reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VII - Transition (Ss. 679.701-679.709) › 679.702 - Savings clause.

679.702 Savings clause.—
(1) Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act takes effect.
(2) Except as otherwise provided in subsection (3) and ss. 679.703-679.709:
(a) Transactions and liens that were not governed by chapter 679, Florida Statutes 2000, were validly entered into or created before this act takes effect, and would be subject to this act if they had been entered into or created after this act takes effect, and the rights, duties, and interests flowing from those transactions and liens remain valid after this act takes effect; and
(b) The transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this act or by the law that otherwise would apply if this act had not taken effect.
(3) This act does not affect an action, case, or proceeding commenced before this act takes effect.
History.—s. 8, ch. 2001-198.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VII - Transition (Ss. 679.701-679.709) › 679.703 - Security interest perfected before effective date.

679.703 Security interest perfected before effective date.—
(1) A security interest that is enforceable immediately before this act takes effect and would have priority over the rights of a person who becomes a lien creditor at that time is a perfected security interest under this act if, when this act takes effect, the applicable requirements for enforceability and perfection under this act are satisfied without further action.
(2) Except as otherwise provided in s. 679.705, if, immediately before this act takes effect, a security interest is enforceable and would have priority over the rights of a person who becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this act are not satisfied when this act takes effect, the security interest:
(a) Is a perfected security interest for 1 year after this act takes effect;
(b) Remains enforceable thereafter only if the security interest becomes enforceable under former s. 679.203 before the year expires; and
(c) Remains perfected thereafter only if the applicable requirements for perfection under this act are satisfied before the year expires.
History.—s. 8, ch. 2001-198; s. 101, ch. 2003-1.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VII - Transition (Ss. 679.701-679.709) › 679.704 - Security interest unperfected before effective date.

679.704 Security interest unperfected before effective date.—A security interest that is enforceable immediately before this act takes effect but that would be subordinate to the rights of a person who becomes a lien creditor at that time:
(1) Remains an enforceable security interest for 1 year after this act takes effect;
(2) Remains enforceable thereafter if the security interest becomes enforceable under former s. 679.203 when this act takes effect or within 1 year thereafter; and
(3) Becomes perfected:
(a) Without further action when this act takes effect if the applicable requirements for perfection under this act are satisfied before or at that time; or
(b) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
History.—s. 8, ch. 2001-198; s. 102, ch. 2003-1.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VII - Transition (Ss. 679.701-679.709) › 679.705 - Effectiveness of action taken before effective date.

679.705 Effectiveness of action taken before effective date.—
(1) If action, other than the filing of a financing statement, is taken before this act takes effect and the action would have resulted in priority of a security interest over the rights of a person who becomes a lien creditor had the security interest become enforceable before this act takes effect, the action is effective to perfect a security interest that attaches under this act within 1 year after this act takes effect. An attached security interest becomes unperfected 1 year after this act takes effect unless the security interest becomes a perfected security interest under this act before the expiration of that period.
(2) The filing of a financing statement before this act takes effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this act.
(3) This act does not render ineffective an effective financing statement that, before this act takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in s. 679.103, Florida Statutes 2000. However, except as otherwise provided in subsections (4) and (5) and s. 679.706, the financing statement ceases to be effective at the earlier of:
(a) The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or
(b) December 31, 2006.
(4) The filing of a continuation statement after this act takes effect does not continue the effectiveness of the financing statement filed before this act takes effect. However, upon the timely filing of a continuation statement after this act takes effect and in accordance with the law of the jurisdiction governing perfection as provided in part III, the effectiveness of a financing statement filed in the same office in that jurisdiction before this act takes effect continues for the period provided by the law of that jurisdiction.
(5) Paragraph (3)(b) applies to a financing statement that, before this act takes effect, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in s. 679.103, Florida Statutes 2000, only to the extent that part III provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
(6) A financing statement that includes a financing statement filed before this act takes effect and a continuation statement filed after this act takes effect is effective only to the extent that it satisfies the requirements of part V for an initial financing statement.
History.—s. 8, ch. 2001-198; s. 1, ch. 2006-187; s. 70, ch. 2006-213.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VII - Transition (Ss. 679.701-679.709) › 679.706 - When initial financing statement suffices to continue effectiveness of financing statement.

679.706 When initial financing statement suffices to continue effectiveness of financing statement.—
(1) The filing of an initial financing statement in the office specified in s. 679.5011 continues the effectiveness of a financing statement filed before this act takes effect if:
(a) The filing of an initial financing statement in that office would be effective to perfect a security interest under this act;
(b) The pre-effective date financing statement was filed in an office in another state or another office in this state; and
(c) The initial financing statement satisfies subsection (3).
(2) The filing of an initial financing statement under subsection (1) continues the effectiveness of the pre-effective date financing statement:
(a) If the initial financing statement is filed before this act takes effect, for the period provided in s. 679.403, Florida Statutes 2000, with respect to a financing statement; and
(b) If the initial financing statement is filed after this act takes effect, for the period provided in s. 679.515 with respect to an initial financing statement.
(3) To be effective for purposes of subsection (1), an initial financing statement must:
(a) Satisfy the requirements of part V for an initial financing statement;
(b) Identify the pre-effective date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(c) Indicate that the pre-effective date financing statement remains effective.
History.—s. 8, ch. 2001-198.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VII - Transition (Ss. 679.701-679.709) › 679.707 - Amendment or pre-effective date financing statement.

679.707 Amendment or pre-effective date financing statement.—
(1) In this section, the term “pre-effective date financing statement” means a financing statement filed before this act takes effect.
(2) After this act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in part III. However, the effectiveness of a pre-effective date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(3) Except as otherwise provided in subsection (4), if the law of this state governs perfection of a security interest, the information in a pre-effective date financing statement may be amended after this act takes effect only if:
(a) The pre-effective date financing statement and an amendment are filed in the office specified in s. 679.5011;
(b) An amendment is filed in the office specified in s. 679.5011 concurrently with, or after the filing in that office of, an initial financing statement that satisfies s. 679.706(3); or
(c) An initial financing statement that provides the information as amended and satisfies s. 679.706(3) is filed in the office specified in s. 679.5011.
(4) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective date financing statement may be continued only under s. 679.705(4) and (6) or s. 679.706.
(5) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective date financing statement filed in this state may be terminated after this act takes effect by filing a termination statement in the office in which the pre-effective date financing statement is filed, unless an initial financing statement that satisfies s. 679.706(3) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in part III as the office in which to file a financing statement.
History.—s. 8, ch. 2001-198; s. 145, ch. 2007-5.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VII - Transition (Ss. 679.701-679.709) › 679.708 - Persons entitled to file initial financing statement or continuation statement.

679.708 Persons entitled to file initial financing statement or continuation statement.—A person may file an initial financing statement or a continuation statement under this part if:
(1) The secured party of record authorizes the filing; and
(2) The filing is necessary under this part:
(a) To continue the effectiveness of a financing statement filed before this act takes effect; or
(b) To perfect or continue the perfection of a security interest.
History.—s. 8, ch. 2001-198.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VII - Transition (Ss. 679.701-679.709) › 679.709 - Priority.

679.709 Priority.—
(1) This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this act takes effect, chapter 679, Florida Statutes 2000, determines priority.
(2) For purposes of s. 679.322(1), the priority of a security interest that becomes enforceable under s. 679.2031 of this act dates from the time this act takes effect if the security interest is perfected under this act by the filing of a financing statement before this act takes effect which would not have been effective to perfect the security interest under chapter 679, Florida Statutes 2000. This subsection does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.
History.—s. 8, ch. 2001-198.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VIII - Transition Provisions for 2013 Amendments (Ss. 679.801-679.808) › 679.801 - Saving clause.

679.801 Saving clause.—
(1) Except as otherwise provided in this part, this part applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013.
(2) The amendments to this chapter by ch. 2012-59, Laws of Florida, do not affect an action, case, or proceeding commenced before July 1, 2013.
History.—ss. 17, 19, ch. 2012-59.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VIII - Transition Provisions for 2013 Amendments (Ss. 679.801-679.808) › 679.802 - Security interest perfected before effective date.

679.802 Security interest perfected before effective date.—
(1) A security interest that is a perfected security interest immediately before July 1, 2013, is a perfected security interest under this chapter, as amended by ch. 2012-59, Laws of Florida, on July 1, 2013, if the applicable requirements for attachment and perfection under this chapter, as amended by ch. 2012-59, Laws of Florida, are satisfied without further action.
(2) Except as otherwise provided in s. 679.804, if a security interest is a perfected security interest immediately before July 1, 2013, but the applicable requirements for perfection under this chapter, as amended by ch. 2012-59, Laws of Florida, are not satisfied on July 1, 2013, the security interest remains perfected thereafter only if the applicable requirements for perfection under this chapter, as amended by ch. 2012-59, Laws of Florida, are satisfied no later than July 1, 2014.
History.—ss. 17, 19, ch. 2012-59.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VIII - Transition Provisions for 2013 Amendments (Ss. 679.801-679.808) › 679.803 - Security interest unperfected before effective date.

679.803 Security interest unperfected before effective date.—A security interest that is an unperfected security interest immediately before July 1, 2013, becomes a perfected security interest:
(1) Without further action, on July 1, 2013, if the applicable requirements for perfection under this chapter, as amended by ch. 2012-59, Laws of Florida, are satisfied before or at that time; or
(2) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
History.—ss. 17, 19, ch. 2012-59.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VIII - Transition Provisions for 2013 Amendments (Ss. 679.801-679.808) › 679.805 - When initial financing statement suffices to continue effectiveness of financing statement.

679.805 When initial financing statement suffices to continue effectiveness of financing statement.—
(1) The filing of an initial financing statement in the office specified in s. 679.5011 continues the effectiveness of a financing statement filed before July 1, 2013, if:
(a) The filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter, as amended by ch. 2012-59, Laws of Florida;
(b) The financing statement filed before July 1, 2013, was filed in an office in another state; and
(c) The initial financing statement satisfies subsection (3).
(2) The filing of an initial financing statement under subsection (1) continues the effectiveness of the financing statement filed before July 1, 2013, if:
(a) The initial financing statement is filed before July 1, 2013, for the period provided in s. 679.515, as it existed before its amendment by ch. 2012-59, Laws of Florida, with respect to an initial financing statement; and
(b) The initial financing statement is filed on or after July 1, 2013, for the period provided in s. 679.515, as amended by ch. 2012-59, Laws of Florida, with respect to an initial financing statement.
(3) To be effective for purposes of subsection (1), an initial financing statement must:
(a) Satisfy the requirements of part IV, as amended by ch. 2012-59, Laws of Florida, for an initial financing statement;
(b) Identify the financing statement filed before July 1, 2013, by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(c) Indicate that the financing statement filed before July 1, 2013, remains effective.
History.—ss. 17, 19, ch. 2012-59.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VIII - Transition Provisions for 2013 Amendments (Ss. 679.801-679.808) › 679.806 - Amendment of financing statement filed before July 1, 2013.

679.806 Amendment of financing statement filed before July 1, 2013.—
(1) On or after July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a financing statement only filed before July 1, 2013, in accordance with the law of the jurisdiction governing perfection as provided in this chapter, as amended by ch. 2012-59, Laws of Florida. However, the effectiveness of a financing statement filed before July 1, 2013, also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(2) Except as otherwise provided in subsection (3), if the law of this state governs perfection of a security interest, the information in a financing statement filed before July 1, 2013, may be amended after July 1, 2013, only if:
(a) The financing statement filed before July 1, 2013, and an amendment are filed in the office specified in s. 679.5011;
(b) An amendment is filed in the office specified in s. 679.5011 concurrently with, or after the filing in that office of, an initial financing statement that satisfies s. 679.805(3); or
(c) An initial financing statement that provides the information as amended and satisfies s. 679.805(3) is filed in the office specified in s. 679.5011.
(3) If the law of this state governs perfection of a security interest, the effectiveness of a financing statement filed before July 1, 2013, may be continued only under s. 679.804(3) and (5) or s. 679.805.
(4) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a financing statement filed in this state before July 1, 2013, may be terminated on or after July 1, 2013, by filing a termination statement in the office in which the financing statement filed before July 1, 2013, is filed, unless an initial financing statement that satisfies s. 679.805(3) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this chapter, as amended by ch. 2012-59, Laws of Florida, as the office in which to file a financing statement.
History.—ss. 17, 19, ch. 2012-59.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VIII - Transition Provisions for 2013 Amendments (Ss. 679.801-679.808) › 679.807 - Person entitled to file initial financing statement or continuation statement.

679.807 Person entitled to file initial financing statement or continuation statement.—A person may file an initial financing statement or a continuation statement under this part if:
(1) The secured party of record authorizes the filing; and
(2) The filing is necessary under this part:
(a) To continue the effectiveness of a financing statement filed before July 1, 2013; or
(b) To perfect or continue the perfection of a security interest.
History.—s. 17, ch. 2012-59.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 679 - Uniform Commercial Code: Secured Transactions › Part VIII - Transition Provisions for 2013 Amendments (Ss. 679.801-679.808) › 679.808 - Priority.

679.808 Priority.—This part and the amendments to this chapter made by ch. 2012-59, Laws of Florida, determine the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, this chapter as it existed before July 1, 2013, determines priority.
History.—ss. 17, 19, ch. 2012-59.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part I - General Provisions (Ss. 680.1011-680.1095) › 680.1011 - Short title.

680.1011 Short title.—This chapter shall be known and may be cited as the “Uniform Commercial Code—Leases.”
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part I - General Provisions (Ss. 680.1011-680.1095) › 680.1021 - Scope.

680.1021 Scope.—This chapter applies to any transaction, regardless of form, that creates a lease.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part I - General Provisions (Ss. 680.1011-680.1095) › 680.1041 - Leases subject to other statutes.

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 court of this state existing on the effective date of this chapter.
(2) In case of conflict between this chapter, other than ss. 680.1051, 680.304(3), and 680.305(3), and a statute or decision referred to in subsection (1), the statute or decision controls.
(3) Failure to comply with an applicable law has only the effect specified therein.
History.—s. 1, ch. 90-278; s. 27, ch. 98-11.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part I - General Provisions (Ss. 680.1011-680.1095) › 680.1051 - Territorial application of chapter to goods covered by certificate of title.

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 conflict-of-laws rules) of the jurisdiction issuing the certificate until the earlier of surrender of the certificate or 4 months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part I - General Provisions (Ss. 680.1011-680.1095) › 680.1061 - Limitation on power of parties to consumer lease to choose applicable law and judicial forum.

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 not enforceable.
(2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part I - General Provisions (Ss. 680.1011-680.1095) › 680.1071 - Waiver or renunciation of claim or right after default.

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 written waiver or renunciation signed and delivered by the aggrieved party.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part I - General Provisions (Ss. 680.1011-680.1095) › 680.1081 - Unconscionability.

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.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part I - General Provisions (Ss. 680.1011-680.1095) › 680.1091 - Option to accelerate at will.

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 he or she in good faith believes that the prospect of payment or performance is impaired.
(2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) is on the party who exercised the power; otherwise, the burden of establishing lack of good faith is on the party against whom the power has been exercised.
History.—s. 1, ch. 90-278; s. 706, ch. 97-102.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part I - General Provisions (Ss. 680.1011-680.1095) › 680.1095 - Application of ch. 98-11.

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 such specific agreement, transactions validly entered into before that date and the rights, duties, and interests flowing from them remain valid thereafter and may be terminated, completed, consummated, or enforced as though this act had not taken effect.
History.—s. 47, ch. 98-11.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.201 - Statute of frauds.

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 writing, signed by the party against whom enforcement is sought or by that party’s authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.
(2) Any description of leased goods or of the lease term is sufficient and satisfies paragraph (1)(b), whether or not it is specific, if it reasonably identifies what is described.
(3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under paragraph (1)(b) beyond the lease term and the quantity of goods shown in the writing.
(4) A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable:
(a) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor’s business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;
(b) If the party against whom enforcement is sought admits in that party’s pleading, testimony, or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or
(c) With respect to goods that have been received and accepted by the lessee.
(5) The lease term under a lease contract referred to in subsection (4) is:
(a) If there is a writing signed by the party against whom enforcement is sought or by that party’s authorized agent specifying the lease term, the term so specified;
(b) If the party against whom enforcement is sought admits in that party’s pleading, testimony, or otherwise in court a lease term, the term so admitted; or
(c) A reasonable lease term.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.202 - Final written expression: parol or extrinsic evidence.

680.202 Final written 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 writing 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 oral agreement but may be explained or supplemented:
(1) By course of dealing or usage of trade or by course of performance; and
(2) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.203 - Seals inoperative.

680.203 Seals inoperative.—The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing 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.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.204 - Formation in general.

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 left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.205 - Firm offers.

680.205 Firm offers.—An offer by a merchant to lease goods to or from another person in a signed writing 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. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.206 - Offer and acceptance in formation of lease contract.

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 not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.207 - Course of performance or practical construction.

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 express terms of a lease agreement and any course of performance, as well as any course of dealing and usage of trade, must be construed whenever reasonable as consistent with each other; but if that construction is unreasonable, express terms control course of performance, course of performance controls both course of dealing and usage of trade, and course of dealing controls usage of trade.
(3) Subject to the provisions of s. 680.208 on modification and waiver, course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.208 - Modification, rescission, and waiver.

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 writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
(3) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver.
(4) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.209 - Lessee under finance lease as beneficiary of supply contract.

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 supply contract and all of the supplier’s defenses or claims arising therefrom.
(2) The extension of the benefit of the supplier’s promises and warranties to the lessee (subsection (1)) does not:
(a) Modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise; or
(b) Impose any duty or liability under the supply contract on the lessee.
(3) Any modification or rescission of the supply contract by the supplier and the lessor is effective against the lessee unless, prior to the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the supply contract is modified or rescinded after the lessee enters the finance lease, the lessee has a cause of action against the lessor. The lessee’s recovery from such action shall put the lessee in as good a position as if the modification or rescission had not occurred.
(4) In addition to the extension of the benefit of the supplier’s promises and warranties to the lessee under subsection (1), the lessee retains all rights and remedies which the lessee may have against the supplier that arise from any agreement between the lessee and the supplier or from any other law.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.21 - Express warranties.

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 goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.
(c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as “warrant” or “guarantee,” or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor’s opinion or commendation of the goods does not create a warranty.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.211 - Warranties against interference and against infringement; lessee’s obligation against infringement.

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 finance lease, there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.
(3) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.212 - Implied warranty of merchantability.

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 the case of fungible goods, are of fair average quality within the description.
(c) Are fit for the ordinary purposes for which goods of that type are used.
(d) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved.
(e) Are adequately contained, packaged, and labeled as the lease agreement may require.
(f) Conform to any promises or affirmations of fact made on the container or label.
(3) Other implied warranties may arise from course of dealing or usage of trade.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.213 - Implied warranty of fitness for particular purpose.

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 goods will be fit for that purpose.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.214 - Exclusion or modification of warranties.

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 extent that the construction is unreasonable.
(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it, the language must mention “merchantability,” be by a writing, and be conspicuous. Subject to subsection (3), to exclude or modify any implied warranty of fitness, the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous, and states, for example, “There is no warranty that the goods will be fit for a particular purpose.”
(3) Notwithstanding subsection (2), but subject to subsection (4):
(a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is” or “with all faults” or by other language that in common understanding calls the lessee’s attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous.
(b) If the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed.
(c) An implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.
(4) To exclude or modify a warranty against interference or against infringement (s. 680.211) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.215 - Cumulation and conflict of warranties express or implied.

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 displace an inconsistent sample or model or general language of description.
(2) A sample from an existing bulk displaces inconsistent general language of description.
(3) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.216 - Third-party beneficiaries of express and implied warranties.

680.216 Third-party beneficiaries of express and implied warranties.—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 affected by the goods and who is injured in person by breach of the warranty. This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons. The operation of this section may not be excluded, modified, or limited; but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, which is effective against the lessee is also effective against any beneficiary designated under this section.
History.—s. 1, ch. 90-278.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 680 - Uniform Commercial Code: Leases › Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221) › 680.217 - Identification.

680.217 Identification.—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 goods that are existing and identified;
(2) When the goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or
(3) When the young are conceived, if the lease contract is for a lease of unborn young of animals.
History.—s. 1, ch. 90-278.