Florida Statutes

Fla. Stat. § 687.0304 (2025)

Credit agreements.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 54 cases (9 in the last 5 years), 1991–2025 · leading case: Coral Reef Drive Land Dev., LLC v. Duke Realty Ltd. P'ship, 45 So. 3d 897 (Fla. 3d DCA 2010).

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Coral Reef Drive Land Dev., LLC v. Duke Realty Ltd. P'ship, 45 So. 3d 897 (Fla. 3d DCA 2010). · cites it 16× “*903 Section 687.0304, Florida Statutes (2007), requires that a borrower may not take legal action on "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" unless "the agreement…”

Puffn Stuff of Winter Park v. Bell, 683 So. 2d 1176 (Fla. 5th DCA 1996). · cites it 16× “Gewitz, Impact of Florida Statute § 687.0304 on Lender Liability Actions, LXVI, 6 Fla.”

Maynard v. Cent. Nat. Bank, 640 So. 2d 1212 (Fla. 2d DCA 1994). · cites it 20× “CNB relied on the authority of section 687.0304, Florida Statutes (1991) which provides in pertinent part as follows: (2) Credit agreements to be in writing.”

Vargas v. Deutsche Bank Nat'l Trust Co., 104 So. 3d 1156 (Fla. 3d DCA 2012). · cites it 8× “10, 2010) (stating that a loan modification agreement is an agreement “to lend money and extend credit” under section 687.0304); Brisbin v. Aurora Loan Servs.”

Reese v. JPMorgan Chase & Co., 686 F. Supp. 2d 1291 (S.D. Fla. 2009). · cites it 4× “Fla. Stat. § 687.0304 . (Def.’s Mot. to Dismiss 7).”

Collins v. Citrus Nat. Bank, 641 So. 2d 458 (Fla. 5th DCA 1994). · cites it 9× “The Bank argues that the trial court properly dismissed the complaint and amended complaint and cites section 687.0304, Florida Statutes (1989) which provides in part: (2) CREDIT AGREEMENTS TO BE IN WRITING A debtor may not maintain an action on a credit agreement unless the…”

Sees v. Bank One, Indiana, N.A., 839 N.E.2d 154 (Ind. 2005). · cites it 2× “" Fla. Stat. § 687.0304 (2) (1989). Louisiana has a similarly worded statute.”

Pavolini v. Williams, 915 So. 2d 251 (Fla. 5th DCA 2005). · cites it 5× “5th DCA 1994), for example, this court held that while section 687.0304 would preclude a debtor from bringing a claim based on an oral credit agreement, it would not prevent a debtor from asserting affirmative defenses based on post-execution waiver, estoppel or bad faith.”

Silver v. Countrywide Home Loans, Inc., 760 F. Supp. 2d 1330 (S.D. Fla. 2011). · cites it 3× “See Fla. Stat. § 687.0304 (2). Silver’s fraud claims are based on the contention that Countrywide made a number of fraudulent misrepresentations upon which Silver relied to her detriment in entering the Mortgage Loan in 2005.”

Sundale, Ltd. v. Ocean Bank, 441 B.R. 384 (S.D. Fla. 2010). · cites it 23× “Whether the Bankruptcy Court erred in finding that Count I of the Second Amended Complaint for breach of contract should be dismissed because the agreement sued on does not satisfy the requirements of Fla. Stat. § 687.0304 , Florida’s Banking Statute of Frauds, and was not pled…”

Brenowitz v. Cent. Nat. Bank, 597 So. 2d 340 (Fla. 2d DCA 1992). · cites it 4× “We reverse because we find there remain material factual disputes; in so doing we must construe, differently from the trial court, the "new" statute of frauds provision contained in section 687.0304, Florida Statutes (1989).”

Dixon v. Countrywide Fin. Corp., 664 F. Supp. 2d 1304 (S.D. Fla. 2009). · cites it 4× “” Fla. Stat. § 687.0304 (1). Plaintiffs claim that Defendants promised Plaintiff a fixed interest rate of 6.”

Show all 54 citing cases →

— 687.0304(1) — 3 cases

Puffn Stuff of Winter Park v. Bell, 683 So. 2d 1176 (Fla. 5th DCA 1996). “Gewitz, Impact of Florida Statute § 687.0304 on Lender Liability Actions, LXVI, 6 Fla.”

Mark Andrew of the Palm Beaches, Ltd. v. GMAC Com. Mortg. Corp., 265 F. Supp. 2d 366 (S.D.N.Y. 2003).

Vargas v. Deutsche Bank Nat'l Trust Co., 104 So. 3d 1156 (Fla. 3d DCA 2012). “10, 2010) (stating that a loan modification agreement is an agreement “to lend money and extend credit” under section 687.0304); Brisbin v. Aurora Loan Servs.”

— 687.0304(1)(a) — 4 cases

Coral Reef Drive Land Dev., LLC v. Duke Realty Ltd. P'ship, 45 So. 3d 897 (Fla. 3d DCA 2010). “*903 Section 687.0304, Florida Statutes (2007), requires that a borrower may not take legal action on "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" unless "the agreement…”

Brexendorf v. Bank of Am., N.A., 319 F. Supp. 3d 1257 (M.D. Fla. 2018).

Wells Fargo Bank, N.A. v. Larry M. Richards, 226 So. 3d 920 (Fla. 4th DCA 2017).

Am. First Fed., Inc. v. Trugon Props., Inc. (Fla. 4th DCA 2025).

— 687.0304(2) — 15 cases

Puffn Stuff of Winter Park v. Bell, 683 So. 2d 1176 (Fla. 5th DCA 1996). “Gewitz, Impact of Florida Statute § 687.0304 on Lender Liability Actions, LXVI, 6 Fla.”

Brook v. Amaximis Lending, L.P. (In Re Vickers), 275 B.R. 401 (Bankr. M.D. Fla. 2001).

Pavolini v. Williams, 915 So. 2d 251 (Fla. 5th DCA 2005). “5th DCA 1994), for example, this court held that while section 687.0304 would preclude a debtor from bringing a claim based on an oral credit agreement, it would not prevent a debtor from asserting affirmative defenses based on post-execution waiver, estoppel or bad faith.”

Wells Fargo Bank, N.A. v. Larry M. Richards, 226 So. 3d 920 (Fla. 4th DCA 2017).

— 687.0304(3) — 2 cases

Sundale, Ltd. v. Ocean Bank, 441 B.R. 384 (S.D. Fla. 2010). “Whether the Bankruptcy Court erred in finding that Count I of the Second Amended Complaint for breach of contract should be dismissed because the agreement sued on does not satisfy the requirements of Fla. Stat. § 687.0304 , Florida’s Banking Statute of Frauds, and was not pled…”

The Cape, LLC & Riverview Alf Operator Vs Och-ziff Real Est. Aquisitions, Lp n/k/a Sculptor Capital Investments, LLC & Riverview Buyer, LLC (Fla. 5th DCA 2023).

— 687.0304(3)(a) — 1 case

Salvador Diaz-Verson, Jr. v. Bank of Am., 159 F. App'x 71 (11th Cir. 2005).

— 687.0304(l)(a) — 5 cases

Cong. Park Off. Condos II, LLC v. First-Citizens Bank & Trust Co., 105 So. 3d 602 (Fla. 4th DCA 2013).

Salvador Diaz-Verson, Jr. v. Bank of Am., 159 F. App'x 71 (11th Cir. 2005).

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