Florida Statute 680.407 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 680
UNIFORM COMMERCIAL CODE: LEASES

View Entire Chapter

680.407 Irrevocable promises: finance leases.—

(1) In the case of a finance lease that is not a consumer lease, the lessee’s promises under the lease contract become irrevocable and independent upon the lessee’s acceptance of the goods.

(2) A promise that has become irrevocable and independent under subsection (1):

(a) Is effective and enforceable between the parties, and by or against third parties including assignees of the parties.

(b) Is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs.

(3) This section shall not affect the validity under any other law of a covenant in any lease contract making the lessee’s promises irrevocable and independent upon the lessee’s acceptance of the goods.

History.—s. 1, ch. 90-278.

F.S. 680.407 on Google Scholar

F.S. 680.407 on CourtListener

Amendments to 680.407

Annotations, Discussions, Cases:

Cases Citing Statute 680.407

Total Results: 2 | Sort by: Relevance | Newest First

Copy

Leasetec Corp. v. Orient Sys., Inc., 85 F. Supp. 2d 1310 (S.D. Fla. 1999).

Cited 5 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 21586, 1999 WL 1448211

...This provision is predicated on the fact that, as occurred here. Leasetec's only role in this transaction was to provide lease financing to the Lessee Defendants without responsibility for any aspect of the computer system, made clear by the warranty disclaimers discussed above. Fla. Stat. § 680.407 codifies the enforceability of "hell or high water" clauses....

Copy

DLL v. Cricket's Termite Control, 942 So. 2d 1001 (Fla. 5th DCA 2006).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 3452574

...Similarly, a finance lessee cannot refuse to pay a lessor an agreed payment. 3 William D. Hawkland, Hawkland UCC Series, § 2A-209:01 (Frederick K. Miller, ed. 2006). Further, both Florida and Oregon have extended the benefits of the classic "hell-or-high-water" clause [4] to finance leases pursuant to section 680.407, Florida Statutes, and section 72A.4070, Oregon Revised Statutes (2003)....

...This provision of the Uniform Commercial Code makes covenants in a finance lease irrevocable and independent, due to the function of the finance lessor in a three-party relationship. Upon the lessee's acceptance of the goods, the lessee's promises to the lessor under the lease contract become irrevocable and independent. See § 680.407, Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.