670.201 Security procedure.—“Security procedure” means a procedure established by agreement of a customer and a receiving bank for the purpose of:
(1) Verifying that a payment order or communication amending or canceling a payment order is that of the customer; or
(2) Detecting error in the transmission or the content of the payment order or communication.
A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures, or similar security devices. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer is not by itself a security procedure.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212) › 670.202 - Authorized and verified payment orders.

670.202 Authorized and verified payment orders.—
(1) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order or is otherwise bound by it under the law of agency.
(2) If a bank and its customer have agreed that the authenticity of payment orders issued to the bank in the name of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving bank is effective as the order of the customer, whether or not authorized, if the security procedure is a commercially reasonable method of providing security against unauthorized payment orders and the bank proves that it accepted the payment order in good faith and in compliance with the security procedure and any written agreement or instruction of the customer restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates a written agreement with the customer or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted.
(3) The commercial reasonableness of a security procedure is a question of law to be determined by considering the wishes of the customer expressed to the bank; the circumstances of the customer known to the bank, including the size, type, and frequency of payment orders normally issued by the customer to the bank; alternative security procedures offered to the customer; and security procedures in general use by customers and receiving banks similarly situated. A security procedure is deemed to be commercially reasonable if:
(a) The security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer; and
(b) The customer expressly agreed in writing to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the security procedure chosen by the customer.
(4) The term “sender” in this chapter includes the customer in whose name a payment order is issued if the order is the authorized order of the customer under subsection (1), or it is effective as the order of the customer under subsection (2).
(5) This section applies to amendments and cancellations of payment orders to the same extent it applies to payment orders.
(6) Except as provided in this section and in s. 670.203(1)(a), rights and obligations arising under this section or s. 670.203 may not be varied by agreement.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212) › 670.203 - Unenforceability of certain verified payment orders.

670.203 Unenforceability of certain verified payment orders.—
(1) If an accepted payment order is not, under s. 670.202(1), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to s. 670.202(2), the following rules apply:
(a) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order.
(b) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was not caused, directly or indirectly, by a person:
1. Who was entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure; or
2. Who obtained access to transmitting facilities of the customer or who obtained, from a source controlled by the customer and without authority of the receiving bank, information facilitating breach of the security procedure, regardless of how the information was obtained or whether the customer was at fault. Information includes any access device, computer software, or the like.
(2) This section applies to amendments of payment orders to the same extent it applies to payment orders.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212) › 670.204 - Refund of payment and duty of customer to report with respect to unauthorized payment order.

670.204 Refund of payment and duty of customer to report with respect to unauthorized payment order.—
(1) If a receiving bank accepts a payment order issued in the name of its customer as sender which is not authorized and not effective as the order of the customer under s. 670.202 or is not enforceable, in whole or in part, against the customer under s. 670.203, the bank shall refund any payment of the payment order received from the customer to the extent the bank is not entitled to enforce payment and shall pay interest on the refundable amount calculated from the date the bank received payment to the date of the refund. However, the customer is not entitled to interest from the bank on the amount to be refunded if the customer fails to exercise ordinary care to determine that the order was not authorized by the customer and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the date the customer received notification from the bank that the order was accepted or that the customer’s account was debited with respect to the order. The bank is not entitled to any recovery from the customer on account of a failure by the customer to give notification as stated in this section.
(2) Reasonable time under subsection (1) may be fixed by agreement, but the obligation of a receiving bank to refund payment as stated in subsection (1) may not otherwise be varied by agreement.
History.—s. 1, ch. 91-70; s. 24, ch. 2007-134.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212) › 670.205 - Erroneous payment orders.

670.205 Erroneous payment orders.—
(1) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order erroneously instructed payment to a beneficiary not intended by the sender, erroneously instructed payment in an amount greater than the amount intended by the sender, or was an erroneously transmitted duplicate of a payment order previously sent by the sender, the following rules apply:
(a) If the sender proves that the sender or a person acting on behalf of the sender pursuant to s. 670.206 complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in paragraphs (b) and (c).
(b) If the funds transfer is completed on the basis of a payment order that erroneously instructed payment to a beneficiary not intended by the sender or that was an erroneously transmitted duplicate of a payment order previously sent by the sender, the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.
(c) If the funds transfer is completed on the basis of a payment order that erroneously instructed payment in an amount greater than the amount intended by the sender, the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution.
(2) If the sender of an erroneous payment order described in subsection (1) is not obliged to pay all or part of the order, and the sender receives notification from the receiving bank that the order was accepted by the bank or that the sender’s account was debited with respect to the order, the sender has a duty to exercise ordinary care, on the basis of information available to the sender, to discover the error with respect to the order and to advise the bank of the relevant facts within a reasonable time, not exceeding 90 days, after the bank’s notification was received by the sender. If the bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss the bank proves it incurred as a result of the failure, but the liability of the sender may not exceed the amount of the sender’s order.
(3) This section applies to amendments to payment orders to the same extent it applies to payment orders.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212) › 670.206 - Transmission of payment order through funds-transfer system or other communication system.

670.206 Transmission of payment order through funds-transfer system or other communication system.—
(1) If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. If there is a discrepancy between the terms of the payment order transmitted to the system and the terms of the payment order transmitted by the system to the bank, the terms of the payment order of the sender are those transmitted by the system. This section does not apply to a funds-transfer system of the Federal Reserve banks.
(2) This section applies to cancellations and amendments of payment orders to the same extent it applies to payment orders.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212) › 670.208 - Misdescription of intermediary bank or beneficiary’s bank.

670.208 Misdescription of intermediary bank or beneficiary’s bank.—
(1) This subsection applies to a payment order identifying an intermediary bank or the beneficiary’s bank only by an identifying number.
(a) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiary’s bank and need not determine whether the number identifies a bank.
(b) The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.
(2) This subsection applies to a payment order identifying an intermediary bank or the beneficiary’s bank both by name and an identifying number if the name and number identify different persons.
(a) If the sender is a bank, the receiving bank may rely on the number as the proper identification of the intermediary or beneficiary’s bank if the receiving bank, when it executes the sender’s order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person or whether the number refers to a bank. The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.
(b) If the sender is not a bank and the receiving bank proves that the sender, before the payment order was accepted, had notice that the receiving bank might rely on the number as the proper identification of the intermediary or beneficiary’s bank even if it identifies a person different from the bank identified by name, the rights and obligations of the sender and the receiving bank are governed by paragraph (a), as though the sender were a bank. Proof of notice may be made by any admissible evidence. The receiving bank satisfies the burden of proof if it proves that the sender, before the payment order was accepted, signed a writing stating the information to which the notice relates.
(c) Regardless of whether the sender is a bank, the receiving bank may rely on the name as the proper identification of the intermediary or beneficiary’s bank if the receiving bank, at the time it executes the sender’s order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person.
(d) If the receiving bank knows that the name and number identify different persons, reliance on either the name or the number in executing the sender’s payment order is a breach of the obligation stated in s. 670.302(1)(a).
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212) › 670.209 - Acceptance of payment order.

670.209 Acceptance of payment order.—
(1) Subject to subsection (4), a receiving bank other than the beneficiary’s bank accepts a payment order when it executes the order.
(2) Subject to subsections (3) and (4), a beneficiary’s bank accepts a payment order at the earliest of the following times:
(a) When the bank pays the beneficiary as stated in s. 670.405(1) or (2), or notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the order;
(b) When the bank receives payment of the entire amount of the sender’s order pursuant to s. 670.403(1)(a) or (b); or
(c) The opening of the next funds-transfer business day of the bank following the payment date of the order if, at that time, the amount of the sender’s order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender, unless the order was rejected before that time or is rejected within 1 hour after that time, or 1 hour after the opening of the next business day of the sender following the payment date if that time is later. If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly.
(3) Acceptance of a payment order cannot occur before the order is received by the receiving bank. Acceptance does not occur under paragraph (2)(b) or paragraph (2)(c) if the beneficiary of the payment order does not have an account with the receiving bank, the account has been closed, or the receiving bank is not permitted by law to receive credits for the beneficiary’s account.
(4) A payment order issued to the originator’s bank cannot be accepted until the payment date if the bank is the beneficiary’s bank, or the execution date if the bank is not the beneficiary’s bank. If the originator’s bank executes the originator’s payment order before the execution date or pays the beneficiary of the originator’s payment order before the payment date and the payment order is subsequently canceled pursuant to s. 670.211(2), the bank may recover from the beneficiary any payment received to the extent allowed by the law governing mistake and restitution.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212) › 670.21 - Rejection of payment order.

670.21 Rejection of payment order.—
(1) A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally, electronically, or in writing. A notice of rejection need not use any particular words and is sufficient if it indicates that the receiving bank is rejecting the order or will not execute or pay the order. Rejection is effective when the notice is given if transmission is by a means that is reasonable in the circumstances. If notice of rejection is given by a means that is not reasonable, rejection is effective when the notice is received. If an agreement of the sender and receiving bank establishes the means to be used to reject a payment order:
(a) Any means complying with the agreement is reasonable; and
(b) Any means not complying is not reasonable unless no significant delay in receipt of the notice resulted from the use of the noncomplying means.
(2) This subsection applies if a receiving bank other than the beneficiary’s bank fails to execute a payment order despite the existence on the execution date of a withdrawable credit balance in an authorized account of the sender sufficient to cover the order. If the sender does not receive notice of rejection of the order on the execution date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the execution date to the earlier of the day the order is canceled pursuant to s. 670.211(4) or the day the sender receives notice or learns that the order was not executed, counting the final day of the period as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest is reduced accordingly.
(3) If a receiving bank suspends payments, all unaccepted payment orders issued to it are deemed rejected at the time the bank suspends payments.
(4) Acceptance of a payment order precludes a later rejection of the order. Rejection of a payment order precludes a later acceptance of the order.
History.—s. 1, ch. 91-70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 670 - Uniform Commercial Code: Funds Transfers › Part II - Issue and Acceptance of Payment Order (Ss. 670.201-670.212) › 670.212 - Liability and duty of receiving bank regarding unaccepted payment order.

670.212 Liability and duty of receiving bank regarding unaccepted payment order.—If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this chapter, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or refrain from taking action, with respect to the order except as provided in this chapter or by express agreement. Liability based on acceptance arises only when acceptance occurs as stated in s. 670.209, and liability is limited to that provided in this chapter. A receiving bank is not the agent of the sender or beneficiary of the payment order it accepts, or of any other party to the funds transfer, and the bank owes no duty to any party to the funds transfer except as provided in this chapter or by express agreement.
History.—s. 1, ch. 91-70.