The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

View Entire Chapter

F.S. 83.45

83.45 Unconscionable rental agreement or provision.—

(1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.

(2) When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making the determination.

History.—s. 2, ch. 73-330.

F.S. 83.45 on Google Scholar

F.S. 83.45 on Casetext

Amendments to 83.45

Arrestable Offenses / Crimes under Fla. Stat. 83.45

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.45.

Annotations, Discussions, Cases:

Cases from cite.case.law:

JACOBI CARBONS AB, Co. Co. Co. Co. Go Co. v. UNITED STATES,, 619 F. App'x 992 (Fed. Cir. 2015)

. . . $32.99/MT 2nd $66.256/MT (coconut shell charcoal); $435.62/MT (coal-based carbonized material) 3rd $83.45 . . . $32.99/MT ■ 2nd 66.256/MT (coconut shell charcoal); $435.62/MT (coal-based carbonized material) 3rd $83.45 . . . and nearly fifteen times higher than the surrogate value calculated for the third period of review ($83.45 . . .

E. EVANS H. v. STERLING CHEMICALS, INCORPORATED,, 660 F.3d 862 (5th Cir. 2011)

. . . three lead Plaintiffs' original monthly premiums under the Sterling Plan were $67.50, $14.73, and $83.45 . . .

E. EVANS H. v. STERLING CHEMICALS, INCORPORATED,, 660 F.3d 862 (5th Cir. 2011)

. . . three lead Plaintiffs' original monthly premiums under the Sterling Plan were $67.50, $14.73, and $83.45 . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, D. C. v. FEDERAL LABOR RELATIONS AUTHORITY,, 977 F.2d 1493 (D.C. Cir. 1992)

. . . increased from $30.18 to $38.97 bi-weekly, and the "family-plan” premiums were to be increased from $83.45 . . .

IMBIMBO v. VOLUSIA REALTY ASSOCIATES, INC., 20 Fla. Supp. 2d 100 (Volusia Cty. Ct. 1986)

. . . This Court will not enforce this provision under Section 83.45, Florida Statutes. . . .

LOCKAMY v. BYRNE, 474 So. 2d 372 (Fla. Dist. Ct. App. 1985)

. . . Section 83.45(1) provides: If the court as a matter of law finds a rental agreement or any provision . . .

In SCHEMBERGER, W. GIWOSKY, v. SCHEMBERGER,, 49 B.R. 522 (Bankr. E.D. Wis. 1985)

. . . Because the City assessor assessed the property in 1979 at 83.45 percent and in 1980 at 75 percent of . . .

FREDRICKS, v. HOFMANN,, 45 Fla. Supp. 44 (Fla. Cir. Ct. 1976)

. . . increáses assessed by the defendants against the plaintiffs are unconscionable under F.S. 83.44 and 83.45 . . .

M. MELVIN, v. UNITED STATES, 327 F. Supp. 988 (D. Neb. 1971)

. . . The amount of damage to the plaintiff’s automobile was $83.45. 2. . . . Four Hundred Six Dollars ($406.00) for loss of wages, and the sum of Eighty-three and 45/100 Dollars ($83.45 . . .

E. H. HOLCOMB, Jr. v. CESSNA AIRCRAFT COMPANY,, 439 F.2d 1150 (5th Cir. 1971)

. . . exhaust stacks were repaired in August, 1966, and this resulted in a claim on Cessna by Holcomb of $83.45 . . .