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Florida Statute 687.0304 | Lawyer Caselaw & Research
F.S. 687.0304 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 687.0304

The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS
Chapter 687
INTEREST AND USURY; LENDING PRACTICES
View Entire Chapter
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 from cite.case.law:

ROMAN, v. LOANDEPOT. COM, LLC,, 387 F. Supp. 3d 1389 (M.D. Fla. 2019)

. . . . § 687.0304. . . . Stat. § 687.0304(2). . . . Stat. § 687.0304(1)(a). . . . Stat. § 687.0304(2). . . .

BREXENDORF, v. BANK OF AMERICA, N. A., 319 F. Supp. 3d 1257 (M.D. Fla. 2018)

. . . . § 687.0304(2). . . . Id. § 687.0304(1)(a). . . .

WELLS FARGO BANK, N. A. v. M. RICHARDS, 226 So. 3d 920 (Fla. Dist. Ct. App. 2017)

. . . created a separate Banking Statute of Frauds, as Florida did in 1989 with the enactment of section 687.0304 . . . Section 687.0304(2) provides that “[a] debtor may not maintain an action on a credit agreement unless . . . repayment of money ... to otherwise extend credit, or to make any other financial accommodation.” § 687.0304 . . . The statute creates order by imposing the requirement of a writing under section 687.0304(2) to memorialize . . . As we discussed above with section 687.0304, there was no full performance here that would remove the . . .

OCWEN LOAN SERVICING, LLC, v. DELVAR a k a, 180 So. 3d 1190 (Fla. Dist. Ct. App. 2015)

. . . It appears that there are at least two Statutes of Frauds in effect in Florida: section 687.0304, Florida . . .

BLOCH, v. WELLS FARGO HOME MORTGAGE, a a. k. a., 755 F.3d 886 (11th Cir. 2014)

. . . attempt to add verbal conversations to the purported “promise,” such addition is barred by section 687.0304 . . . consideration, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor. § 687.0304 . . .

SYNOVUS BANK, f. k. a. v. R. SIMS, III, LLC,, 540 F. App'x 905 (11th Cir. 2013)

. . . . § 687.0304(2). Hence, the district court properly dismissed the Defendants’ counterclaims. . . .

SWINTON, v. WELLS FARGO BANK, N. A., 125 So. 3d 956 (Fla. Dist. Ct. App. 2013)

. . . See § 687.0304, Fla. Stat. (2012). GROSS, FORST, JJ., and ROSENBERG, ROBIN, Associate Judge, concur. . . .

CONGRESS PARK OFFICE CONDOS II, LLC, a v. FIRST- CITIZENS BANK TRUST COMPANY, a, 105 So. 3d 602 (Fla. Dist. Ct. App. 2013)

. . . an oral credit agreement as contemplated by Florida’s Banking Statute of Frauds, defined in section 687.0304 . . . See § 687.0304(l)(a), Fla. . . .

VARGAS, v. DEUTSCHE BANK NATIONAL TRUST CO., 104 So. 3d 1156 (Fla. Dist. Ct. App. 2012)

. . . Section 687.0304(2) of the Florida Statutes (2012) expressly provides that a “debtor may not maintain . . . repayment of money ..., to otherwise extend credit, or to make any other financial accommodation.” § 687.0304 . . . Florida’s banking statute of frauds because it is an agreement to make a financial accommodation. § 687.0304 . . . that a loan modification agreement is an agreement “to lend money and extend credit” under section 687.0304 . . . Beyond these statements, it does not appear that section 687.0304 was expressly mentioned or considered . . . grounds not relied on by the trial court or argued on appeal — that the statute of frauds, section 687.0304 . . .

AGATE v. E. CLAMPITT,, 80 So. 3d 450 (Fla. Dist. Ct. App. 2012)

. . . Clampitt relies upon section 687.0304(2), Florida Statutes (1995), to support his Statute of Frauds defense . . . trial court’s final judgment is akin to a judgment on the pleadings and the trial court used section 687.0304 . . .

SILVER, v. COUNTRYWIDE HOME LOANS, INC. d b a s LLC,, 760 F. Supp. 2d 1330 (S.D. Fla. 2011)

. . . . § 687.0304(2). . . . Stat. § 687.0304(2). . . .

SUNDALE, LTD. v. OCEAN BANK,, 441 B.R. 384 (S.D. Fla. 2010)

. . . Appellant seeks to alternatively argue that the Bankruptcy Court erred in finding that § 687.0304 applies . . . Stat. § 687.0304, Florida’s Banking Statute of Frauds, and was not pled with the requisite specificity . . . Stat. § 687.0304, Florida’s Banking Statute of Frauds, and was not pled with requisite specificity? . . . Stat. § 687.0304, Florida’s Bankruptcy Statute of Frauds, and was not pled with requisite specificity . . . Manifest Injustice Even if Appellant’s new claim that § 687.0304’s writing requirements do not apply . . .

CORAL REEF DRIVE LAND DEVELOPMENT, LLC, F. J. v. DUKE REALTY LIMITED PARTNERSHIP,, 45 So. 3d 897 (Fla. Dist. Ct. App. 2010)

. . . Section 687.0304, Florida Statutes (2007), requires that a borrower may not take legal action on “an . . . also legally insufficient under what has been called “Florida’s Banking Statute of Frauds,” section 687.0304 . . . attorneys, Coral Reefs principals could not ignore the requirements of those documents and section 687.0304 . . . estoppel cannot be employed where a promise is barred by the bank statute of frauds, which is section 687.0304 . . . , or things in action, to otherwise extent credit, or to make any other financial accommodation.” § 687.0304 . . .

DIXON, v. COUNTRYWIDE HOME LOANS, INC., 710 F. Supp. 2d 1325 (S.D. Fla. 2010)

. . . . § 687.0304. . . . Stat. § 687.0304(1). . . . extend credit and, therefore, is a credit agreement requiring the application of Florida Statute § 687.0304 . . . Yet, pursuant to Florida Statutes § 687.0304(2), a “debtor may not maintain an action on a credit agreement . . .

DIXON, v. COUNTRYWIDE FINANCIAL CORPORATION,, 664 F. Supp. 2d 1304 (S.D. Fla. 2009)

. . . Second Amended Complaint is barred by Florida’s banking statute of frauds, found in Florida Statute § 687.0304 . . . Stat. § 687.0304(1). . . . Yet, pursuant to Florida Statutes § 687.0304(2), a “debtor may not maintain an action on a credit agreement . . .

REESE, v. JPMORGAN CHASE CO. a d b a N. A. LLC, a LLC, a a, 686 F. Supp. 2d 1291 (S.D. Fla. 2009)

. . . . § 687.0304. (Def.’s Mot. to Dismiss 7). . . . Stat. § 687.0304. . . .

BANKERS TRUST COMPANY, v. BASCIANO,, 960 So. 2d 773 (Fla. Dist. Ct. App. 2007)

. . . We need not concern ourselves with the application of the bank statute of frauds, section 687.0304, Florida . . .

METRO BUILDING MATERIALS CORP. v. REPUBLIC NATIONAL BANK OF MIAMI,, 919 So. 2d 595 (Fla. Dist. Ct. App. 2006)

. . . The trial court relied on section § 687.0304, Florida Statutes (1989), which is the statute of frauds . . . consideration, sets forth the relevant terms and conditions, and is signed by the debtor and creditor.” § 687.0304 . . . The Fifth District has said, “Section 687.0304 prevents a debtor from bringing a claim based on an oral . . . In pertinent part Section 687.0304 states: (2) CREDIT AGREEMENTS TO BE IN WRITING.. — A debtor may not . . .

PAVOLINI v. WILLIAMS,, 915 So. 2d 251 (Fla. Dist. Ct. App. 2005)

. . . Finally, while Section 687.0304(2), Florida Statutes (2005), provides that a debtor may not maintain . . . National Bank, 640 So.2d 1212, 1213 (Fla. 5th DCA 1994), for example, this court held that while section 687.0304 . . . such defenses arising subsequent to the entry of the agreement are outside the operation of section 687.0304 . . . P. 1.110(d), and are not barred by section 687.0304. . . .

DIAZ- VERSON, Jr. DVA LLC, a DVA LLC, v. BANK OF AMERICA, N. A. A a, 159 F. App'x 71 (11th Cir. 2005)

. . . . § 687.0304. Diazr-Verson now appeals, contending that Counts I and II state claims for relief. . . . Fla Stat. § 687.0304(2). . . . Fla Stat. § 687.0304(l)(a). . . . Fla Stat. § 687.0304(3)(a). . . .

MARK ANDREW OF THE PALM BEACHES, LTD. v. GMAC COMMERCIAL MORTGAGE CORPORATION,, 96 F. App'x 750 (2d Cir. 2004)

. . . . § 687.0304(1) & (2). . . .

THE MARK ANDREW OF THE PALM BEACHES, LTD. v. GMAC COMMERCIAL MORTGAGE CORPORATION,, 265 F. Supp. 2d 366 (S.D.N.Y. 2003)

. . . Stat § 687.0304(1). . . . Stat. § 687.0304(2). . . .

In B. VICKERS V. v. L. P., 275 B.R. 401 (Bankr. M.D. Fla. 2001)

. . . Florida’s Banking Statute of Frauds, Section 687.0304(2), Florida Statutes, however, provides that: A . . . Citrus Nat’l Bank, 641 So.2d 458, 459 (Fla. 5th DCA 1994) [referring to § 687.0304(2), Fla.Stat.]. . . . .

EBONI BEAUTY ACADEMY, v. AmSOUTH BANK OF FLORIDA,, 761 So. 2d 481 (Fla. Dist. Ct. App. 2000)

. . . Eboni’s complaint is barred by section 687.0304, Florida Statutes, which provides that a debtor may not . . . The judgment was apparently based on section 687.0304, but the statute does not apply to affirmative . . .

ATTANASIO v. EXCEL DEVELOPMENT CORPORATION, a a, 757 So. 2d 1253 (Fla. Dist. Ct. App. 2000)

. . . as fraud in the inducement in order to avoid application of the banking statute of frauds, section 687.0304 . . .

UNIVERSITY CREEK ASSOCIATES II, LTD. a v. BOSTON AMERICAN FINANCIAL GROUP, INC. a f k a LLC, a, 100 F. Supp. 2d 1345 (S.D. Fla. 2000)

. . . . § 687.0304(2). . . .

HARRIS, a v. SCHICKEDANZ BROS. RIVIERA LTD. a a, 746 So. 2d 1152 (Fla. Dist. Ct. App. 1999)

. . . the grounds that there was a violation of the statute of frauds provisions in sections 671.206 and 687.0304 . . . The other statute cited by the trial court is section 687.0304, entitled Credit Agreements, which provides . . .

J SQUARE ENTERPRISES, v. E. REGNER, Jr., 734 So. 2d 565 (Fla. Dist. Ct. App. 1999)

. . . The defendants moved to dismiss on the basis of section 687.0304, Florida Statutes (sometimes known as . . . As its first point on appeal, J Square argues that section 687.0304 does not bar enforcement of the agreement . . . While we agree that the fraud claims are not barred by section 687.0304 (since its applicability has . . .

CONSOLIDATED SERVICES, INC. v. KEYBANK NATIONAL ASSOC., 29 F. Supp. 2d 942 (N.D. Ind. 1998)

. . . . § 687.0304 (West 1990) (approved 1989); Ga. . . .

PUFF N STUFF OF WINTER PARK, INC. v. T. BELL, W., 683 So. 2d 1176 (Fla. Dist. Ct. App. 1996)

. . . I respectfully dissent from the majority opinion because section 687.0304(2), Florida Statutes, is not . . . The impetus for enacting section 687.0304(2) was explained in Brenow-itz v. . . . By its express terms, section 687.0304(2) does not preclude an action for acts of fraud on the part of . . . The legislative history to House Bill 878, which became section 687.0304(1), expressly provides that . . . Gewitz, Impact of Florida Statute § 687.0304 on Lender Liability Actions, LXVI, 6 Fla. . . . We hold that the trial judge was correct in applying section 687.0304(2), Florida Statutes (1989) in . . . HARRIS, Judge, concurring specially: I concur with Judge Cobb’s opinion, which is based on section 687.0304 . . . But the rub, of course, is section 687.0304(2), which requires that before a loan commitment can be enforced . . .

J. COLLINS, v. CITRUS NATIONAL BANK,, 641 So. 2d 458 (Fla. Dist. Ct. App. 1994)

. . . .” § 687.0304, Florida Statutes. . . . Judge Peterson that the combination of writings in this case can satisfy the requirements of section 687.0304 . . . contract was the theory pleaded in the original complaint which was dismissed on the basis of section 687.0304 . . . Section 687.0304 “restricts the ability of the borrower to bring suit upon oral credit agreements.... . . . original complaint, an agreement between the parties and a writing that meets the requirements of section 687.0304 . . .

L. MAYNARD, v. CENTRAL NATIONAL BANK,, 640 So. 2d 1212 (Fla. Dist. Ct. App. 1994)

. . . CNB relied on the authority of section 687.0304, Florida Statutes (1991) which provides in pertinent . . . The trial court granted CNB’s motion based upon section 687.0304, Florida Statutes. . . . Section 687.0304 prevents a debtor from bringing a claim based on an oral credit agreement but does not . . . The bank argued that Brenowitz’ affirmative defenses were barred by section 687.0304, Florida Statutes . . . may be asserted pursuant to Florida Rule of Civil Procedure 1.110(d) and are not barred by section 687.0304 . . . Brenowitz as a debtor and, accordingly, the defenses were not subject to the limitations of section 687.0304 . . . of summary judgment against the Griffithses on their counterclaim, agreeing that pursuant to section 687.0304 . . . defenses in their current form, nor are they susceptible to amendment to avoid the prohibition of section 687.0304 . . .

DURHAM, INC. C. v. VANGUARD BANK TRUST COMPANY, 858 F. Supp. 617 (E.D. La. 1994)

. . . . § 687.0304. . § 1121. . . .

G. BROCKLEBANK, v. EASTERN FINANCIAL FEDERAL CREDIT UNION,, 634 So. 2d 171 (Fla. Dist. Ct. App. 1994)

. . . Section 687.0304, Fla.Stat. (1991); Griffiths v. . . . Barnett Bank of Naples, 603 So.2d 690, 692 (Fla. 2d DCA 1992) (The court, in construing Section 687.0304 . . .

T. CHASE, v. ESPIRITO SANTO BANK OF FLORIDA,, 625 So. 2d 1263 (Fla. Dist. Ct. App. 1993)

. . . 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 (Fla. Dist. Ct. App. 1992)

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

A. GRIFFITHS v. BARNETT BANK OF NAPLES, a, 603 So. 2d 690 (Fla. Dist. Ct. App. 1992)

. . . Barnett contends that section 687.0304, Florida Statutes (1989), bars any action because there was no . . . affirmative defenses of subsequent waiver, estoppel and bad faith are outside the operation of section 687.0304 . . . These alleged actions are specifically excluded as specified in subsection (3) of section 687.0304. . . .

R. RIVERS, v. SOUTHEAST BANK LEASING COMPANY,, 603 So. 2d 106 (Fla. Dist. Ct. App. 1992)

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

VANS R US, INC. a J. a v. FIRST UNION NATIONAL BANK OF FLORIDA,, 597 So. 2d 929 (Fla. Dist. Ct. App. 1992)

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

P. BRENOWITZ, H. L. v. CENTRAL NATIONAL BANK,, 597 So. 2d 340 (Fla. Dist. Ct. App. 1992)

. . . in any event because Brenowitz’s affirmative defenses were rendered legally inoperative by section 687.0304 . . . , Florida Statutes (1989), which states the following: 687.0304 Credit agreements.— (1) DEFINITIONS — . . .

BOB YOUNG, INC. v. SOUTHEAST BANK, N. A., 583 So. 2d 1083 (Fla. Dist. Ct. App. 1991)

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