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Florida Statute 680.1081 - Full Text and Legal Analysis Florida Statute 680.1081 | Lawyer Caselaw & Research
Fla. Stat. § 680.1081 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 680.1081

Fla. Stat. § 680.1081 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·O'Neill v. The Home Depot U.S.A., Inc., 243 F.R.D. 469 (S.D. Fla. 2006).

Cited 9 times | Published | District Court, S.D. Florida | 68 Fed. R. Serv. 3d 326, 2006 U.S. Dist. LEXIS 96394

...e waiver, which constitute a violation of the FDUTPA; damages (Count III) sustained as a result of Home Depot’s alleged violation of the FDUTPA; and damages (Count IV) for Home Depot’s alleged violation of the Uniform Commercial Code, Fla. Stat. § 680.1081 , because Home Depot’s practices are unconscionable....
...a separate page of terms and conditions which contains the Damage Waiver is an unconscionable, unfair or deceptive act or practice____ g. Whether Home Depot’s Damage Waiver provision in its Rental Agreements is unconscionable under Florida Statute 680.1081.......
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Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authorityLESLIE (2023)
phrase: "rule_authority"
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·Quick Cash v. State, Dept. of Agric., 605 So. 2d 898 (Fla. 2d DCA 1992).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 206432

...ese documents. The issue in these cases, however, is not whether this transaction is moral or immoral. We do not decide whether individual customers could sue Quick Cash to void unconscionable leases or for damages under various theories. See, e.g., § 680.1081, Fla....
0 red0 yellow1 green0 procedural
Cited as authority(citing case) (1992)
phrase: "rule_authority"
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This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.