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Florida Statute 687.071 | Lawyer Caselaw & Research
F.S. 687.071 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. 687.071
687.071 Criminal usury, loan sharking.
(1) DEFINITIONS.The following words and phrases, as used in this section, shall have the following meanings:
(a) “Person” shall be construed to be defined as provided in s. 1.01.
(b) “Creditor” means any person who makes an extension of credit or any person claiming by, under, or through such person.
(c) “Debtor” means any person who receives an extension of credit or any person who guarantees the repayment of a loan of money for another person.
(d) “Extension of credit” means to make or renew a loan of money or any agreement for forbearance to enforce the collection of such loan.
(e) “Extortionate extension of credit” means any extension of credit whereby it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(f) “Loan shark” means any person as defined herein who lends money unlawfully under subsection (2), subsection (3), or subsection (4).
(g) “Loan sharking” means the act of any person as defined herein lending money unlawfully under subsection (2), subsection (3), or subsection (4).
(2) Unless otherwise specifically allowed by law, any person making an extension of credit to any person, who shall willfully and knowingly charge, take, or receive interest thereon at a rate exceeding 25 percent per annum but not in excess of 45 percent per annum, or the equivalent rate for a longer or shorter period of time, whether directly or indirectly, or conspires so to do, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Unless otherwise specifically allowed by law, any person making an extension of credit to any person, who shall willfully and knowingly charge, take, or receive interest thereon at a rate exceeding 45 percent per annum or the equivalent rate for a longer or shorter period of time, whether directly or indirectly or conspire so to do, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who shall knowingly and willfully make an extortionate extension of credit to any person or conspire so to do commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In any prosecution under this subsection, evidence that the creditor then had a reputation in the debtor’s community for the use or threat of use of violence or other criminal means to cause harm to the person, reputation, or property of any person to collect extensions of credit or to punish the nonrepayment thereof shall be admissible.
(5) Books of account or other documents recording extensions of credit in violation of subsections (3) or (4) are declared to be contraband, and any person, other than a public officer in the performance of his or her duty, and other than the person charged such usurious interest and person acting on his or her behalf, who shall knowingly and willfully possess or maintain such books of account or other documents, or conspire so to do, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(6) No person shall be excused from attending and testifying or producing any books, paper, or other document before any court upon any investigation, proceeding, or trial, for any violation of this section upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to convict him or her of a crime or subject the person to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against the person upon any criminal investigation or proceeding.
(7) No extension of credit made in violation of any of the provisions of this section shall be an enforceable debt in the courts of this state.
History.s. 1, ch. 69-135; s. 676, ch. 71-136; s. 747, ch. 97-102; s. 1, ch. 2009-22.

F.S. 687.071 on Google Scholar

F.S. 687.071 on Casetext

Amendments to 687.071


Arrestable Offenses / Crimes under Fla. Stat. 687.071
Level: Degree
Misdemeanor/Felony: First/Second/Third

S687.071 2 - FRAUD - LOAN SHARKING INTEREST EXCEEDS 25 UP TO 45 PCT - M: S
S687.071 3 - FRAUD - LOAN SHARKING INTEREST EXCEEDS 45 PCT - F: T
S687.071 4 - EXTORT - LOAN SHARKING CREDIT EXTENSION - F: S
S687.071 5 - FRAUD - POSS LOAN SHARKING EXTORTION DOCS - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 267 So. 3d 980 (Fla. 2019)

. . . Insert definition of loan sharking from §687.071 Fla. Stat. . . .

GABLES INSURANCE RECOVERY, INC. v. CITIZENS PROPERTY INSURANCE CORPORATION,, 261 So. 3d 613 (Fla. App. Ct. 2018)

. . . (specifically declaring unenforceable various sales, distribution, and franchise relationships); § 687.071 . . .

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

. . . 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 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 176 So. 3d 938 (Fla. 2015)

. . . 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 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 692 (Fla. 2013)

. . . Insert definition of loan sharking from § 687.071 Fla. Stat. . . . Insert definition of loan sharking from § 687.071, Fla. Stat. . . .

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

. . . . § 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. . . .

NORTHWOOD SG, LLC, SG LLC, SG LLC, SG LLC, v. BUILDER FINANCIAL CORPORATION, LLC, BFSPE, LLC, BFWEST, LLC, WESTLB AG, LLC,, 76 So. 3d 3 (Fla. Dist. Ct. App. 2011)

. . . . §§ 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 . . .

G. MORALES, v. GRASSY KEY BEACH SUBDIVISION, INC., 50 So. 3d 639 (Fla. Dist. Ct. App. 2010)

. . . . §§ 687.03, 687.071; St. Petersburg Bank & Trust Co. v. . . .

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

. . . 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 . . .

In TRANSCAPITAL FINANCIAL CORPORATION,, 433 B.R. 900 (Bankr. S.D. Fla. 2010)

. . . . § 687.071. . . . Stat. § 687.071 provides that it is criminal usury for any person making an extension of credit to any . . .

SARALEGUI v. SACHER, ZELMAN, VAN SANT PAUL, BEILY, HARTMAN WALDMAN, P. A. GNT LLC, GBH,, 19 So. 3d 1048 (Fla. Dist. Ct. App. 2009)

. . . . § 687.071, Fla. Stat. (2003). . . .

E. BONILLA, v. YALE MORTGAGE CORPORATION,, 15 So. 3d 943 (Fla. Dist. Ct. App. 2009)

. . . interest than the equivalent of 18 percent per annum simple interest are hereby declared usurious”); § 687.071 . . .

J. ARMSTRONG, L. v. COLONIAL BANK, N. A., 295 F. App'x 358 (11th Cir. 2008)

. . . . § 687.071. . . .

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

. . . 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 . . .

PINCHUCK, v. CANZONERI,, 920 So. 2d 713 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

VALLIAPPAN, v. CRUZ,, 917 So. 2d 257 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

In R. ROBERTSON, R. v., 333 B.R. 894 (Bankr. M.D. Fla. 2005)

. . . . § 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). . . .

LAWYERS TITLE INSURANCE CORPORATION, v. A. WELLS, 881 So. 2d 668 (Fla. Dist. Ct. App. 2004)

. . . 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). . . .

OREGRUND LIMITED PARTNERSHIP, v. D. SHEIVE,, 873 So. 2d 451 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

BETTS, v. ADVANCE AMERICA,, 213 F.R.D. 466 (M.D. Fla. 2003)

. . . contract to pay interest thereon is usurious unless the rate of interest exceeds the rate prescribed in s. 687.071 . . .

In DIAGNOSTIC INSTRUMENT GROUP, INC. H. C. v., 276 B.R. 302 (Bankr. M.D. Fla. 2002)

. . . Moreover, under section 687.071(3), Fla. . . .

T. J. CUNNINGHAM, v. M. D. KOON,, 762 So. 2d 572 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

PARTY YARDS, INC. v. TEMPLETON,, 751 So. 2d 121 (Fla. Dist. Ct. App. 2000)

. . . . § 687.071(2) and (3). . . . . § 687.071(2). . . . . § 687.071(3). . . .

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

. . . See § 687.071, Fla.Stat. (1993). . . .

JERSEY PALM- GROSS, INC. v. PAPER,, 658 So. 2d 531 (Fla. 1995)

. . . 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( . . .

BELL, v. BAILEY, 639 So. 2d 1063 (Fla. Dist. Ct. App. 1994)

. . . carried a criminally usurious rate of interest (64.3%) and therefore was unenforceable under Section 687.071 . . .

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 § 687.071, Fla. Stat. (1993). . . .

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

STATE v. NUCKOLLS, III, 617 So. 2d 724 (Fla. Dist. Ct. App. 1993)

. . . charging, taking or receiving of usurious interest as to the two Bigloo loans, in violation of section 687.071 . . .

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)

. . . Appellants have pleaded usury under section 687.071, criminal usury. . . .

QUICK CASH OF CLEARWATER, INC. a v. STATE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF CONSUMER SERVICES, STATE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF CONSUMER SERVICES, v. QUICK CASH OF TAMPA INC. a a a, 605 So. 2d 898 (Fla. Dist. Ct. App. 1992)

. . . finance company, or that it is engaging in a business method which involves criminal usury under section 687.071 . . .

GENERAL STORAGE CORPORATION, v. FEDERAL DEPOSIT INSURANCE CORPORATION,, 594 So. 2d 875 (Fla. Dist. Ct. App. 1992)

. . . Sections 687.02, 687.071, Fla.Stat. (1989). . . .

MERTENS, d b a v. DIVISION OF CONSUMER SERVICES, STATE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 596 So. 2d 89 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

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

. . . 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 . . .

In FORFEITURE OF TEN THOUSAND SEVEN HUNDRED EIGHTY- EIGHT DOLLARS IN U. S. CURRENCY. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, v. LAZZARA Jr., 580 So. 2d 855 (Fla. Dist. Ct. App. 1991)

. . . See § 687.071, Fla.Stat. (1989). This evidence was presented to a federal grand jury. . . .

FIRST AMERICAN BANK AND TRUST, v. INTERNATIONAL MEDICAL CENTERS, INC., 565 So. 2d 1369 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .

In TAMMEY JEWELS, INC. J. HUGHES C. a k a H L A v. FASHION JEWELRY OUTLETS, INC., 116 B.R. 290 (Bankr. M.D. Fla. 1990)

. . . Florida Statutes Section 687.071(2). . . .

In HILLSBOROUGH HOLDINGS CORPORATION, HILLSBOROUGH HOLDINGS CORPORATION, v. CELOTEX CORPORATION,, 123 B.R. 1004 (Bankr. M.D. Fla. 1990)

. . . on an alleged conspiracy to charge and collect usurious interest in violation of Florida Statutes § 687.071 . . .

FLORIDA TRADING AND INVESTMENT COMPANY, INC. v. RIVER CONSTRUCTION SERVICES, INC. L. Jr., 537 So. 2d 600 (Fla. Dist. Ct. App. 1988)

. . . 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 . . .

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

. . . 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) . . .

JONES v ORLANDO SECOND CAR CENTER, INC., 30 Fla. Supp. 2d 105 (Fla. Cir. Ct. 1988)

. . . instead of a sales context, such rate would be punishable by the felony loansharking provisions of § 687.071 . . .

W. HEMBREE, J. D. v. BRADLEY,, 528 So. 2d 116 (Fla. Dist. Ct. App. 1988)

. . . . § 687.071(7), Fla.Stat. (1985). See, generally, Bermil Corporation v. . . .

In CONCRETE EXPRESS, INC. d b a s CONCRETE EXPRESS, INC. d b a s v. UNITED STATES INTERNAL REVENUE SERVICE, 87 B.R. 718 (Bankr. S.D. Fla. 1988)

. . . 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 . . .

REDISH, v. STATE, 525 So. 2d 928 (Fla. Dist. Ct. App. 1988)

. . . Section 687.071(3), Florida Statutes. . Sections 777.04 and 812.014, Florida Statutes. . . . .

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

. . . 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 . . .

In MARILL ALARM SYSTEMS, INC. MARILL ALARM SYSTEMS, INC. v. EQUITY FUNDING CORPORATION,, 81 B.R. 119 (S.D. Fla. 1987)

. . . . § 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 . . .

In OCEAN BEACH CLUB, INC. a A. McHALE, Jr. v. KOHUT,, 79 B.R. 505 (Bankr. S.D. Fla. 1987)

. . . transactions, demonstrates that the transaction is criminally usurious as defined by Florida Statute § 687.071 . . . See Fla.Stat. § 687.071. . . .

In MARILL ALARM SYSTEMS, INC. MARILL SECURITY SERVICES, INC. a a v. OPEN DOOR CAPITAL CORPORATION a a C., 68 B.R. 399 (Bankr. S.D. Fla. 1986)

. . . These payments are far in excess of the 45 percent limitation provided under Fla.Stat. 687.071 which . . .

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

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

In FORFEITURE OF ONE LINCOLN FOUR DOOR AUTOMOBILE, VEHICLE IDENTIFICATION NUMBER V. I. N., 497 So. 2d 1254 (Fla. Dist. Ct. App. 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 . . .

In L. MICKLER, L. MICKLER, v. MARANATHA REALTY ASSOC. INC., 50 B.R. 818 (Bankr. M.D. Fla. 1985)

. . . 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 . . .

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

. . . 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 . . .

v., 471 U.S. 1108 (U.S. 1985)

. . . . §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 . . .

In SHELL MATERIALS, INC. SHELL MATERIALS, INC. v. FIRST BANK OF PINELLAS COUNTY,, 50 B.R. 44 (Bankr. M.D. Fla. 1985)

. . . 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. . . .

A. BAILEY, a N- a S. W. A. v. J. HARRINGTON, B. H. W. s, 462 So. 2d 861 (Fla. Dist. Ct. App. 1985)

. . . . §§ 687.03(1), 687.071, Fla.Stat. (1983). . . .

SCHWARTZ, d b a a v. LINCOLN CONSTRUCTION DEVELOPMENT CORPORATION, a, 455 So. 2d 612 (Fla. Dist. Ct. App. 1984)

. . . The appellants were found to have violated Section 687.071(2), Florida Statutes (1983) which provides . . .

ARGENTO, v. W. REYNOLDS a k a, 452 So. 2d 135 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

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

. . . . § 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. . . .

In CHARTER EXECUTIVE CENTER LTD. CHARTER EXECUTIVE CENTER LTD. v. FEDERAL DEPOSIT INSURANCE CORP. v. CHARTER EXECUTIVE CENTER LTD., 34 B.R. 131 (Bankr. M.D. Fla. 1983)

. . . 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 . . .

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

. . . Conde, asserting that the interest charged on the mortgage note exceeded twenty-five per cent, see § 687.071 . . .

U. P. C. INC. a v. INTERCONTINENTAL BANK, a, 410 So. 2d 554 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

In VERDINI S ENTERPRISES INC., 13 B.R. 739 (Bankr. S.D. Fla. 1981)

. . . of interest on this loan was 46 percent and therefore usurious under § 687.03 (civil remedy) and § 687.071 . . .

INTERNATIONAL CITY BANK TRUST CO. v. MORGAN WALTON PROPERTIES, INC. INTERNATIONAL CITY BANK TRUST CO. v. F. MORGAN, 612 F.2d 227 (5th Cir. 1980)

. . . . § 687.071(7), which provides, “No extension of credit made in violation of any of the provisions of . . .

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

. . . In 1969, the legislature enacted section 687.071 which repealed section 687.07 and substituted different . . .

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

. . . 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 . . .

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

. . . In 1969, the legislature enacted Section 687.071, Florida Statutes, which repealed Section 687.07, Florida . . .

WALKER LaBERGE, INC. v. HALLIGAN,, 344 So. 2d 239 (Fla. 1977)

. . . In 1969, § 687.071 was enacted, repealing § 687.07. . . .

STATE v. POWELL, 343 So. 2d 892 (Fla. Dist. Ct. App. 1977)

. . . 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 . . .

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

. . . .-02, 687.03 and 687.071(7), Florida Statutes. . . .

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

. . . therefore the note should be surrendered and the mortgage cancelled pursuant to Florida Statutes § 687.071 . . .

B. ATWOOD, v. A. FISHER, 330 So. 2d 62 (Fla. Dist. Ct. App. 1976)

. . . See § 687.071, Fla.Stat, F.S.A. . . .

E. PADGETT v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LAKE WORTH, a, 329 So. 2d 313 (Fla. 1976)

. . . General Capital Corporation, 227 So.2d 667 (Fla.1969), concerning the applicability of Section 687.071 . . .

THE FLORIDA BAR. In H. HARPER, 318 So. 2d 398 (Fla. 1975)

. . . 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 . . .

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)

. . . in pari materia with a stockholders agreement were usurious and a violation of Sections 687.04 and 687.071 . . .

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

. . . . §§ 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. . . .

H. GOODFRIEND, v. J. DRUCK,, 289 So. 2d 710 (Fla. 1974)

. . . . §§ 687.03 or 687.071 (1971), F.S.A. . . .

L. DIXON C. v. H. SHARP,, 276 So. 2d 817 (Fla. 1973)

. . . 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 . . .

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. . . .

WILENSKY, v. E. FIELDS G., 267 So. 2d 1 (Fla. 1972)

. . . 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 . . .

J. SHARP, v. L. DIXON C., 252 So. 2d 805 (Fla. Dist. Ct. App. 1971)

. . . 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. . . .

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

. . . 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 . . .