The 2023 Florida Statutes (including 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.

F.S. 680.1081 on Google Scholar

F.S. 680.1081 on Casetext

Amendments to 680.1081

Arrestable Offenses / Crimes under Fla. Stat. 680.1081

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 680.1081.

Annotations, Discussions, Cases:

Cases from cite.case.law:

O NEILL a k a V. O a v. THE HOME DEPOT U. S. A. INC. a, 243 F.R.D. 469 (S.D. Fla. 2006)

. . . . § 680.1081, because Home Depot’s practices are unconscionable. B. . . . Home Depot’s Damage Waiver provision in its Rental Agreements is unconscionable under Florida Statute 680.1081 . . .

QUICK CASH OF CLEARWATER, INC. a v. STATE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF CONSUMER SERVICES, STATE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF CONSUMER SERVICES, v. QUICK CASH OF TAMPA INC. a a a, 605 So. 2d 898 (Fla. Dist. Ct. App. 1992)

. . . See, e.g., § 680.1081, Fla.Stat. (1991) (court may limit application of an unconscionable lease). . . .