Florida Statute 687.0304 | Lawyer Caselaw & Research

The 2024 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.

F.S. 687.0304 on Google Scholar

F.S. 687.0304 on Casetext

Amendments to 687.0304

Arrestable Offenses / Crimes under Fla. Stat. 687.0304

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 687.0304.

Annotations, Discussions, Cases:

Cases Citing Statute 687.0304

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2023-09-15

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2022-05-18

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

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

Court: District Court of Appeal of Florida | Date Filed: 2017-08-30

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-12-09

Citation: 180 So. 3d 1190, 2015 Fla. App. LEXIS 18411

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

Swinton v. Wells Fargo Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2013-06-05

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2013-01-16

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

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

Vargas v. Deutsche Bank National Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2012-11-28

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

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

AGATE v. Clampitt

Court: District Court of Appeal of Florida | Date Filed: 2012-02-24

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2010-09-22

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

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

Bankers Trust Co. v. Basciano

Court: District Court of Appeal of Florida | Date Filed: 2007-05-25

Citation: 960 So. 2d 773, 2007 WL 1514226

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

Metro Bldg. Materials v. REPUBLIC NAT. BANK

Court: District Court of Appeal of Florida | Date Filed: 2006-01-18

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

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

Pavolini v. Williams

Court: District Court of Appeal of Florida | Date Filed: 2005-12-02

Citation: 915 So. 2d 251, 2005 WL 3235306

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

Eboni Beauty Academy v. AmSouth Bank of Florida

Court: District Court of Appeal of Florida | Date Filed: 2000-06-30

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

Snippet: -000. Eboni’s complaint is barred by sec*482tion 687.0304, Florida Statutes, which provides that a debtor

Attanasio v. Excel Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 2000-05-10

Citation: 757 So. 2d 1253, 2000 WL 561854

Snippet: application of the banking statute of frauds, section 687.0304, which requires that credit agreements be in writing)

Harris v. Schickedanz Bros.-Riviera Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1999-11-17

Citation: 746 So. 2d 1152, 1999 WL 1037950

Snippet: statute of frauds provisions in sections 671.206 and 687.0304, Florida Statutes (1993). Section 671.206, which

J Square Enterprises v. Regner

Court: District Court of Appeal of Florida | Date Filed: 1999-06-04

Citation: 734 So. 2d 565, 1999 WL 355895

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

PUFFN STUFF OF WINTER PARK v. Bell

Court: District Court of Appeal of Florida | Date Filed: 1996-12-20

Citation: 683 So. 2d 1176, 1996 WL 728344

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

Collins v. CITRUS NAT. BANK

Court: District Court of Appeal of Florida | Date Filed: 1994-08-12

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

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

Maynard v. Central Nat. Bank

Court: District Court of Appeal of Florida | Date Filed: 1994-08-05

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

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

Brocklebank v. Eastern Financial Federal Credit Union

Court: District Court of Appeal of Florida | Date Filed: 1994-02-15

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

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