Florida Statute 680.1081 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 680
UNIFORM COMMERCIAL CODE: LEASES

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F.S. 680.1081

680.1081 Unconscionability.—

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

(2) Before making a finding of unconscionability under subsection (1) the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof.

History.—s. 1, ch. 90-278.

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Amendments to 680.1081

Annotations, Discussions, Cases:

Cases Citing Statute 680.1081

Total Results: 2

O'Neill v. The Home Depot U.S.A., Inc.

243 F.R.D. 469, 68 Fed. R. Serv. 3d 326, 2006 U.S. Dist. LEXIS 96394

District Court, S.D. Florida | Filed: Dec 27, 2006 | Docket: 66030917

Cited 9 times | Published

violation of the Uniform Commercial Code, Fla. Stat. § 680.1081, because Home Depot’s practices are unconscionable

Quick Cash v. STATE, DEPT. OF AGRICULTURE

605 So. 2d 898, 1992 WL 206432

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 1702236

Cited 1 times | Published

for damages under various theories. See, e.g., § 680.1081, Fla. Stat. (1991) (court may limit application