Fla. Stat. § 680.1011
Short title
This chapter shall be known and may be cited as the “Uniform Commercial Code—Leases.”
Florida Statutes Chapter 680 — UNIFORM COMMERCIAL CODE: LEASES
Florida · statute · Fla. Stat. ch. 680 · 82 active provisions
Fla. Stat. § 680.1021
Scope
(1) This chapter applies to any transaction, regardless of form, that creates a lease and, in the case of a hybrid lease, applies to the extent provided in subsection (2).(2) In a hybrid lease, both of the following apply:(a) If the lease-of-goods aspects do not predominate:1. Only the provisions of this chapter which…
Fla. Stat. § 680.1031
Definitions and index of definitions
(1) In this chapter, unless the context otherwise requires:(a) “Buyer in ordinary course of business” means a person who in good faith and without knowledge that the sale to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods buys in ordinary cours…
Fla. Stat. § 680.1041
Leases subject to other statutes
(1) A lease, although subject to this chapter, is also subject to any applicable:(a) Certificate-of-title statute of this state: chapter 319 or chapter 328;(b) Certificate-of-title statute of another jurisdiction (s. 680.1051); or(c) Consumer protection statute of this state or final consumer protection decision of a c…
Fla. Stat. § 680.1051
Territorial application of chapter to goods covered by certificate of title
Subject to the provisions of ss. 680.304(3) and 680.305(3), with respect to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate-of-title statute are governed by the law (including the conflic…
Fla. Stat. § 680.1061
Limitation on power of parties to consumer lease to choose applicable law and judicial forum
(1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter or in which the goods are to be used or in which the lease is executed by the lessee, the choice is no…
Fla. Stat. § 680.1071
Waiver or renunciation of claim or right after default
Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a waiver or renunciation in a signed record delivered by the aggrieved party.
Fla. Stat. § 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 applicatio…
Fla. Stat. § 680.1091
Option to accelerate at will
(1) A term providing that one party or the party’s successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or “when he or she deems himself or herself insecure” or in words of similar import must be construed to mean that he or she has power to do so only if…
Fla. Stat. § 680.1095
Application of ch. 98-11
This act does not apply to any lease contract entered into before the effective date of this act unless the parties thereto specifically agree in writing that the lease contract as expanded, amended, modified, renewed, or supplemented shall be governed by applicable law as supplemented or amended by this act. Absent su…
Fla. Stat. § 680.201
Statute of frauds
(1) A lease contract is not enforceable by way of action or defense unless:(a) In a lease contract that is not a consumer lease, the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or(b) There is a record, signed by the party against whom enforce…
Fla. Stat. § 680.202
Final expression: parol or extrinsic evidence
Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous…
Fla. Stat. § 680.203
Seals inoperative
The affixing of a seal to a record evidencing a lease contract or an offer to enter into a lease contract does not render the record a sealed instrument, and the law with respect to sealed instruments does not apply to the lease contract or offer.
Fla. Stat. § 680.204
Formation in general
(1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.(2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.(3) Although one or more terms are l…
Fla. Stat. § 680.205
Firm offers
An offer by a merchant to lease goods to or from another person in a signed record that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed 3 months.…
Fla. Stat. § 680.206
Offer and acceptance in formation of lease contract
(1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.(2) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is…
Fla. Stat. § 680.207
Course of performance or practical construction
(1) If a lease contract involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection is relevant to determine the meaning of the lease agreement.(2) The…
Fla. Stat. § 680.208
Modification, rescission, and waiver
(1) An agreement modifying a lease contract needs no consideration to be binding.(2) A signed lease agreement that excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separ…
Fla. Stat. § 680.209
Lessee under finance lease as beneficiary of supply contract
(1) The benefit of the supplier’s promises to the lessor under a supply contract, and of all warranties, whether express or implied, under the supply contract, extends to the lessee to the extent of the lessee’s leasehold interest under a finance lease related to the supply contract, but subject to the terms of the sup…
Fla. Stat. § 680.21
Express warranties
(1) Express warranties by the lessor are created as follows:(a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.(b) Any description of the goo…
Fla. Stat. § 680.211
Warranties against interference and against infringement; lessee’s obligation against infringement
(1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessee’s enjoyment of its leasehold interest.(2) Except in a fina…
Fla. Stat. § 680.212
Implied warranty of merchantability
(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.(2) Goods to be merchantable must be at least such as:(a) Pass without objection in the trade under the description in the lease agreement.(b) In th…
Fla. Stat. § 680.213
Implied warranty of fitness for particular purpose
Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor’s skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the…
Fla. Stat. § 680.214
Exclusion or modification of warranties
(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of s. 680.202 on parol or extrinsic evidence, negation or limitation is inoperative to the e…
Fla. Stat. § 680.215
Cumulation and conflict of warranties express or implied
Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention, the following rules apply:(1) Exact or technical specifications displac…
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