Florida Statute 687.0304 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 687
INTEREST AND USURY; LENDING PRACTICES

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F.S. 687.0304

687.0304 Credit agreements.—

(1) DEFINITIONS.—For the purposes of this section:

(a) “Credit agreement” means an agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation.

(b) “Creditor” means a person who extends credit under a credit agreement with a debtor.

(c) “Debtor” means a person who obtains credit or seeks a credit agreement with a creditor or who owes money to a creditor.

(2) CREDIT AGREEMENTS TO BE IN WRITING.—A debtor may not maintain an action on a credit agreement unless the agreement is in writing, expresses consideration, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor.

(3) ACTIONS NOT CONSIDERED AGREEMENTS.—

(a) The following actions do not give rise to a claim that a new credit agreement is created, unless the agreement satisfies the requirements of subsection (2):

1. The rendering of financial advice by a creditor to a debtor;

2. The consultation by a creditor with a debtor; or

3. The agreement by a creditor to take certain actions, such as entering into a new credit agreement, forbearing from exercising remedies under prior credit agreements, or extending installments due under prior credit agreements.

(b) A credit agreement may not be implied from the relationship, fiduciary, or otherwise, of the creditor and the debtor.

History.—s. 1, ch. 89-130.

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Amendments to 687.0304

Annotations, Discussions, Cases:

Cases Citing Statute 687.0304

Total Results: 39

Congress Park Office Condos II, LLC v. First-Citizens Bank & Trust Co.

105 So. 3d 602, 2013 WL 163435, 2013 Fla. App. LEXIS 577

District Court of Appeal of Florida | Filed: Jan 16, 2013 | Docket: 60227894

Cited 34 times | Published

of Frauds, defined in section 687.0304, Florida Statutes (2010). See § 687.0304(l)(a), Fla. Stat. (2010)

Reese v. JPMorgan Chase & Co.

686 F. Supp. 2d 1291, 2009 U.S. Dist. LEXIS 97301, 2009 WL 3346783

District Court, S.D. Florida | Filed: Oct 15, 2009 | Docket: 793229

Cited 29 times | Published

signed by the creditor and debtor. Fla. Stat. § 687.0304. (Def.'s Mot. to Dismiss 7). Chase further argues

Brenowitz v. Central Nat. Bank

597 So. 2d 340, 1992 WL 73816

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 1350833

Cited 17 times | Published

"new" statute of frauds provision contained in section 687.0304, Florida Statutes (1989). The Bank filed suit

Silver v. Countrywide Home Loans, Inc.

760 F. Supp. 2d 1330, 2011 U.S. Dist. LEXIS 5664, 2011 WL 121701

District Court, S.D. Florida | Filed: Jan 13, 2011 | Docket: 2342455

Cited 15 times | Published

exactly these sorts of contentions. See FLA. STAT. § 687.0304(2). Silver's fraud claims are based on the contention

PUFFN STUFF OF WINTER PARK v. Bell

683 So. 2d 1176, 1996 WL 728344

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 1514986

Cited 14 times | Published

that the trial judge was correct in applying section 687.0304(2), Florida Statutes (1989) in accordance

Bankers Trust Co. v. Basciano

960 So. 2d 773, 2007 WL 1514226

District Court of Appeal of Florida | Filed: May 25, 2007 | Docket: 1404854

Cited 9 times | Published

application of the bank statute of frauds, section 687.0304, Florida Statutes (1999), due to our conclusion

Coral Reef Drive Land Development, LLC v. Duke Realty Ltd. Partnership

45 So. 3d 897, 2010 Fla. App. LEXIS 14010, 2010 WL 3655812

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 110011

Cited 8 times | Published

the counterclaims legally insufficient. *903 Section 687.0304, Florida Statutes (2007), requires that a

Collins v. CITRUS NAT. BANK

641 So. 2d 458, 1994 Fla. App. LEXIS 7996, 1994 WL 419612

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 1152124

Cited 8 times | Published

complaint and amended complaint and cites section 687.0304, Florida Statutes (1989) which provides in

Griffiths v. Barnett Bank of Naples

603 So. 2d 690, 1992 WL 202137

District Court of Appeal of Florida | Filed: Aug 19, 1992 | Docket: 1476049

Cited 8 times | Published

to summary judgment. Barnett contends that section 687.0304, Florida Statutes (1989), bars any action

Pavolini v. Williams

915 So. 2d 251, 2005 WL 3235306

District Court of Appeal of Florida | Filed: Dec 2, 2005 | Docket: 1310972

Cited 6 times | Published

The Race, 573 So.2d at 410. Finally, while Section 687.0304(2), Florida Statutes (2005), provides that

J Square Enterprises v. Regner

734 So. 2d 565, 1999 WL 355895

District Court of Appeal of Florida | Filed: Jun 4, 1999 | Docket: 1730837

Cited 6 times | Published

defendants moved to dismiss on the basis of section 687.0304, Florida Statutes (sometimes known as the

Brook v. Amaximis Lending, L.P. (In Re Vickers)

275 B.R. 401, 15 Fla. L. Weekly Fed. B 131, 2001 Bankr. LEXIS 1855, 2001 WL 1833979

United States Bankruptcy Court, M.D. Florida | Filed: Oct 5, 2001 | Docket: 1739026

Cited 5 times | Published

March 3. Florida's Banking Statute of Frauds, Section 687.0304(2), Florida Statutes, however, provides that:

Maynard v. Central Nat. Bank

640 So. 2d 1212, 1994 Fla. App. LEXIS 7747, 1994 WL 406141

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 1371780

Cited 5 times | Published

affirmative defenses. CNB relied on the authority of section 687.0304, Florida Statutes (1991) which provides in

Dixon v. COUNTRYWIDE FINANCIAL CORPORATION

664 F. Supp. 2d 1304, 2009 U.S. Dist. LEXIS 101451

District Court, S.D. Florida | Filed: Oct 19, 2009 | Docket: 2345705

Cited 4 times | Published

banking statute of frauds, found in Florida Statute § 687.0304, since statements made during negotiations for

AGATE v. Clampitt

80 So. 3d 450, 2012 WL 592883, 2012 Fla. App. LEXIS 3011

District Court of Appeal of Florida | Filed: Feb 24, 2012 | Docket: 2414439

Cited 3 times | Published

further note that Mr. Clampitt relies upon section 687.0304(2), Florida Statutes (1995), to support his

Metro Bldg. Materials v. REPUBLIC NAT. BANK

919 So. 2d 595, 2006 Fla. App. LEXIS 345, 2006 WL 119855

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 1269837

Cited 3 times | Published

counterclaims. The trial court relied on section § 687.0304, Florida Statutes (1989), which is the statute

University Creek Associates II, Ltd. v. Boston American Financial Group, Inc.

100 F. Supp. 2d 1345, 2000 U.S. Dist. LEXIS 6923, 2000 WL 656110

District Court, S.D. Florida | Filed: Mar 24, 2000 | Docket: 2344923

Cited 3 times | Published

signed by the creditor and the debtor. Fla. Stat. § 687.0304(2). As previously stated, the Court has determined

WELLS FARGO BANK, N.A. v. LARRY M. RICHARDS

226 So. 3d 920, 2017 Fla. App. LEXIS 12465, 2017 WL 3727048

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145374

Cited 2 times | Published

Florida did in 1989 with the enactment of section 687.0304, Florida Statutes. The purpose of these

Attanasio v. Excel Development Corp.

757 So. 2d 1253, 2000 WL 561854

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 1331123

Cited 2 times | Published

application of the banking statute of frauds, section 687.0304, which requires that credit agreements be

Vargas v. Deutsche Bank National Trust Co.

104 So. 3d 1156, 2012 WL 5933055, 2012 Fla. App. LEXIS 20336

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227350

Cited 1 times | Published

reason: the applicable statute of frauds. Section 687.0304(2) of the Florida Statutes (2012) expressly

Dixon v. Countrywide Home Loans, Inc.

710 F. Supp. 2d 1325, 2010 U.S. Dist. LEXIS 54292, 2010 WL 1838658

District Court, S.D. Florida | Filed: May 7, 2010 | Docket: 2555754

Cited 1 times | Published

frauds governing credit agreements. See Fla. Stat. § 687.0304. Further, Countrywide argues that to the extent

Harris v. Schickedanz Bros.-Riviera Ltd.

746 So. 2d 1152, 1999 WL 1037950

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1360563

Cited 1 times | Published

other statute cited by the trial court is section 687.0304, entitled Credit Agreements, which provides:

American First Federal, Inc. v. Trugon Properties, Inc.

District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690866

Published

and is signed by the creditor and the debtor.” § 687.0304(2), Fla. Stat. (2012). Under the statute, a credit

THE CAPE, LLC AND RIVERVIEW ALF OPERATOR vs OCH-ZIFF REAL ESTATE AQUISITIONS, LP N/K/A SCULPTOR CAPITAL INVESTMENTS, LLC AND RIVERVIEW BUYER, LLC

District Court of Appeal of Florida | Filed: Sep 15, 2023 | Docket: 65757898

Published

and is signed by the creditor and the debtor.” § 687.0304(2), Fla. Stat. (2021). This includes an “agreement

GIULIANA LLANSO v. SHEDDF2-FL3, LLC, etc.

District Court of Appeal of Florida | Filed: May 18, 2022 | Docket: 63318829

Published

2 appellant’s breach of contract action. § 687.0304(2), Fla. Stat. (2017); Bloch v. Wells Fargo

Roman v. Loandepot.Com, LLC

387 F. Supp. 3d 1389

District Court, M.D. Florida | Filed: Jun 28, 2019 | Docket: 64325068

Published

Florida's Banking Statute of Frauds, Fla. Stat. § 687.0304. That statute provides in pertinent part that

Brexendorf v. Bank of Am., N.A.

319 F. Supp. 3d 1257

District Court, M.D. Florida | Filed: Jul 30, 2018 | Docket: 64319485

Published

absent a signed, written document. Fla. Stat. § 687.0304(2). A credit agreement is "an agreement to lend

Finster v. U.S. Bank National Ass'n

245 F. Supp. 3d 1304, 2017 U.S. Dist. LEXIS 44984

District Court, M.D. Florida | Filed: Mar 28, 2017 | Docket: 64313563

Published

Agreement it has yet to enter. See Fla. Stat. § 687,-0304(2) (the “Banking Statute of Frauds”); see Traver

Ocwen Loan Servicing, LLC v. Jean Marie Delvar a/k/a Jean Delvar

180 So. 3d 1190, 2015 Fla. App. LEXIS 18411, 2015 WL 8347300

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019338

Published

two Statutes of Frauds in effect in Florida: section 687.0304, Florida Statutes (2013), which has been referred

Peter Block v. Wells Fargo Home Mortgage

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 2014 | Docket: 2902360

Published

purported “promise,” such addition is barred by section 687.0304 of the Florida Statutes, known as “Florida’s

Swinton v. Wells Fargo Bank, N.A.

125 So. 3d 956, 2013 WL 2420458, 2013 Fla. App. LEXIS 8913

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60236134

Published

PER CURIAM. Affirmed. See § 687.0304, Fla. Stat. (2012). GROSS, FORST, JJ., and ROSENBERG, ROBIN, Associate

Sundale, Ltd. v. Ocean Bank

441 B.R. 384, 2010 U.S. Dist. LEXIS 134353, 2010 WL 5128992

District Court, S.D. Florida | Filed: Nov 19, 2010 | Docket: 156720

Published

requirements of the Florida Banking Statute of Frauds, § 687.0304, Florida Statutes (2009), because the alleged

Eboni Beauty Academy v. AmSouth Bank of Florida

761 So. 2d 481, 2000 Fla. App. LEXIS 8160, 2000 WL 864236

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 64798358

Published

Eboni. The judgment was apparently based on section 687.0304, but the statute does not apply to affirmative

Brocklebank v. Eastern Financial Federal Credit Union

634 So. 2d 171, 1994 Fla. App. LEXIS 1003, 1994 WL 45316

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 64747106

Published

PER CURIAM. Affirmed. Section 687.0304, Fla.Stat. (1991); Griffiths v. Barnett Bank of Naples, 603 So

Chase v. Espirito Santo Bank of Florida

625 So. 2d 1263, 1993 Fla. App. LEXIS 9993, 1993 WL 390265

District Court of Appeal of Florida | Filed: Oct 5, 1993 | Docket: 64743807

Published

v. Bloom, 386 So.2d 286 (Fla. 3d DCA 1980); § 687.0304, Fla.Stat. (1991).

Sunflower Bazaar, Inc. v. Florida First International Bank

610 So. 2d 643, 1992 Fla. App. LEXIS 13241, 1992 WL 367217

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 64692829

Published

Venezuela, C.A., 534 So.2d 773 (Fla. 3d DCA1988); § 687.0304, Fla.Stat. (1991).

Rivers v. Southeast Bank Leasing Co.

603 So. 2d 106, 1992 Fla. App. LEXIS 8903, 1992 WL 183978

District Court of Appeal of Florida | Filed: Aug 4, 1992 | Docket: 64669210

Published

Leaving entirely aside the applicability of section 687.0304, Florida Statutes (1989), we conclude that

Vans R US, Inc. v. First Union National Bank of Florida

597 So. 2d 929, 1992 Fla. App. LEXIS 4937, 1992 WL 84139

District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 64666870

Published

Melo, 366 So.2d 1218, 1221 (Fla.3d DCA 1979); § 687.0304, Fla.Stat. (1991). Affirmed.

Bob Young, Inc. v. Southeast Bank, N.A.

583 So. 2d 1083, 1991 Fla. App. LEXIS 7190, 1991 WL 128323

District Court of Appeal of Florida | Filed: Jul 16, 1991 | Docket: 64660731

Published

Hialeah, 383 So.2d 256 (Fla. 3d DCA 1980); Section 687.0304, Florida Statutes (1989).