Florida Statute 83.45 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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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 Citing Statute 83.45

Total Results: 10

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-05-18

Snippet: corporations for the provision of health care facilities), 83-45 (1983) (Division of Workers' Compensation's expenditure

State v. In the Interest of T.P.

Court: District Court of Appeal of Florida | Date Filed: 1991-10-29

Citation: 588 So. 2d 286, 1991 Fla. App. LEXIS 10789, 1991 WL 217859

Snippet: Brignoni-Ponce, 422 U.S. 873, 884-87, 95 S.Ct. 2574, 2582-83, 45 L.Ed.2d 607, 618-20 (1975); Hall v. Pennsylvania

Shafer & Miller, Inc. v. Moore

Court: District Court of Appeal of Florida | Date Filed: 1986-12-08

Citation: 499 So. 2d 871, 11 Fla. L. Weekly 2571

Snippet: amended, effective October 1, 1983. 1983 Fla.Laws 83-45. However, those amendments in context do not reflect

Lockamy v. Byrne

Court: District Court of Appeal of Florida | Date Filed: 1985-08-13

Citation: 474 So. 2d 372, 10 Fla. L. Weekly 1960, 1985 Fla. App. LEXIS 15494

Snippet: us should not be enforced by the courts. Section 83.45(1) provides: If the court as a matter of law finds

Smith v. Walt Disney World Co.

Court: District Court of Appeal of Florida | Date Filed: 1985-06-25

Citation: 471 So. 2d 637, 10 Fla. L. Weekly 1564, 1985 Fla. App. LEXIS 14797

Snippet: was substantially amended in 1983. See s. 1, ch. 83-45; s. 1, 83-303; s. 4, ch. 83-305, Laws of Florida

Morgan v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-03-13

Citation: 464 So. 2d 1306, 10 Fla. L. Weekly 658, 1985 Fla. App. LEXIS 12943

Snippet: BARKETT, Judge. This appeal results from prosecu-torial misconduct during closing argument which appellant suggests warrants reversal of his conviction for second degree murder and aggravated battery. Both parties agree that this issue must be reviewed under the fundamental error standard in view of defense counsel’s failure to object at trial. See Clark v. State, 363 So.2d 331, 333 (Fla.1978). The State does not contest the impropriety of the challenged remarks by the assistant state attorney.

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-08-14

Citation: 453 So. 2d 1192

Snippet: Appellant, v. The STATE of Florida, Appellee. No. 83-45. District Court of Appeal of Florida, Third District

Kelly v. Sturgis

Court: District Court of Appeal of Florida | Date Filed: 1984-08-09

Citation: 453 So. 2d 1179

Snippet: E. STURGIS, Circuit Court Judge, Appellee. No. 83-45. District Court of Appeal of Florida, Fifth District

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-01-19

Snippet: 246 So.2d 737, 741 (Fla. 1971). Compare, AGO's 83-45 (concluding that s 10, Art. VII did not prohibit

Ago

Court: Florida Attorney General Reports | Date Filed: 1982-06-18

Snippet: and83.42(83.751), 83.43(83.752), 83.44(83.753), 83.45(83.754),83.47(83.755), 83.48(83.756), 83.50(83.762)