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Florida Statutes, Title XXXIX

Florida/Statutes

← All Florida coverage

Title XXXIX, Commercial Relations

20 chapters · 893 sections in this title.

All chapters in Title XXXIX893 Ch 679, Uniform Commercial Code: Secured Tra…152 Ch 672, Uniform Commercial Code: Sales104 Ch 680, Uniform Commercial Code: Leases82 Ch 673, Uniform Commercial Code: Negotiable …69 Ch 678, Uniform Commercial Code: Investment …53 Ch 684, International Commercial Arbitration49 Ch 683, Legal Holidays; Special Observances45 Ch 677, Uniform Commercial Code: Documents o…42 Ch 674, Uniform Commercial Code: Bank Deposi…41 Ch 670, Uniform Commercial Code: Funds Transfers39 Ch 686, Sales, Distribution, and Franchise R…36 Ch 682, Arbitration Code31 Ch 671, Uniform Commercial Code: General Pro…28 Ch 668, Electronic Commerce27

893 sections·Filtered byTitle XXXIX✕

Fla. Stat. § 680.1091 Option to accelerate at will
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(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 th…
Fla. Stat. § 680.1095 Application of ch. 98-11
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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 supple…
Fla. Stat. § 680.201 Statute of frauds
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(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, …
Fla. Stat. § 680.202 Final expression: parol or extrinsic evidence
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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 …

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Fla. Stat. § 680.203 Seals inoperative

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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.History.—s. 1, ch. 90-278; s. 128…

Fla. Stat. § 680.204 Formation in general

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(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 undetermi…

Fla. Stat. § 680.205 Firm offers

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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 p…

Fla. Stat. § 680.206 Offer and acceptance in formation of lease contract

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(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 reasonabl…

Fla. Stat. § 680.207 Course of performance or practical construction

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(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…

Fla. Stat. § 680.208 Modification, rescission, and waiver

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(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 f…

Fla. Stat. § 680.209 Lessee under finance lease as beneficiary of supply contract

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(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 contr…

Fla. Stat. § 680.21 Express warranties

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(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 o…

Fla. Stat. § 680.211 Warranties against interference and against infringement; lessee’s obligation against infringement

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(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…

Fla. Stat. § 680.212 Implied warranty of merchantability

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(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 desc…

Fla. Stat. § 680.213 Implied warranty of fitness for particular purpose

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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 leas…

Fla. Stat. § 680.214 Exclusion or modification of warranties

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(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, negati…

Fla. Stat. § 680.215 Cumulation and conflict of warranties express or implied

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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) E…

Fla. Stat. § 680.216 Third-party beneficiaries of express and implied warranties

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A warranty to or for the benefit of a lessee under this chapter, whether express or implied, extends to any natural person who is in the family or household of the lessee or who is a guest in the lessee’s home if it is reasonable to expect that such person may use, consume, or be…

Fla. Stat. § 680.217 Identification

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Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:(1) When the lease contract is made if the lease contract is for a lease of…

Fla. Stat. § 680.218 Insurance and proceeds

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(1) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them.(2) If a lessee has an insurable interest only by reason of the lessor’s identificati…

Fla. Stat. § 680.219 Risk of loss

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(1) Except in the case of a finance lease, the risk of loss is retained by the lessor and does not pass to the lessee, unless the loss resulted from the lessee’s negligence. In the case of a finance lease, the risk of loss passes to the lessee.(2) Subject to the provisions of thi…

Fla. Stat. § 680.22 Effect of default on risk of loss

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(1) When risk of loss is to pass to the lessee and the time of passage is not stated:(a) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease,…

Fla. Stat. § 680.221 Casualty to identified goods

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If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor, or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agree…

Fla. Stat. § 680.301 Enforceability of lease contract

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Except as otherwise provided in this chapter, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods, and against creditors of the parties.History.—s. 1, ch. 90-278.

Fla. Stat. § 680.302 Title to and possession of goods

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Except as otherwise provided in this chapter, each provision of this chapter applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that posse…

Fla. Stat. § 680.303 Alienability of party’s interest under lease contract or of lessor’s residual interest in goods; delegation of performance; transfer of rights

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(1) As used in this section, “creation of a security interest” includes the sale of a lease contract that is subject to chapter 679 by reason of s. 679.1091(1)(c).(2) Except as provided in subsection (3) and s. 679.4071, a provision in a lease agreement which:(a) Prohibits the vo…

Fla. Stat. § 680.304 Subsequent lease of goods by lessor

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(1) Subject to s. 680.303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer and, except as provided in subsect…

Fla. Stat. § 680.305 Sale or sublease of goods by lessee

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(1) Subject to the provisions of s. 680.303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer and, except as provided…

Fla. Stat. § 680.306 Priority of certain liens arising by operation of law

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If a person in the ordinary course of his or her business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority ove…

Fla. Stat. § 680.307 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods

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(1) Except as otherwise provided in s. 680.306, a creditor of a lessee takes subject to the lease contract.(2) Except as otherwise provided in subsection (3) and in ss. 680.306 and 680.308, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lie…

Fla. Stat. § 680.308 Special rights of creditors

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(1) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent or voids the lease contract under any statute or rule of law, but retention of possess…

Fla. Stat. § 680.309 Lessor’s and lessee’s rights when goods become fixtures

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(1) In this section:(a) Goods are “fixtures” when they become so related to particular real estate that an interest in them arises under real estate law.(b) A “fixture filing” is the filing, in the office where a mortgage on the real estate would be filed or recorded, of a financ…

Fla. Stat. § 680.31 Lessor’s and lessee’s rights when goods become accessions

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(1) Goods are “accessions” when they are installed in or affixed to other goods.(2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4).(3) The int…

Fla. Stat. § 680.32 Priority subject to subordination

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Nothing in this chapter prevents subordination by agreement by any person entitled to priority.History.—s. 32, ch. 98-11.

Fla. Stat. § 680.401 Insecurity: adequate assurance of performance

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(1) A lease contract imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired.(2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequat…

Fla. Stat. § 680.402 Anticipatory repudiation

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If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:(1) For a commercially reasonable time, aw…

Fla. Stat. § 680.403 Retraction of anticipatory repudiation

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(1) Until the repudiating party’s next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has canceled the lease contract or materially changed the aggrieved party’s position or otherwise indicated that the agg…

Fla. Stat. § 680.404 Substituted performance

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(1) If, without fault of the lessee, the lessor, and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reason…

Fla. Stat. § 680.405 Excused performance

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Subject to s. 680.404 on substituted performance, the following rules apply:(1) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with subsections (2) and (3) is not a default under the lease contract if performance as agreed has been mad…

Fla. Stat. § 680.406 Procedure on excused performance

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(1) If the lessee receives notification of a material or indefinite delay or an allocation justified under s. 680.405, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the va…

Fla. Stat. § 680.407 Irrevocable promises: finance leases

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(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 effec…

Fla. Stat. § 680.501 Default: procedure

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(1) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this chapter.(2) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this chapte…

Fla. Stat. § 680.502 Notice after default

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Except as otherwise provided in this chapter or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement.History.—s. 1, ch. 90-278.

Fla. Stat. § 680.503 Modification or impairment of rights and remedies

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(1) Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter.(2) Resort to a reme…

Fla. Stat. § 680.504 Liquidation of damages

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(1) Damages payable by either party for default or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor’s residual interest, may be liquidated in the lease agreement but only at an amount or by a formula tha…

Fla. Stat. § 680.505 Cancellation and termination; effect of cancellation, termination, rescission, or fraud on rights and remedies

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(1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the canceling party also retains any remedy for default of the whole lease contract or any unperform…

Fla. Stat. § 680.506 Statute of limitation

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(1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within the time prescribed in chapter 95. Notwithstanding the provisions of s. 95.03, in a lease contract that is not a consumer lease, by the original lease contract th…

Fla. Stat. § 680.507 Proof of market rent; time and place

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(1) Damages based on market rent (s. 680.519 or s. 680.528) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in s. 680.519 or s. 680…

Fla. Stat. § 680.508 Lessee’s remedies

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(1) If a lessor fails to deliver the goods in conformity to the lease contract (s. 680.509) or repudiates the lease contract (s. 680.402), or a lessee rightfully rejects the goods (s. 680.509) or justifiably revokes acceptance of the goods (s. 680.517), then with respect to any g…

Fla. Stat. § 680.509 Lessee’s rights on improper delivery; rightful rejection

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(1) Subject to the provisions of s. 680.51 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest …