Florida Statute 680.1081 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 680
UNIFORM COMMERCIAL CODE: LEASES

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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 | Sort by: Relevance | Newest First

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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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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....

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