The 2023 Florida Statutes (including Special Session C)
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. . . fees, costs); and (4) an action for Bautista REO’s violations of Florida usury laws under sections 687.04 . . . ' day, ARR sought a temporary injunction enjoining Bautista REO from continuing to violate sections 687.04 . . .
. . . have conflated the Florida law applicable to a “purge” agreement in a private contract under Section 687.04 . . . Plaintiffs argue there was no valid “purge” agreement under Section 687.04(2), which would preclude their . . .
. . . . § 687.04; Jersey Palm-Gross, Inc. v. Paper, 639 So.2d 664, 667 (Fla.Dist. . . .
. . . but he was required to forfeit double the interest he had collected as a penalty pursuant to section 687.04 . . . Sections 687.03, 687.04, and 687.071 proide statutory causes of action which allow a borrower to seek . . . See § 687.04. . . . Hart, 95 So.2d 18, 19-20 (Fla.1957) (noting that sections 687.04 and 687.071 recognize and define different . . . Contrary to Velletri’s assertions, no court has held that the remedies provided in sections 687.04 and . . .
. . . However, Section 687.04 provides that the interest on loans or advances of money greater than $500,000.00 . . .
. . . See § 687.04, Fla. Stat. . . .
. . . See § 687.04, Fla.Stat. (1993). . . .
. . . Under Florida law, sections 687.04 and 687.071, Florida Statutes (1993) provide statutory causes of action . . . See § 687.04, Fla.Stat. (1993). . . . usury pursuant to section 687.01, because the “savings” provisions of Florida’s usury laws, section 687.04 . . . Section 687.04(2) allows a lender a complete defense to civil usury if prior to the institution of an . . . of a usury savings clause to defeat a usury claim as a matter of law to be inconsistent with section 687.04 . . . 687.031(1), Florida Statutes (1975), or to the transfers of negotiable paper in certain cases, section 687.04 . . . To achieve the statutory purge, section 687.04(2) simply requires that, before any civil action has been . . .
. . . . § 687.04 expressly provides that when usurious interest “has been paid, then and in that event the . . . It is well settled under Florida law that both Fla.Stat. §§ 687.04 and 687.-071 provide statutory causes . . . See Fla.Stat. § 687.04; Dezell v. King, 91 So.2d 624 (Fla.1956). . . . interest from Omni on the Notes at rates in excess of the statutory máximums set forth in Fla.Stat. §§ 687.04 . . .
. . . The “savings clause” found in section 687.04(2), and as set forth in the promissory note applies only . . .
. . . provisions of 687.071(2) and (3) (see § 687.071(7), Fla.Stat.) but also to the civil penalty in section 687.04 . . . debt” under section 895.02(2)(a)3. includes a debt for interest legally unenforceable under section 687.04 . . .
. . . The pertinent portions of § 687.04, Florida Statutes, read as follows: Any person, or any agent, officer . . .
. . . Warren, 451 S.W.2d 921 (Tex.Civ.App.1970); compare § 687.04, Fla. . . .
. . . George, Margaret, and Elizabeth mortgage was double the interest actually collected, pursuant to section 687.04 . . . addition, if interest has been paid, double the amount of the interest received will be forfeited. § 687.04 . . . SMITH, C.J., and WENTWORTH, J., concur. . § 687.04, FIa.Stat. (1981), provides in pertinent part: 687.04 . . .
. . . The final judgment imposed a usury penalty of double the interest paid pursuant to section 687.04, Florida . . . we find to be error, no doubt contributed to by our original opinion in the case citing to section 687.04 . . . The statute in effect at the time of the decision herein, section 687.04, Florida Statutes (1981), provides . . .
. . . the totality of the circumstances, appellee failed to purge the usurious interest pursuant to section 687.04 . . . interest and whether appellee effectively purged itself of the usurious interest rate under section 687.04 . . .
. . . . § 687.04(2); and (3) that, assuming the civil penalty for criminal usury could be avoided by a timely . . . lower courts correctly ruled that the cure notice did not comply with the requirements of Fla.Stat. § 687.04 . . . provisions apply to criminally usurious loans, Beausejour did not comply with the requirements of § 687.04 . . . Fla.Stat.Ann. § 687.04(2). . . . Fla.Stat.Ann. § 687.04(2) (West Supp.1986). . . .
. . . . § 687.04(2); and (3) that, assuming the civil penalty for criminal usury could be avoided by a timely . . . lower courts correctly ruled that the cure notice did not comply with the requirements of Fla.Stat. § 687.04 . . . provisions apply to criminally usurious loans, Beausejour did not comply with the requirements of § 687.04 . . . Fla.Stat.Ann. § 687.04(2). . . . Fla.Stat.Ann. § 687.04(2) (West Supp.1986). . . .
. . . the amount of interest (the court imposed the double interest penalty for usury pursuant to section 687.04 . . . Section 687.04, Florida Statutes (1981), provides that a creditor to a usurious contract “shall forfeit . . . 61 Fla. 712, 54 So. 862 (1911), the Florida supreme court construed a predecessor statute to section 687.04 . . . contention is that the trial court erred in imposing the double interest penalty pursuant to section 687.04 . . . that the interest was not “reserved, taken, or exacted,” but was merely “contracted to be charged.” § 687.04 . . .
. . . . § 687.04. . . . the state court judgment and determine whether the interest charged is forfeited pursuant to F.S.A. § 687.04 . . .
. . . See § 687.04, Fla.Stat. (1983); 12 U.S.C. § 86 (1980). . . . .
. . . affirmed the denial of a right to a jury trial because the Cerritos’ claim of usury was based on Section 687.04 . . .
. . . This is an appeal from a usury judgment directing the recovery of double interest pursuant to section 687.04 . . . They sought double the interest “exacted, taken and received” by Sun Bank pursuant to section 687.04, . . .
. . . policy against usury, as the statute contemplates both the forfeiture of usurious interest, Section 687.04 . . .
. . . . §§ 687.03, 687.04, 687.07 (1966) (unenforceable if more than 10%, criminal if more than 25%); Mich.Comp.Laws . . .
. . . Next, CAC suggests the transaction was exempt from the usury statutes by virtue of Section 687.04(1), . . .
. . . I cannot agree with the majority’s construction of section 687.04. . . . In this case the Cerritos’ counterclaim was based upon section 687.04, Florida Statutes (1981), which . . . King, 91 So.2d 624 (Fla.1956), we conclude that section 687.04 does not create a legal cause of action . . .
. . . section 687.02, Florida Statutes (1981), they contend the note was usurious, and that under section 687.04 . . .
. . . . § 687.04(2). . . . . § 687.04(2). . . . Stat. § 687.04. This Section provides, in pertinent part, as follows: § 687.04. . . . The first sentence of § 687.04 indicates that a forfeiture of interest will occur if the provisions of . . . Clearly, in enacting § 687.04(2), the legislature did not intend for the lender to hold the key to the . . .
. . . The right of action afforded by Section 687.04, Florida Statutes (1975) is a right of action for money . . . be assessed when usurious interest has been collected is double the amount of the interest paid. § 687.04 . . .
. . . additional contentions that the trial court incorrectly cumulated the penalties provided in Sections 687.04 . . .
. . . . §§ 687.02, 687.03, 687.04, Fla.Stat. (1973). There are numerous exceptions to these provisions. . . .
. . . 687.03(1), Florida Statutes (1975), or to the transfers of negotiable paper in certain cases, section 687.04 . . .
. . . services other than inspections so as to make the transaction usurious and imposes damages under section 687.04 . . . reversed and this case is remanded for imposition of damages against the bank, pursuant to section 687.04 . . . If the 10% rate was exceeded the bank would be subject to the penalties provided in section 687.04, Florida . . .
. . . Second, the legislative history of section 687.04 juxtaposed against section 687.11 as interpreted by . . . Section 687.04 and 687.07, F.S.A. . . . As a consequence, section 687.04 retained its vitality as to individuals and as to corporations, but . . . If the double interest penalty of section 687.04 related to corporate borrowers was repealed in 1965 . . . Ch. 74 — 232, Laws of Florida. . § 687.04, Fla.Stat. (1975): 687.04 Penalty for usury, not to apply to . . .
. . . court analogized the balloon mortgage statute with a similar provision in the usury statute, Section 687.04 . . .
. . . F.S. 687.04 provides: “Any person, or any agent, officer or other representative of any person, willfully . . . Our own F.S. 687.04, though not applicable to a national bank, has similar wording and has been construed . . .
. . . . § 687.04. . . .
. . . The right of action afforded by Section 687.04, Florida Statutes (1975) is a right of action for money . . .
. . . excess of $500,000, then the penalty will be as provided elsewhere in Chapter 687, to wit: Section 687.04 . . .
. . . Section 687.04, Florida Statutes, provided that any person willfully violating the provisions of Section . . . Therefore, Sections 687.02, 687.03, 687.04, 687.07, and 687.11 were reenacted as the official law of . . . Sections 687.-02, 687.03, 687.04, and 687.11 were carried forward from the official 1967 statutes and . . . In 1974, Sections 687.02 and 687.04 were carried forward into the 1975 statutes unchanged. . . . However, Sections 687.02, 687.03, and 687.04 do now and always have provided penalties for the charging . . .
. . . plaintiff in the sum of $21,042.00, which represented a penalty of double interest pursuant to Section 687.04 . . . together with a judgment for plaintiff on defendants’ counterclaim for attorney’s fees under Section 687.04 . . . trial, we agree with the trial court’s judgment that attorney’s fees are not authorized under Section 687.04 . . .
. . . foreclosure, the court enlarged the penalty of forfeiture of interest prescribed by Florida Statutes § 687.04 . . .
. . . The record presented to us fails to show that ap-pellee willfully violated Section 687.04, Florida Statutes . . .
. . . loans taken in pari materia with a stockholders agreement were usurious and a violation of Sections 687.04 . . .
. . . . § 687.04, F.S.A., for recovery of interest resulting from a violation of F.S. § 687.03, F.S.A. . . .
. . . . § 687.04, F.S.A. . . .
. . . S. 687.02, 687.04 and 687.071, Laws of 1969, F.S.A. . . .
. . . A reading of section 687.04, Florida Statutes, makes it clear that forfeiture of usurious interest may . . . Insurance Agents Finance Corp., 99 So.2d 883 (Fla.App.1958), the court construed Section 687.04, Florida . . .
. . . . § 687.04. These contentions raise important issues of both fact and law. . . .
. . . S. section 687.04, F.S.A. . . . Appellants contend, and we agree, that F.S. section 687.04, F.S.A., on which the trial court relied as . . . court appellees suggested that even though the trial court may have improperly relied on F.S. section 687.04 . . . F.S. § 687.04, F.S.A. . . .
. . . usurious loans to corporations, of all conflicting penalty and forfeiture provisions embraced in F.S. 687.04 . . .
. . . Section 687.04 Fla.Stat., F.S.A., provides that such usurious interest is uncollectible, and that where . . .
. . . Section 687.04 provides that any lender wilfully violating the provisions of Section 687.03 shall forfeit . . . Section 687.04 and 687.07, F.S.A. . . . Furthermore, Section 687.11 repeals only so much of Section 687.04 with which it is clearly in conflict . . . Section 687.04 provides that anyone violating the 15 per cent per annum usury limit of F.S. . . .
. . . , that the entire interest be forfeited and the penalties be paid as provided under Florida Statute 687.04 . . .
. . . It is necessary to look to 687.04 for the penalty provisions of 687.03. . . . Section 687.04 provides for a forfeiture of “the entire interest so charged, or contracted to be charged . . . However, if the “usurious interest is taken or reserved, or has been paid”, 687.04 orders a forfeiture . . . Section 687.04 makes a distinction between instances where the interest is “charged, or contracted to . . . Thus, it is apparent that different penalties were provided for the two different situations in 687.04 . . .
. . . Sections 687.04 and 687.-07, F.S.A. . . . the amount exacted did not exceed twenty-five per cent (25%); thus no forfeiture provisions of F.S.A. 687.04 . . . Section 687.04, F.S.A., calling for forfeiture of interest only, sometimes referred to as the civil usury . . .
. . . $25,014.61 from 1-5-58 (date of Notice and Demand) to 6-30-58 (date of payment) factor .0274657_ = 687.04 . . .
. . . innocent party in this transaction, and is therefore not subject to any of the penalties provided in § 687.04 . . . Stat., F.S.A., and double the amount of the usurious interest which was paid, under § 687.04. . . . interest, be usury and unlawful if for a rate of interest greater than fifteen per cent per annum.” . § 687.04 . . .
. . . of interest greater than 10% per annum, and defendant asserted that she was entitled under Section 687.04 . . . Section 687.04, Florida Statutes, F.S.A., provides that one who willfully violates the provisions of . . . It is also provided by Section 687.04 that when said usurious interest has been taken or reserved, or . . . The reservation of the interest in this case in addition to ‘civil usury’ under §§ 687.03 and 687.04, . . . Since § 687.07 appears to comprehend a greater penalty than § 687.04, the amount of forfeiture in this . . .
. . . had charged usurious interest in connection with the March 20, 1957, transaction in violation of §§ 687.04 . . .
. . . carried forward in the successive statutory revisions, and now appears as Sections 687.02, 687.03, 687.04 . . .
. . . provides for forfeiture of the usurious interest reserved and for recovery of double such interest paid (§ 687.04 . . .
. . . to make it appear otherwise, was a loan at a usurious rate of interest, in violation of §§ 687.03, 687.04 . . . Section 687.04 provides that for wilful violation of the provisions of § 687.03 there is a forfeiture . . . Wilful violation as referred to in § 687.04, and “wilfully and knowingly” charging or accepting interest . . . for entry of a decree in favor of the plaintiffs and against the defendants as authorized under §§ 687.04 . . .
. . . usury statute, section 687.07, Florida Statutes, F.S.A., rather than the civil usury statute, section 687.04 . . .
. . . Section 687.04, F.S.A., imposes penalties for violation of § 687.03. . . . civil usury” been likewise applied to interest charged in violation of § 687.03 in conjunction with § 687.04 . . . for which, since usurious, the lender must forfeit double the amount of the interest reserved under § 687.04 . . . The reservation of the interest in this case in addition to “civil usury” under §§ 687.03 and 687.04, . . . Since § 687.07 appears to comprehend a greater penalty than § 687.04, the amount of forfeiture in this . . .
. . . Section 687.04 provides that whoever willfiitty violates the provisions of preceding Section 687.03 shall . . .
. . . Florida Statute, § 687.04, F.S.A., requires a wilful violation before the penalty provisions can be invoked . . .
. . . . § 687.04. . . .
. . . Hart, Fla.1957, 95 So.2d 18, held that the penalties provided for under §§ 687.04 and 687.07, Fla.Stat . . .
. . . Section 687.04 permits a borrower under such a usurious contract, which represents a wilful violation . . . These usury statutes (§§ 687.03 and 687.04, ibid.) show a clear legislative intent to prevent accomplishment . . . that the defendants are subject, therefore, to the penalties prescribed by the provisions of section 687.04 . . .
. . . See Section 687.04, Fla.Stat., F.S.A. . . . usury as provided by sections 4851 and 4852, Revised General Statutes of Fla.1920 (Sections 687.03, and 687.04 . . . The language of the penalty statute, (Sect. 687.04 Fla.Stat., F.S.A.) is all inclusive : “ * * * and . . .
. . . Walter, Inc., to be usurious and to visit upon the alleged usurers the consequences provided in Section 687.04 . . . F.S.A., and thus subject the payee and mortgagee to the penalties and forfeitures set forth in Section 687.04 . . .
. . . In the last cited case the court said at page 605 — “That these statutes [687.03, 687.04 and 687.07] . . .
. . . more than ten per cent per annum by any “contrivance or device,” and should be penalized under Sec. 687.04 . . .
. . . when one is found to have violated that statute, he may on the same facts be penalized also under Sec. 687.04 . . .
. . . double the amount of interest so exacted, taken and received by Defendants, in accordance with Section 687.04 . . . Section 687.04, F.S.A. prescribes the penalty for violation of Section 687.03 and provides that any one . . .
. . . . § 687.03, and § 687.04, F.S.A. . . .
. . . We are aware of the provision in Section 687.04, Florida Statutes 1951, and F.S.A., that in order to . . .
. . . Sturm, Fla., 65 So.2d 864; Sections 687.03, 687.04, Florida Statutes 1953, F.S.A. . . .
. . . amiss to point out that plaintiffs grounded their prayer for affirmative relief on Sections 687.03, 687.04 . . . The substance of these statutes require that any person who wilfully violates Section 687.04 shall forfeit . . .
. . . declaring the mortgagees’ note and mortgage usurious and imposing the forfeitures provided in Sec. 687.04 . . . The controlling statutes, Sec. 687.03 and 687.04, Florida Statutes, F.S.A., provide: “687.03 It shall . . . principal sum received, together with interest at the rate of ten per cent, as aforesaid. * * * ” “687.04 . . .
. . . , whether it may have the same declared usurious and avail itself of the relief provided by section 687.04 . . . Plaintiff is entitled to an application of the penalties provided in section 687.04. . . . in excess of 10 % but less than 25% per annum, calls for an application of the provisions of section 687.04 . . .
. . . the holders had constructive notice, imputed to them from agents and attorneys, and (c) under F.S. 687.04 . . . I hold, however, that the second clause or part of section 687.04, for forfeiture of double the amount . . .
. . . The master finds that double such amount of usurious interest as provided in section 687.04 is the amount . . . An attorney’s fee is allowable to plaintiffs under the provisions of section 687.04, which further provides . . .
. . . -money equal to 10 per cent upon the principal sum loaned and that pursuant to Sections 687.03 and 687.04 . . .
. . . See Sec. 687.03 and Sec. 687.04 Fla. Stats. 1941 (same F.S.A.). . . .
. . . clearing balance of $1,625.78; the other was given January 1, 1932, and was for a clearing balance of $687.04 . . .
. . . In any event, the item of $12,-687.04, designated “other expenditures,” should be eliminated until the . . .