Florida Statute 671.102 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 671
UNIFORM COMMERCIAL CODE: GENERAL PROVISIONS

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F.S. 671.102

671.102 Purposes; rules of construction; variation by agreement.—

(1) This code shall be liberally construed and applied to promote its underlying purposes and policies, which are:

(a) To simplify, clarify, and modernize the law governing commercial transactions.

(b) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties.

(2)(a) Except as otherwise provided in this code, the effect of provisions of this code may be varied by agreement.

(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this code may not be disclaimed by agreement, but the parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable. Whenever this code requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.

(c) The presence in certain provisions of this code of the words “unless otherwise agreed” or words of similar import does not imply that the effect of other provisions may not be varied by agreement under this subsection.

(3) In this code, unless the context otherwise requires:

(a) Words in the singular include the plural, and words in the plural include the singular.

(b) Words of either gender also refer to the other gender.

History.—s. 1, ch. 65-254; s. 551, ch. 97-102; s. 5, ch. 2007-134.

Note.—s. 1-102, U.C.C.; supersedes ss. 678.53, 614.31.

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Amendments to 671.102

Annotations, Discussions, Cases:

Cases Citing Statute 671.102

Total Results: 24

Cox v. CSX Intermodal, Inc.

732 So. 2d 1092, 1999 WL 9764

District Court of Appeal of Florida | Filed: Jan 13, 1999 | Docket: 1513344

Cited 97 times | Published

waived by either party to the agreement."); and section 671.102(3), Florida Statutes (1997)("[T]he obligations

Sepe v. City of Safety Harbor

761 So. 2d 1182, 2000 WL 826258

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 2448485

Cited 22 times | Published

such standards are not manifestly unreasonable." § 671.102(3). The parties' expectations as to a responsibility

Transamerica Ins. Co. v. Barnett Bank of Marion County, NA

540 So. 2d 113, 7 U.C.C. Rep. Serv. 2d (West) 1356, 14 Fla. L. Weekly 107, 1989 Fla. LEXIS 170, 1989 WL 23390

Supreme Court of Florida | Filed: Mar 16, 1989 | Docket: 1688945

Cited 21 times | Published

surety, up to the limits of its performance. Section 671.102 provides that the code will be liberally construed

Sellers v. Frank Griffin AMC Jeep, Inc.

526 So. 2d 147, 1988 WL 50148

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 2180729

Cited 21 times | Published

must be read in light of the requirements in section 671.102(1) that the code be "liberally construed and

Taylor v. American Honda Motor Co., Inc.

555 F. Supp. 59

District Court, M.D. Florida | Filed: Jan 17, 1983 | Docket: 1018683

Cited 18 times | Published

make uniform the law of commercial transactions. § 671.102(2). In this case, since the only remaining party

International Harvest. Cr. v. American Nat. Bk.

296 So. 2d 32, 85 A.L.R. 3d 1015

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1228820

Cited 14 times | Published

own interpretation. Section 1-102 [Fla. Stat. § 671.102, F.S.A.] provides: (1) This Act shall be liberally

Jackson Vitrified v. People's Am.

388 So. 2d 1059, 30 U.C.C. Rep. Serv. (West) 281

District Court of Appeal of Florida | Filed: Sep 16, 1980 | Docket: 1520867

Cited 11 times | Published

simplification of commercial practice and remedy. § 671.102(2)(a), Fla. Stat. (1975), UCC § 1-102(2)(a) (1962)

Dunn v. Stack

418 So. 2d 345, 34 U.C.C. Rep. Serv. (West) 1623

District Court of Appeal of Florida | Filed: Aug 5, 1982 | Docket: 1289284

Cited 10 times | Published

[commercial] law among the various jurisdictions." § 671.102(2)(c), Fla. Stat. (1965). [10] Wise v. Quina

Topical Jewelers, Inc. v. Nationsbank, Na

781 So. 2d 392, 26 Fla. L. Weekly Fed. D 80

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 1718869

Cited 9 times | Published

uniform the law among the various jurisdictions." § 671.102(2)(c), Fla. Stat. (1995); see Mason v. Avdoyan

ITT Indus. Credit Co. v. Regan

487 So. 2d 1047, 11 Fla. L. Weekly 188, 1 U.C.C. Rep. Serv. 2d (West) 274, 1986 Fla. LEXIS 1978

Supreme Court of Florida | Filed: Apr 24, 1986 | Docket: 1797441

Cited 7 times | Published

commercial transactions among the states. See § 671.102, Fla. Stat. (1985). No other state or federal

Bank of New York v. Olympia & York Florida Equity Corp. (In Re Holywell Corp.)

51 B.R. 56, 13 Collier Bankr. Cas. 2d 446, 41 U.C.C. Rep. Serv. (West) 997, 1985 Bankr. LEXIS 5879, 13 Bankr. Ct. Dec. (CRR) 446

United States Bankruptcy Court, S.D. Florida. | Filed: Jun 24, 1985 | Docket: 1468822

Cited 7 times | Published

deceived in anyway. UCC § 1-102(1), Fla.Stat. § 671.102(1), requires that: "This code shall be liberally

Serna v. Milanese, Inc.

643 So. 2d 36, 24 U.C.C. Rep. Serv. 2d (West) 980, 1994 Fla. App. LEXIS 9017, 1994 WL 511207

District Court of Appeal of Florida | Filed: Sep 21, 1994 | Docket: 1493131

Cited 6 times | Published

absent evidence of an agreement to the contrary. § 671.102(3), Fla. Stat. (1993). On the other hand, under

Weitzner v. Goldman (In Re Kavolchyck)

154 B.R. 793, 1993 Bankr. LEXIS 733

United States Bankruptcy Court, S.D. Florida. | Filed: May 11, 1993 | Docket: 1440838

Cited 6 times | Published

law among the various jurisdictions. . . . Fla.Stat. 671.102 (UCC § 1-102). The Florida Supreme Court has

Florida Dept. of Corrections v. BLOUNT, ETC.

411 So. 2d 930, 33 U.C.C. Rep. Serv. (West) 912, 1982 Fla. App. LEXIS 19512

District Court of Appeal of Florida | Filed: Mar 18, 1982 | Docket: 1697026

Cited 6 times | Published

promote its underlying purposes and policies." § 671.102(1) Fla. Stat. By Blount's argument, for example

SCADIF, S.A. v. First Union National Bank

208 F. Supp. 2d 1352, 48 U.C.C. Rep. Serv. 2d (West) 232, 2002 U.S. Dist. LEXIS 12962, 2002 WL 1473458

District Court, S.D. Florida | Filed: Jul 5, 2002 | Docket: 2449794

Cited 5 times | Published

policies underlying the Uniform Commercial Code. Section 671.102 instructs courts to liberally construe and

Guritz v. American Motivate, Inc.

386 So. 2d 60

District Court of Appeal of Florida | Filed: Jul 25, 1980 | Docket: 1518344

Cited 5 times | Published

other party had fully performed pursuant to Section 671.102, Florida Statutes. ..... 8. Defendant, American

Lewis State Bank v. Advance Mortg. Corp.

362 So. 2d 406, 25 U.C.C. Rep. Serv. (West) 245, 1978 Fla. App. LEXIS 17204

District Court of Appeal of Florida | Filed: Aug 24, 1978 | Docket: 1363664

Cited 4 times | Published

commercial practices through ... agreement." Section 671.102(2)(b). It is true that Warrington did not expressly

First Union Nat. Bank v. First Fla. Bank, NA

616 So. 2d 1168, 20 U.C.C. Rep. Serv. 2d (West) 1017, 1993 Fla. App. LEXIS 4230, 1993 WL 114778

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 1726729

Cited 3 times | Published

to the presenting or last collecting bank. See § 671.102, Fla. Stat. (1985). In light of the substantial

Suburbia Fed. S. & L. Ass'n v. Bel-Air Conditioning

385 So. 2d 1151, 29 U.C.C. Rep. Serv. (West) 1411

District Court of Appeal of Florida | Filed: Jul 9, 1980 | Docket: 1337992

Cited 3 times | Published

policy of Chapter 679. The Legislature in Section 671.102, Florida Statutes (1979), stated: This code

Hurd v. Munford, Inc.

378 So. 2d 86, 28 U.C.C. Rep. Serv. (West) 63

District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 1795884

Cited 3 times | Published

promote its underlying purposes and policies. Section 671.102(1) and (2). A rule which places liability upon

Attorney's Title Insurance Fund, Inc. v. Regions Bank

491 F. Supp. 2d 1087, 62 U.C.C. Rep. Serv. 2d (West) 886, 2007 U.S. Dist. LEXIS 43358, 2007 WL 1628803

District Court, S.D. Florida | Filed: Apr 11, 2007 | Docket: 2390857

Cited 2 times | Published

2d 392, (Fla. 3d DCA 2000) (quoting Fla. Stat. § 671.102(2)(c) and citing Mason v. Avdoyan, 299 So.2d 603

Ladex Corp. v. Transportes Aereos Nacionales

476 So. 2d 763, 10 Fla. L. Weekly 2353

District Court of Appeal of Florida | Filed: Oct 15, 1985 | Docket: 1681433

Cited 2 times | Published

Stat. (1981), may be varied by agreement. See § 671-102(3), Fla. Stat. (1981). Accordingly, we find Cole's

Florida National Bank of Miami v. Havee (In re S & Z International Management, Inc.)

10 B.R. 580, 31 U.C.C. Rep. Serv. (West) 705, 1981 Bankr. LEXIS 3994, 7 Bankr. Ct. Dec. (CRR) 936

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 2, 1981 | Docket: 65777882

Cited 2 times | Published

101(2), and the rules of UCC construction of § 671.102 are not particularly helpful in interpreting this

Miller v. Economics Laboratory, Inc.

410 So. 2d 642, 33 U.C.C. Rep. Serv. (West) 665, 1982 Fla. App. LEXIS 19387

District Court of Appeal of Florida | Filed: Mar 8, 1982 | Docket: 64588287

Cited 1 times | Published

to cover prior charges. Florida Statutes, Section 671.-102(3); White and Summers, Uniform Commercial