Fla. Stat. § 673.6041
Discharge by cancellation or renunciation
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2025
As of January 1, 2011
(1) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument: (a) By an intentional voluntary act, such as: 1. Surrender of the instrument to the party; 2. Destruction, mutilation, or cancellation of the instrument; 3. Cancellation or striking out of the party’s signature; or 4. Addition of words to the instrument indicating discharge; or (b) By agreeing not to sue or otherwise renouncing rights against the party by a signed writing.
(1) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument: (a) By an intentional voluntary act, such as: 1. Surrender of the instrument to the party; 2. Destruction, mutilation, or cancellation of the instrument; 3. Cancellation or striking out of the party’s signature; or 4. Addition of words to the instrument indicating discharge; or (b) By agreeing not to sue or otherwise renouncing rights against the party by a signed writing.The obligation of a party to pay a check is not discharged solely by destruction of the check in connection with a process that involves the extraction of information from the check and an image of the check is made and, subsequently, the information and image are transmitted for payment.
(2) Cancellation or striking out of an indorsement pursuant to subsection (1) does not affect the status and rights of a party derived from the indorsement.
(2) Cancellation or striking out of an indorsement pursuant to subsection (1) does not affect the status and rights of a party derived from the indorsement.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.