The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 680
UNIFORM COMMERCIAL CODE: LEASES

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F.S. 680.407

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 Casetext

Amendments to 680.407

Arrestable Offenses / Crimes under Fla. Stat. 680.407

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 680.407.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DE LAGE LANDEN FINANCIAL SERVICES, INC. v. CRICKET S TERMITE CONTROL INC., 942 So. 2d 1001 (Fla. Dist. Ct. App. 2006)

. . . extended the benefits of the classic “hell-or-high-water” clause to finance leases pursuant to section 680.407 . . . See § 680.407, Fla. Stat. (2003) (UCC Cmt. 1); Or.Rev.Stat. § 72A.4070 (2003) (UCC Cmt. (g)). . . .

LEASETEC CORPORATION, v. ORIENT SYSTEMS, INC. a k a a k a, 85 F. Supp. 2d 1310 (S.D. Fla. 1999)

. . . . § 680.407 codifies the enforceability of “hell or high water” clauses. . . .