Fla. Stat. § 677.101
Short title
Chapter 677 shall be known and may be cited as the “Uniform Commercial Code—Documents of Title.”
Florida Statutes Chapter 677 — UNIFORM COMMERCIAL CODE: DOCUMENTS OF TITLE
Florida · statute · Fla. Stat. ch. 677 · 42 active provisions
Provisions
Fla. Stat. § 677.102
Definitions and index of definitions
(1) In this chapter, unless the context otherwise requires:(a) “Bailee” means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them.(b) “Carrier” means a person that issues a bill of lading.(c) “Consignee” means a person named in…
Fla. Stat. § 677.103
Relation of chapter to treaty, statute, classification, or regulation
(1) Except as otherwise provided in this chapter, this chapter is subject to any treaty or statute of the United States to the extent the treaty or statute is applicable.(2) This chapter does not modify or repeal any law prescribing the form or content of a document of title or the services or facilities to be afforded…
Fla. Stat. § 677.104
Negotiable and nonnegotiable document of title
(1) Except as otherwise provided in subsection (3), a document of title is negotiable if by its terms the goods are to be delivered to bearer or to the order of a named person.(2) A document of title other than one described in subsection (1) is nonnegotiable. A bill of lading that states that the goods are consigned t…
Fla. Stat. § 677.105
Reissuance in alternative medium
(1) Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of title as a substitute for the electronic document if:(a) The person entitled under the electronic document surrenders control of the document to the issuer; and(b) The tang…
Fla. Stat. § 677.106
Control of electronic document of title
(1) A person has control of an electronic document of title if a system employed for evidencing the transfer of interests in the electronic document reliably establishes that person as the person to which the electronic document was issued or transferred.(2) A system satisfies subsection (1), and a person has control o…
Fla. Stat. § 677.201
Persons that may issue a warehouse receipt; storage under bond
(1) A warehouse receipt may be issued by any warehouse.(2) If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt issued for the goods is deemed to be a wa…
Fla. Stat. § 677.202
Form of warehouse receipt; effect of omission
(1) A warehouse receipt need not be in any particular form.(2) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission:(a) A statement of the location of the warehouse facility where the goods are stored;(b) The date of issue of the r…
Fla. Stat. § 677.203
Liability of nonreceipt or misdescription
A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:(1) The document conspicuously indicat…
Fla. Stat. § 677.204
Duty of care; contractual limitation of warehouse’s liability
(1) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the e…
Fla. Stat. § 677.205
Title under warehouse receipt defeated in certain cases
A buyer in ordinary course of business of fungible goods sold and delivered by a warehouse that is also in the business of buying and selling such goods takes the goods free of any claim under a warehouse receipt even if the receipt is negotiable and has been duly negotiated.
Fla. Stat. § 677.206
Termination of storage at warehouse’s option
(1) A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the document of title or by a nonnegotiabl…
Fla. Stat. § 677.207
Goods shall be kept separate; fungible goods
(1) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, different lots of fungible goods may be commingled.(2) If different lots of fungible goods are commingled, the goods ar…
Fla. Stat. § 677.208
Altered warehouse receipts
If a blank in a negotiable warehouse receipt has been filled in without authority, a good faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse receipt enforceable against the issuer acco…
Fla. Stat. § 677.209
Lien of warehouse
(1) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods…
Fla. Stat. § 677.210
Enforcement of warehouse’s lien
(1) Except as provided in subsection (2), a warehouse’s lien may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification shall include a state…
Fla. Stat. § 677.301
Liability for nonreceipt or misdescription; “said to contain”; “shipper’s weight, load, and count”; improper handling
(1) A consignee of a nonnegotiable bill of lading which has given value in good faith, or a holder to which a negotiable bill has been duly negotiated, relying upon the description of the goods in the bill or upon the date shown in the bill, may recover from the issuer damages caused by the misdating of the bill or the…
Fla. Stat. § 677.302
Through bills of lading and similar documents of title
(1) The issuer of a through bill of lading, or other document of title embodying an undertaking to be performed in part by a person acting as its agent or by a performing carrier, is liable to any person entitled to recover on the bill or other document for any breach by the other person or the performing carrier of it…
Fla. Stat. § 677.303
Diversion; reconsignment; change of instructions
(1) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from:(a) The holder of a negotiable bill;(b) The consignor on a nonnegotiable bill, ev…
Fla. Stat. § 677.304
Tangible bills of lading in a set
(1) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection.(2) If a tangible bill of lading is lawfully issued in a set of parts, each of which contains an identification code and is expr…
Fla. Stat. § 677.305
Destination bills
(1) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request.(2) Upon request of any person entitled as against the carrier to control the goods while in tra…
Fla. Stat. § 677.306
Altered bills of lading
An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor.
Fla. Stat. § 677.307
Lien of carrier
(1) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier’s receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for preservation of the goods incident to th…
Fla. Stat. § 677.308
Enforcement of carrier’s lien
(1) A carrier’s lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification shall include a statement of the amount due, the nat…
Fla. Stat. § 677.309
Duty of care; contractual limitation of carrier’s liability
(1) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation, or rule of law that imposes liability upon a…
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