The 2023 Florida Statutes (including Special Session C)
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. . . Insert definition of loan sharking from §687.071 Fla. Stat. . . .
. . . (specifically declaring unenforceable various sales, distribution, and franchise relationships); § 687.071 . . .
. . . costs); and (4) an action for Bautista REO’s violations of Florida usury laws under sections 687.04 and 687.071 . . . ARR sought a temporary injunction enjoining Bautista REO from continuing to violate sections 687.04, 687.071 . . .
. . . Insert definition of loan sharking from § 687.071 Fla. Stat. . . . the production of pornography, § 787.06(2)(c), Fla.- Stat--Insert definition of-loan-sharking from § 687.071 . . .
. . . Insert definition of loan sharking from § 687.071 Fla. Stat. . . . Insert definition of loan sharking from § 687.071, Fla. Stat. . . .
. . . . § 687.03 & 687.071 Fla. . . . Stat.] §§ 687.03 and 687.071” (id. ¶ 79), and as a result, “the [2007 agreement letter is] unenforceable . . . Stat. §§ 687.03, 687.071. . . .
. . . . §§ 687.071(2) & (3), Fla. Stat. (2005). . . . receiving the entire stated amount of the loan up front, the spreading statute contained in section 687.071 . . .
. . . . §§ 687.03, 687.071; St. Petersburg Bank & Trust Co. v. . . .
. . . Sections 687.03, 687.04, and 687.071 proide statutory causes of action which allow a borrower to seek . . . See § 687.071(2). . . . See § 687.071(7). . . . See § 687.071(7) (“No extension of credit made in violation of any of the provisions of this section . . . She contends that she should be entitled to both cancellation of the note under section 687.071(7) and . . .
. . . . § 687.071. . . . Stat. § 687.071 provides that it is criminal usury for any person making an extension of credit to any . . .
. . . . § 687.071, Fla. Stat. (2003). . . .
. . . interest than the equivalent of 18 percent per annum simple interest are hereby declared usurious”); § 687.071 . . .
. . . . § 687.071. . . .
. . . Section 687.02(1) cross references § 687.071 which provides that: “If such loan, advance of money, line . . . contract to pay interest thereon is usurious unless the rate of interest exceeds the rate prescribed in s. 687.071 . . . Section 687.071(7) provides that no “extension of credit” charging interest and payments in excess of . . . “any other obligation whatsoever” or an “extension of credit” as contemplated by § 687.02(1) and § 687.071 . . .
. . . Section 687.071(2), Florida Statutes (1993), defines criminal usury as the willful and knowing charge . . . The civil penalty for violating this statute is forfeiture of the entire principal amount. § 687.071( . . . contracts whereas the agreements sued upon in counts II, III, IV, VI and VII were usurious under section 687.071 . . .
. . . Valliap-pan attempts to bring the transaction within the criminal usury statute, section 687.071(2), . . . Of significance in a civil case, section 687.071(7) provides that “[n]o extension of credit made in violation . . .
. . . . § 1635; and 6) resulted in criminal usury pursuant to Florida Statute § 687.071. . . . Section 687.071 of the Florida Statutes provides a statutory remedy to a borrower against a lender who . . . STAT. § 687.071(2). . . . STAT. § 687.071(7). . . .
. . . Section 687.071(3), Florida Statutes (2003), provides that anyone who willfully and knowingly charges . . . Any person who lends money contrary to section 687.071(3) is by definition a “loan shark.” § 687.071( . . . Section 687.071(7) provides that, “No extension of credit made in violation of any of the provisions . . . instant loan is approximately 92.3% per annum, which is clearly criminally usurious pursuant to section 687.071 . . . (3), Florida Statutes, and unenforceable according to section 687.071(7). . . .
. . . Section 687.071, entitled “Criminal usury, loan sharking; shylocking,” provides: (2) Unless otherwise . . . But for loans exceeding $500,000 the operative statute is section 687.071. . . . Sections 687.071(2) and (3). . . . equates to an interest rate which is calculable and which exceeds the permissible amount in section 687.071 . . . ; Count 3, Declaratory Judgment, Usury, second transaction, under section 687.071; Count 4: Usury, second . . .
. . . contract to pay interest thereon is usurious unless the rate of interest exceeds the rate prescribed in s. 687.071 . . .
. . . Moreover, under section 687.071(3), Fla. . . .
. . . plaintiffs theory was that appellant drafted a note which violated the criminal usury statute, section 687.071 . . . Section 687.071(2) makes it a second degree misdemeanor to “willfully and knowingly charge, take, or . . .
. . . . § 687.071(2) and (3). . . . . § 687.071(2). . . . . § 687.071(3). . . .
. . . See § 687.071, Fla.Stat. (1993). . . .
. . . usurious and ordered that Gross forfeit the entire principal amount of the loan pursuant to section 687.071 . . . Section 687.071(2), Florida Statutes (1993), defines criminal usury as the willful and knowing charge . . . The civil penalty for violating this statute is forfeiture of the entire principal amount. § 687.071( . . .
. . . carried a criminally usurious rate of interest (64.3%) and therefore was unenforceable under Section 687.071 . . .
. . . Under Florida law, sections 687.04 and 687.071, Florida Statutes (1993) provide statutory causes of action . . . See § 687.071, Fla. Stat. (1993). . . .
. . . Fla.Stat. § 687.071(7) provides that “no extension of credit made in violation of any of the provisions . . . In the case of a loan which rises to the level of criminal usury under Fla.Stat. § 687.071, the entire . . . Omni on the Notes at rates in excess of the statutory máximums set forth in Fla.Stat. §§ 687.04 and 687.071 . . . Stat. § 687.071, Defendant’s set-off defense and counterclaim cannot be sustained. . . . . § 687.071(7) unequivocally provides that a criminally usurious loan is not an enforceable debt. . . .
. . . charging, taking or receiving of usurious interest as to the two Bigloo loans, in violation of section 687.071 . . .
. . . Appellants have pleaded usury under section 687.071, criminal usury. . . .
. . . finance company, or that it is engaging in a business method which involves criminal usury under section 687.071 . . .
. . . Sections 687.02, 687.071, Fla.Stat. (1989). . . .
. . . In a supplement to her motion, Mer-tens stated that Section 687.071(5), Florida Statutes (1989), declares . . . The division also makes reference to section 687.071(6), dealing with criminal usury, loan sharking, . . . is nothing in the record that indicates that Mertens is the target of an investigation under section 687.071 . . . reasonable for Mertens to believe that she might eventually be subject to criminal prosecution under section 687.071 . . .
. . . This case involves the inter-relationship of section 687.071(3), Florida Statutes, of the usury statute . . . 1988, the defendant made a loan of $10,000 in money to Ozzie Williams that was usurious under section 687.071 . . . a loan of $13,000 (or $15,000 or $17,-000) in money to Haya Bigloo that was usurious under section 687.071 . . . 1988, the defendant made a loan of $10,000 in money to Lelia Bryant that was usurious under section 687.071 . . . Section 687.071(3) makes it a third degree felony to willfully and knowingly charge, take or receive . . .
. . . See § 687.071, Fla.Stat. (1989). This evidence was presented to a federal grand jury. . . .
. . . the loans described above were usurious and unenforceable under the provisions of sections 687.03 and 687.071 . . . of 25%, but not in excess of 45% per annum, which resulted in criminal usury in violation of Section 687.071 . . . Stock are unenforceable against IMC under the laws of Florida, including but not limited to Section 687.071 . . . The court below erred in finding the Loans criminally usurious and unenforceable under section 687.071 . . . Having determined that the loan transactions are not usurious under sections 687.-03 and 687.071 and . . .
. . . Florida Statutes Section 687.071(2). . . .
. . . on an alleged conspiracy to charge and collect usurious interest in violation of Florida Statutes § 687.071 . . .
. . . Trading actually expended constituted interest in excess of the lawful rate in violation of section 687.071 . . . the $45,000 provided by Florida Trading cannot constitute usurious interest in violation of section 687.071 . . .
. . . The legal effect of that determination, as the trial court also correctly held, and as section 687.071 . . . Accordingly the judgment below is Affirmed. . 687.071 Criminal usury, loan sharking; shy-locking. (7) . . .
. . . instead of a sales context, such rate would be punishable by the felony loansharking provisions of § 687.071 . . .
. . . . § 687.071(7), Fla.Stat. (1985). See, generally, Bermil Corporation v. . . .
. . . Usury Count II, the Usury Count, travels upon Florida Statutes 687.02 and 687.071. . . . in the two severable contracts violates the Criminal Usury Section of the Florida Statutes, Section 687.071 . . . Once again, in order for this Court to determine that criminal usury exists as outlined in Section 687.071 . . .
. . . Section 687.071(3), Florida Statutes. . Sections 777.04 and 812.014, Florida Statutes. . . . .
. . . Section 687.071(2) states in part: Unless otherwise specifically allowed by law, any person making an . . . percent per year but not in excess of 45 percent per year, forfeits the right to collect the debt. § 687.071 . . . reserved, taken, or exacted in any way double the amount of interest so reserved, taken, or exacted_ . § 687.071 . . .
. . . . § 687.071 (the Florida usury statute) and prays that Open Door’s notes be cancelled and that all principal . . . Fla.Stat. § 687.071(3) provides, in pertinent part: ... any person making an extension of credit to any . . .
. . . transactions, demonstrates that the transaction is criminally usurious as defined by Florida Statute § 687.071 . . . See Fla.Stat. § 687.071. . . .
. . . These payments are far in excess of the 45 percent limitation provided under Fla.Stat. 687.071 which . . .
. . . . § 687.071(7) could not have been avoided by a timely cure notice pursuant to Fla.Stat. § 687.04(2); . . . Stat. § 687.071(7) can be avoided by a timely cure notice. I. . . . the bankruptcy court’s decision that the civil penalty for criminal usury imposed by Fla.Stat.Ann. § 687.071 . . . whether a complete cure notice would have allowed Beausejour to avoid the civil penalty imposed by § 687.071 . . . Fla.Stat.Ann. § 687.071(7) (West Supp.1986). . . . .
. . . . § 687.071(7) could not have been avoided by a timely cure notice pursuant to Fla.Stat. § 687.04(2); . . . Stat. § 687.071(7) can be avoided by a timely cure notice. I. . . . the bankruptcy court’s decision that the civil penalty for criminal usury imposed by Fla.Stat.Ann. § 687.071 . . . whether a complete cure notice would have allowed Beausejour to avoid the civil penalty imposed by § 687.071 . . . Fla.Stat.Ann. § 687.071(7) (West Supp.1986). . . . .
. . . 932.704, Florida Statutes (1983), alleging, inter alia, that the vehicle was used in violation of Section 687.071 . . . commission of or in aiding or abetting in the commission of a felony, to wit: violations of Section 687.071 . . . , although the court found that the evidence clearly proved criminal usury as proscribed by section 687.071 . . . Section 687.071(3), Florida Statutes (1983), provides that, unless specifically allowed by law, any person . . . Thus, we believe that the forbearance aspect of section 687.071 is applicable and that FDLE adequately . . .
. . . the claim that the transaction was criminally usurious, thus, totally unenforceable by virtue of F.S. 687.071 . . . Section 687.071 Fla. Stat. (1977) provides in pertinent part: § 687.071. . . . or renew a loan of money or any agreement for forbearance to enforce the collection of such loan.” § 687.071 . . . between Maranatha and Kreimer, as lenders and Mickler, via Strother, as borrower, is violative of § 687.071 . . .
. . . Trust raises essentially two points on appeal, both of which relate to Florida’s usury statute, Section 687.071 . . . See Sections 687.071(3) and (7), Florida Statutes (1983). . . . usurious interest, Section 687.04, as well as the non-enforcement of a criminally usurious debt, Section 687.071 . . . that the underlying loan transaction here involved criminal usurious activity as defined by Section 687.071 . . .
. . . . §687.071(7) (1983). . . . appellate jurisdiction on the obviously meritless ground that the District Court of Appeal had held § 687.071 . . . petition for a writ of certiorari in this Court, asserting that the state courts’ failure to apply § 687.071 . . .
. . . Count II claims a violation of § 687.071, Florida Statutes and seeks a total forfeiture of a $500,000 . . . Count IV attacks the October 20 note as usurious and violative of § 687.071 Florida Statutes. . . .
. . . . §§ 687.03(1), 687.071, Fla.Stat. (1983). . . .
. . . The appellants were found to have violated Section 687.071(2), Florida Statutes (1983) which provides . . .
. . . thereby rendering the alleged indebtedness unenforceable under the Criminal Usury Statute, section 687.071 . . . admitted that the interest rates implicit in the notes were in excess of the amounts permitted in section 687.071 . . . Argento also alleged that after discovering the infraction of section 687.071, she disavowed and repudiated . . . Section 687.071(3), Florida Statutes (1983), provides: Unless otherwise specifically allowed by law, . . . regard to the intent of Argento to violate Florida usury laws, that there was a violation of section 687.071 . . .
. . . . § 687.071(7) which cannot be purged by sending a notice pursuant to Fla.Stat. § 687.04(2). . . . In addition, subsection (3) of § 687.071 contains the phrase, “unless otherwise specifically allowed . . . One court has reasoned that this language signifies that the provisions of § 687.071 must be read in . . . applies to violations of the provisions of § 687.071 which constitute criminal usury. . . . Under § 687.071(3), his conduct would constitute a felony in the third degree. . . .
. . . rate on the loan secured by the mortgage at a rate in excess of 25% per annum in violation of Chap. 687.071 . . . Section 687.071(2), (3) and (7), Florida Statutes (1981). . . . government, is not subject to the forfeiture provision of the state usury law, Florida Statutes, § 687.071 . . . Section 687.071(7) of the Florida Statutes imposes a penalty on creditors who violate Florida’s criminal . . . such a penalty against the FDIC, as an instrumentality of the United States it is not subject to § 687.071 . . .
. . . Conde, asserting that the interest charged on the mortgage note exceeded twenty-five per cent, see § 687.071 . . .
. . . reserve, charge, or take interest thereon unless the rate of interest exceeds the rate prescribed in s.687.071 . . . determine the usury rate on loans greater than $500,000, section 687.03 must be read together with section 687.071 . . .
. . . of interest on this loan was 46 percent and therefore usurious under § 687.03 (civil remedy) and § 687.071 . . .
. . . . § 687.071(7), which provides, “No extension of credit made in violation of any of the provisions of . . .
. . . In 1969, the legislature enacted section 687.071 which repealed section 687.07 and substituted different . . .
. . . In Wilensky the parties had entered into the usurious transaction prior to the enactment of Section 687.071 . . . Section 687.071 was enacted to provide criminal penalties where extensions of credit were made in violation . . . Although Section 687.071, Florida Statute (1969) was unquestionably effective in January 1970 when the . . . is also subject to the penalty of forfeiture of the principal would, in essence, be giving Section 687.071 . . . the trial judge erred in not applying the penalty of forfeiture of the principal pursuant to Section 687.071 . . .
. . . In 1969, the legislature enacted Section 687.071, Florida Statutes, which repealed Section 687.07, Florida . . .
. . . In 1969, § 687.071 was enacted, repealing § 687.07. . . .
. . . Appellees were charged by information with criminal usury, loansharking, and shy-locking in violation of 687.071 . . . They moved to dismiss the criminal charges on the ground that they are immune from prosecution under § 687.071 . . . introduced into evidence a page from appellees’ ledger reflecting the transaction with Alberta York. § 687.071 . . . foregoing statute relates only to immunity arising out of an investigation, proceeding or trial under § 687.071 . . . It is substantially the same as the specific immunity statute set forth in § 687.071(6). § 914.04 provides . . .
. . . .-02, 687.03 and 687.071(7), Florida Statutes. . . .
. . . therefore the note should be surrendered and the mortgage cancelled pursuant to Florida Statutes § 687.071 . . .
. . . See § 687.071, Fla.Stat, F.S.A. . . .
. . . General Capital Corporation, 227 So.2d 667 (Fla.1969), concerning the applicability of Section 687.071 . . .
. . . for a shorter period of time, The Respondent has committeed (sic) a felony in violation of Section 687.071 . . . equivalent rate for a shorter period of time, the Respondent has committed a felony in violation of Section 687.071 . . . equivalent rate for a shorter period of time, the Respondent has committed a felony in violation of Section 687.071 . . .
. . . in pari materia with a stockholders agreement were usurious and a violation of Sections 687.04 and 687.071 . . .
. . . . §§ 687.07 and 687.071, F.S.A.1971. . . . trial court was correct in holding Count I did not state a cause of action under F.S. § 687.07 or § 687.071 . . . The first section of that chapter added § 687.071 to the Florida Statutes. . . . Section 687.071 provides criminal penalties for usury in excess of 25% and further provides that “no . . . However, F.S. § 687.071, F.S.A., is not retroactive. Wilensky v. . . .
. . . . §§ 687.03 or 687.071 (1971), F.S.A. . . .
. . . Section 687.071, F.S.A., was then in effect, having repealed Section 687.07. . . . provide much stiffer penalties for “loan sharks” and “shylocks,” as those terms are defined in Section 687.071 . . . entered by the trial court on December 27, 1971, in favor of Sharp, adjudging that pursant to Fla.Stat. 687.071 . . . Ch. 69-135 Laws of Florida repealed Florida Statute 687.07, F.S.A., Fla.Stat. 687.071, F.S.A. was enacted . . .
. . . S. 687.02, 687.04 and 687.071, Laws of 1969, F.S.A. . . .
. . . to its civil provision, § 687.071(7). . . . Our present § 687.071 (7) plainly says that such a loan “shall not be an enforceable debt.” . . . beginning of subsections (2) and (3) of § 687.071 as referring to § 687.11 (interest only). . . . Only § 687.071(7) does. . . . Recovery is denied under civil § 687.071(7). Judge Mager and I reach the same conclusion. . . . . § 687.071] [F.S.A.] providing criminal penalties for usurious transactions and declaring any debt made . . . This argument was found by the trial court to be without merit because it concluded that “§ 687.071 ( . . . Section 687.071 (7), F.S.A., enacted by the Florida Legislature in 1969 as part of Chapter 69-135 which . . . Section 687.07 F.S.A., the District Court, sub judice, erroneously concluded that F.S. § 687.071 F.S.A . . . The trial court was correct in concluding that 687.071 was inapplicable and that only the interest on . . .
. . . note bore to the bonus, it readily becomes apparent the note is within the ambit of Florida Statute 687.071 . . . Whether the note is a valid obligation or whether it is unenforceable under § 687.071(7) depends, as . . . Section 687.071 added by ch. 69—135, became effective October 1, 1969. . . . See Florida Statute 687.071 (1969), F.S. A. . . .
. . . The court finds that § 687.071(7) applies only to acts done since the effective date of Chapter 69-135 . . . Section 687.071(2), (3) provides criminal penalties for extensions of credit in excess of twenty-five . . . Subsection 7 of Section 687.071(1) provides: “No extension of credit made in violation of any of the . . . It appears to have been the legislative intent in the enactment of Section 687.071 to not only provide . . . We have considered the contentions of the plaintiff that the provisions of Section 687.071 cannot be . . .