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Florida Statute 687.04 | Lawyer Caselaw & Research
F.S. 687.04 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS
Chapter 687
INTEREST AND USURY; LENDING PRACTICES
View Entire Chapter
F.S. 687.04
687.04 Penalty for usury; not to apply in certain situations.Any person, or any agent, officer, or other representative of any person, willfully violating the provisions of s. 687.03 shall forfeit the entire interest so charged, or contracted to be charged or reserved, and only the actual principal sum of such usurious contract can be enforced in any court in this state, either at law or in equity; and when said usurious interest is taken or reserved, or has been paid, then and in that event the person who has taken or reserved, or has been paid, either directly or indirectly, such usurious interest shall forfeit to the party from whom such usurious interest has been reserved, taken, or exacted in any way double the amount of interest so reserved, taken, or exacted. However, the penalties provided for by this section shall not apply:
(1) To a bona fide endorsee or transferee of negotiable paper purchased before maturity, unless the usurious character should appear upon its face, or unless the said endorsee or transferee shall have had actual notice of the same before the purchase of such paper, but in such event double the amount of such usurious interest may be recovered after payment, by action against the party originally exacting the same, in any court of competent jurisdiction in this state, together with an attorney’s fee, as provided in s. 687.06; or
(2) If, prior to the institution of an action by the borrower or the filing of a defense under this chapter by the borrower or receipt of written notice by the lender from the borrower that usury has been charged or collected, the lender notifies the borrower of the usurious overcharge and refunds the amount of any overcharge taken, plus interest on the overcharge taken at the maximum lawful rate in effect at the time the usurious interest was taken, to the borrower and makes whatever adjustments in the appropriate contract or account as are necessary to ensure that the borrower will not be required to pay further interest in excess of the amount permitted by s. 687.03.
History.s. 3, ch. 4022, 1891; GS 3106; s. 3, ch. 5960, 1909; RGS 4852; CGL 6939; s. 1, ch. 79-90.

F.S. 687.04 on Google Scholar

F.S. 687.04 on Casetext

Amendments to 687.04


Arrestable Offenses / Crimes under Fla. Stat. 687.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 687.04.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BAUTISTA REO U. S. LLC, a v. ARR INVESTMENTS, INC. a, 229 So. 3d 362 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

BECK- FORD CONSTRUCTION, LLC, v. TCA GLOBAL CREDIT MASTER FUND, LP,, 240 F. Supp. 3d 1256 (S.D. Fla. 2017)

. . . 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 . . .

SECURITY LIFE OF DENVER INSURANCE COMPANY, v. D. SHAH D. v. J., 906 F. Supp. 2d 1334 (S.D. Ga. 2012)

. . . . § 687.04; Jersey Palm-Gross, Inc. v. Paper, 639 So.2d 664, 667 (Fla.Dist. . . .

VELLETRI, v. W. DIXON,, 44 So. 3d 187 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

L ARBALETE, INC. v. ZACZAC,, 474 F. Supp. 2d 1314 (S.D. Fla. 2007)

. . . However, Section 687.04 provides that the interest on loans or advances of money greater than $500,000.00 . . .

VIDEO TRAX, INC. a v. NATIONSBANK, N. A. a, 33 F. Supp. 2d 1041 (S.D. Fla. 1998)

. . . See § 687.04, Fla. Stat. . . .

B. KRAFT R. a a H. v. MASON,, 668 So. 2d 679 (Fla. Dist. Ct. App. 1996)

. . . See § 687.04, Fla.Stat. (1993). . . .

JERSEY PALM- GROSS, INC. v. PAPER V. III,, 639 So. 2d 664 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

In OMNI CAPITAL GROUP, LTD. d b a STEIN, v. LAVAY,, 157 B.R. 712 (Bankr. S.D. Fla. 1993)

. . . . § 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 . . .

PLANTATION VILLAGE LIMITED PARTNERSHIP OF SANIBEL, a J. A. a A. E. v. C. AYCOCK, H. O. G., 617 So. 2d 729 (Fla. Dist. Ct. App. 1993)

. . . The “savings clause” found in section 687.04(2), and as set forth in the promissory note applies only . . .

POLAKOFF, v. STATE, 586 So. 2d 385 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

In SUNCRETE CORPORATION, SUNCRETE CORPORATION, v. L. GLUSMAN,, 100 B.R. 102 (Bankr. M.D. Fla. 1989)

. . . The pertinent portions of § 687.04, Florida Statutes, read as follows: Any person, or any agent, officer . . .

PASTERNAK, v. BROOK,, 528 So. 2d 1354 (Fla. Dist. Ct. App. 1988)

. . . Warren, 451 S.W.2d 921 (Tex.Civ.App.1970); compare § 687.04, Fla. . . .

E. ROLLINS, T. L. v. J. D. ODOM, Jr., 519 So. 2d 652 (Fla. Dist. Ct. App. 1988)

. . . 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 . . .

CREDIT ALLIANCE CORPORATION, v. TIMMCO EQUIPMENT, INC. E., 507 So. 2d 657 (Fla. Dist. Ct. App. 1987)

. . . 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 . . .

A. GERGORA v. GOLDSTEIN PROFESSIONAL ASSOCIATION DEFINED BENEFITS PENSION PLAN AND TRUST,, 500 So. 2d 695 (Fla. Dist. Ct. App. 1987)

. . . 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 . . .

BEAUSEJOUR CORPORATION, N. V. v. OFFSHORE DEVELOPMENT COMPANY, INC., 802 F.2d 1319 (11th Cir. 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). . . .

BEAUSEJOUR CORPORATION, N. V. v. OFFSHORE DEVELOPMENT COMPANY, INC., 802 F.2d 1319 (11th Cir. 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). . . .

MEDINA, v. LAMONICA,, 492 So. 2d 809 (Fla. Dist. Ct. App. 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 . . .

In HAMLETT,, 63 B.R. 492 (Bankr. M.D. Fla. 1986)

. . . . § 687.04. . . . the state court judgment and determine whether the interest charged is forfeited pursuant to F.S.A. § 687.04 . . .

FIRST AMERICAN BANK TRUST, f k a a v. WINDJAMMER TIME SHARING RESORT, INC. a, 483 So. 2d 732 (Fla. Dist. Ct. App. 1986)

. . . See § 687.04, Fla.Stat. (1983); 12 U.S.C. § 86 (1980). . . . .

C. A. HOBBS, Jr. G. C. A. Jr. a v. FLORIDA FIRST NATIONAL BANK OF JACKSONVILLE,, 480 So. 2d 153 (Fla. Dist. Ct. App. 1985)

. . . affirmed the denial of a right to a jury trial because the Cerritos’ claim of usury was based on Section 687.04 . . .

SUN BANK OF TAMPA BAY, a v. SPIGRIN PROPERTIES, LTD. a F. A. a, 469 So. 2d 240 (Fla. Dist. Ct. App. 1985)

. . . 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, . . .

TITLE TRUST COMPANY OF FLORIDA, a v. O. PARKER T., 468 So. 2d 520 (Fla. Dist. Ct. App. 1985)

. . . policy against usury, as the statute contemplates both the forfeiture of usurious interest, Section 687.04 . . .

DURANTE BROS. AND SONS, INC. v. FLUSHING NATIONAL BANK,, 755 F.2d 239 (2d Cir. 1985)

. . . . §§ 687.03, 687.04, 687.07 (1966) (unenforceable if more than 10%, criminal if more than 25%); Mich.Comp.Laws . . .

CREDIT ALLIANCE CORPORATION, v. TIMMCO EQUIPMENT, INC., 457 So. 2d 1102 (Fla. Dist. Ct. App. 1984)

. . . Next, CAC suggests the transaction was exempt from the usury statutes by virtue of Section 687.04(1), . . .

CERRITO R. v. R. KOVITCH, Ed- Jo, 457 So. 2d 1021 (Fla. 1984)

. . . 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 . . .

R. BRANN, d b a s R. Jo v. FLAGSHIP BANK OF PINELLAS, N. A., 450 So. 2d 237 (Fla. Dist. Ct. App. 1984)

. . . section 687.02, Florida Statutes (1981), they contend the note was usurious, and that under section 687.04 . . .

In OFFSHORE DEVELOPMENT CORP. BEAUSEJOUR CORPORATION, v. OFFSHORE DEVELOPMENT CORP., 37 B.R. 96 (Bankr. M.D. Fla. 1984)

. . . . § 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 . . .

CERRITO R. v. R. KOVITCH Ed- Jo a, 423 So. 2d 1008 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

OFS EQUITIES, INC. v. CONDE,, 421 So. 2d 651 (Fla. Dist. Ct. App. 1982)

. . . additional contentions that the trial court incorrectly cumulated the penalties provided in Sections 687.04 . . .

MORGAN WALTON PROPERTIES, INC. v. INTERNATIONAL CITY BANK TRUST CO. F. MORGAN v. INTERNATIONAL CITY BANK TRUST CO., 404 So. 2d 1059 (Fla. 1981)

. . . . §§ 687.02, 687.03, 687.04, Fla.Stat. (1973). There are numerous exceptions to these provisions. . . .

CONTINENTAL MORTGAGE INVESTORS, a v. SAILBOAT KEY, INC. a, 395 So. 2d 507 (Fla. 1981)

. . . 687.03(1), Florida Statutes (1975), or to the transfers of negotiable paper in certain cases, section 687.04 . . .

A. N. ABRAMOWITZ, v. BARNETT BANK OF WEST ORLANDO L., 394 So. 2d 1033 (Fla. Dist. Ct. App. 1981)

. . . 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 . . .

NORTH AMERICAN MORTGAGE INVESTORS, a v. CAPE SAN BLAS JOINT VENTURE, a, 378 So. 2d 287 (Fla. 1979)

. . . 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 . . .

R. O NEIL, v. LORAIN NATIONAL BANK, a, 369 So. 2d 378 (Fla. Dist. Ct. App. 1979)

. . . court analogized the balloon mortgage statute with a similar provision in the usury statute, Section 687.04 . . .

ELLIS NATIONAL BANK OF TALLAHASSEE, a v. L. DAVIS L., 359 So. 2d 466 (Fla. Dist. Ct. App. 1978)

. . . 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 . . .

A. N. ABRAMOWITZ, v. BARNETT BANK OF WEST ORLANDO L., 356 So. 2d 329 (Fla. Dist. Ct. App. 1978)

. . . . § 687.04. . . .

D. SMITH a k a N. a k a v. BARNETT BANK OF MURRAY HILL, a, 350 So. 2d 358 (Fla. Dist. Ct. App. 1977)

. . . The right of action afforded by Section 687.04, Florida Statutes (1975) is a right of action for money . . .

CONTINENTAL MORTGAGE INVESTORS, a v. SAILBOAT KEY, INC. a, 354 So. 2d 67 (Fla. Dist. Ct. App. 1977)

. . . excess of $500,000, then the penalty will be as provided elsewhere in Chapter 687, to wit: Section 687.04 . . .

WOODGATE DEVELOPMENT CORPORATION, a R. F. C. v. HAMILTON INVESTMENT TRUST, a, 351 So. 2d 14 (Fla. 1977)

. . . 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 . . .

J. WELLS, v. FREEDMAN, 342 So. 2d 983 (Fla. Dist. Ct. App. 1977)

. . . 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 . . .

C. WASMAN, v. RUBINSON, 341 So. 2d 802 (Fla. Dist. Ct. App. 1977)

. . . foreclosure, the court enlarged the penalty of forfeiture of interest prescribed by Florida Statutes § 687.04 . . .

JONTON, INC. v. FIDELITY MORTGAGE INVESTORS, a, 327 So. 2d 109 (Fla. Dist. Ct. App. 1976)

. . . The record presented to us fails to show that ap-pellee willfully violated Section 687.04, Florida Statutes . . .

W. LITTLE v. CASWELL- DOYLE- JONES CORPORATION CASWELL- DOYLE- JONES CORPORATION, a v. GAINESWOOD DEVELOPMENT CORPORATION, 305 So. 2d 842 (Fla. Dist. Ct. App. 1975)

. . . loans taken in pari materia with a stockholders agreement were usurious and a violation of Sections 687.04 . . .

E. PADGETT v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LAKE WORTH, a, 297 So. 2d 101 (Fla. Dist. Ct. App. 1974)

. . . . § 687.04, F.S.A., for recovery of interest resulting from a violation of F.S. § 687.03, F.S.A. . . .

E. FEEMSTER, M. E. E. T. F. v. SCHURKMAN, d b a S S, 291 So. 2d 622 (Fla. Dist. Ct. App. 1974)

. . . . § 687.04, F.S.A. . . .

G. MORETTO v. SUSSMAN,, 274 So. 2d 259 (Fla. Dist. Ct. App. 1973)

. . . S. 687.02, 687.04 and 687.071, Laws of 1969, F.S.A. . . .

VANCE, L. v. FLORIDA REDUCTION CORPORATION, a, 263 So. 2d 585 (Fla. Dist. Ct. App. 1972)

. . . 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 . . .

C. I. T. CORPORATION, a v. M V MISS EILEEN, L. d b a, 447 F.2d 761 (5th Cir. 1971)

. . . . § 687.04. These contentions raise important issues of both fact and law. . . .

P. STAROS v. AVALON SHORES, INC. a P., 249 So. 2d 448 (Fla. Dist. Ct. App. 1971)

. . . 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. . . .

E. FIELDS, v. WILENSKY G., 247 So. 2d 477 (Fla. Dist. Ct. App. 1971)

. . . usurious loans to corporations, of all conflicting penalty and forfeiture provisions embraced in F.S. 687.04 . . .

CURTISS NATIONAL BANK OF MIAMI SPRINGS, v. E. SOLOMON,, 243 So. 2d 475 (Fla. Dist. Ct. App. 1971)

. . . Section 687.04 Fla.Stat., F.S.A., provides that such usurious interest is uncollectible, and that where . . .

TEL SERVICE CO. a G. E. A. v. GENERAL CAPITAL CORPORATION, a TEL SERVICE CO. a G. E. A. v. GENERAL CAPITAL CORPORATION,, 227 So. 2d 667 (Fla. 1969)

. . . 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. . . .

LORD H. N. B. v. O. HODGE, Sr., 209 So. 2d 692 (Fla. Dist. Ct. App. 1968)

. . . , that the entire interest be forfeited and the penalties be paid as provided under Florida Statute 687.04 . . .

AMERICAN ACCEPTANCE CORPORATION, v. P. SCHOENTHALER A., 391 F.2d 64 (5th Cir. 1968)

. . . 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 . . .

RIVER HILLS, INC. v. C. EDWARDS, 190 So. 2d 415 (Fla. Dist. Ct. App. 1966)

. . . 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 . . .

NATIONAL PNEUMATIC COMPANY, CHARLES FROST, AS AGENT FOR TRANSFEREES OF NATIONAL PNEUMATIC COMPANY, AND CHARLES FROST, INDIVIDUALLY v. THE UNITED STATES, 176 Ct. Cl. 660 (Ct. Cl. 1966)

. . . $25,014.61 from 1-5-58 (date of Notice and Demand) to 6-30-58 (date of payment) factor .0274657_ = 687.04 . . .

M. ROSS v. M. WHITMAN,, 181 So. 2d 701 (Fla. Dist. Ct. App. 1966)

. . . 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 . . .

GORDON, v. WEST FLORIDA ENTERPRISES OF PENSACOLA, INC., 177 So. 2d 859 (Fla. Dist. Ct. App. 1965)

. . . 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 . . .

In CONSTRUCTORS OF FLORIDA, INC. AMERICAN SURETY COMPANY OF NEW YORK, v. CORAL GABLES FIRST NATIONAL BANK CORAL GABLES FIRST NATIONAL BANK, v. AMERICAN SURETY COMPANY OF NEW YORK, 349 F.2d 595 (5th Cir. 1965)

. . . had charged usurious interest in connection with the March 20, 1957, transaction in violation of §§ 687.04 . . .

FIRST MORTGAGE CORPORATION OF VERO BEACH, a v. W. STELLMON I., 170 So. 2d 302 (Fla. Dist. Ct. App. 1964)

. . . carried forward in the successive statutory revisions, and now appears as Sections 687.02, 687.03, 687.04 . . .

CONNECTICUT MUTUAL LIFE INSURANCE COMPANY, a v. B. FISHER, T., 165 So. 2d 182 (Fla. Dist. Ct. App. 1964)

. . . provides for forfeiture of the usurious interest reserved and for recovery of double such interest paid (§ 687.04 . . .

LEE CONSTRUCTION CORP. a v. NEWMAN d b a Co., 143 So. 2d 222 (Fla. Dist. Ct. App. 1962)

. . . 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 . . .

DIVERSIFIED ENTERPRISES, INC. a v. O. WEST,, 141 So. 2d 27 (Fla. Dist. Ct. App. 1962)

. . . usury statute, section 687.07, Florida Statutes, F.S.A., rather than the civil usury statute, section 687.04 . . .

E. B. BROWN, v. HOME CREDIT CO., 137 So. 2d 887 (Fla. Dist. Ct. App. 1962)

. . . 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 . . .

E. TRAVERS W. v. E. TILTON H., 134 So. 2d 807 (Fla. Dist. Ct. App. 1961)

. . . Section 687.04 provides that whoever willfiitty violates the provisions of preceding Section 687.03 shall . . .

A. BROWN, v. K. RODES,, 132 So. 2d 304 (Fla. Dist. Ct. App. 1961)

. . . Florida Statute, § 687.04, F.S.A., requires a wilful violation before the penalty provisions can be invoked . . .

CONNER AIR LINES, INC. F. A. v. AVIATION CREDIT CORPORATION, L. B. L. B. AVIATION CREDIT CORPORATION, v. CONNER AIR LINES, INC. F. A. G., 280 F.2d 895 (5th Cir. 1960)

. . . . § 687.04. . . .

CORAL GABLES FIRST NATIONAL BANK, v. CONSTRUCTORS OF FLORIDA INC. CONSTRUCTORS OF FLORIDA INC. v. CORAL GABLES FIRST NATIONAL BANK, AMERICAN SURETY COMPANY OF NEW YORK, v. CORAL GABLES FIRST NATIONAL BANK, CITY OF WEST PALM BEACH, v. CORAL GABLES FIRST NATIONAL BANK,, 119 So. 2d 741 (Fla. Dist. Ct. App. 1960)

. . . Hart, Fla.1957, 95 So.2d 18, held that the penalties provided for under §§ 687.04 and 687.07, Fla.Stat . . .

GILBERT, v. DORIS R. CORPORATION, a M. R., 111 So. 2d 682 (Fla. Dist. Ct. App. 1959)

. . . 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 . . .

H. WENCK R. v. INSURANCE AGENTS FINANCE CORPORATION, a, 99 So. 2d 883 (Fla. Dist. Ct. App. 1958)

. . . 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 . . .

DILLON v. J. W. WALTER,, 98 So. 2d 391 (Fla. Dist. Ct. App. 1957)

. . . 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 . . .

SHELLEY v. WHITE, 11 Fla. Supp. 107 (Pinellas Cty. Civ. & Crim. Ct. Rec. 1957)

. . . In the last cited case the court said at page 605 — “That these statutes [687.03, 687.04 and 687.07] . . .

J. MEARS v. MAYBLUM,, 96 So. 2d 223 (Fla. 1957)

. . . more than ten per cent per annum by any “contrivance or device,” and should be penalized under Sec. 687.04 . . .

ROSENBLUM, v. HART,, 95 So. 2d 18 (Fla. 1957)

. . . when one is found to have violated that statute, he may on the same facts be penalized also under Sec. 687.04 . . .

G. DEZELL, v. C. KING,, 91 So. 2d 624 (Fla. 1956)

. . . 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 . . .

R. HOLLAND, We Co. a Co. a v. GROSS,, 89 So. 2d 255 (Fla. 1956)

. . . . § 687.03, and § 687.04, F.S.A. . . .

SPEIER, v. MONNAH PARK BLOCK COMPANY, W. B. E., 84 So. 2d 697 (Fla. 1955)

. . . We are aware of the provision in Section 687.04, Florida Statutes 1951, and F.S.A., that in order to . . .

YAFFEE, v. INTERNATIONAL COMPANY, a, 80 So. 2d 910 (Fla. 1955)

. . . Sturm, Fla., 65 So.2d 864; Sections 687.03, 687.04, Florida Statutes 1953, F.S.A. . . .

A. YOUNG C. v. S. S. WILDER,, 77 So. 2d 604 (Fla. 1955)

. . . 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 . . .

MINDLIN, a v. DAVIS, 74 So. 2d 789 (Fla. 1954)

. . . 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 . . .

INTERNATIONAL COMPANY, v. YAFFEE, 6 Fla. Supp. 17 (Dade Cty. Cir. Ct. 1954)

. . . , 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 . . .

MAHER v. KLEIN,, 7 Fla. Supp. 106 (Dade Cty. Cir. Ct. 1954)

. . . 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 . . .

CAREY v. PEOPLES MORTGAGE CORPORATION,, 4 Fla. Supp. 37 (Dade Cty. Cir. Ct. 1953)

. . . 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 . . .

CHAKFORD v. STURM, 65 So. 2d 864 (Fla. 1953)

. . . -money equal to 10 per cent upon the principal sum loaned and that pursuant to Sections 687.03 and 687.04 . . .

KATHRYN C. MAULE, MAULE INDUSTRIES, v. DON D. ECKIS ZELLA M. ECKIS, H. J. SIMONS EMOGENE SIMONS,, 156 Fla. 790 (Fla. 1946)

. . . See Sec. 687.03 and Sec. 687.04 Fla. Stats. 1941 (same F.S.A.). . . .

MARLBORO TRUST CO. v. ELLIOTT KRUPNICK v. PEOPLES STATE BANK OF SOUTH CAROLINA, 86 F.2d 315 (4th Cir. 1936)

. . . clearing balance of $1,625.78; the other was given January 1, 1932, and was for a clearing balance of $687.04 . . .

DARNELL v. EDWARDS, 209 F. 99 (S.D. Miss. 1913)

. . . In any event, the item of $12,-687.04, designated “other expenditures,” should be eliminated until the . . .