Arrestable Offenses / Crimes under Fla. Stat. 687.071
CopyCited 72 times | Published | Supreme Court of Florida
...7, Fla. Stat., provided for forfeiture of both principal and interest upon a loan where the interest wilfully and knowingly charged is more than 25% per annum irrespective of whether the lender or borrower is an individual or a corporation. In 1969, § 687.071 was enacted, repealing § 687.07.
CopyCited 43 times | Published | Supreme Court of Florida
...ed. *16 The 1967 Legislature did not amend the law. Therefore, Sections
687.02,
687.03,
687.04, 687.07, and 687.11 were reenacted as the official law of the state in accordance with Section
11.2421, Florida Statutes. In 1969, the legislature enacted Section
687.071, Florida Statutes, which repealed Section 687.07, Florida Statutes....
CopyCited 32 times | Published | Supreme Court of Florida
...However, the trial court clearly found that the Dixons did not have a corrupt intent to charge more than the legal rate of interest. Pursuant to remand, a Final Judgment was entered by the trial court on December 27, 1971, in favor of Sharp, adjudging that pursant to Fla. Stat. 687.071, [1] F.S.A., the subject promissory note was unenforceable....
...1933), upon which the majority chooses to rely for conflict purposes. We are dealing with two successful business people. The facts reveal that they knowingly put themselves squarely in a position clearly violative of our usury laws. The promissory note was executed in favor of the Dixons on October 20, 1969. Section 687.071, F.S.A., was then in effect, having repealed Section 687.07. F.S.A., less than three weeks previously (October 1, 1969). A comparison of these statutory provisions suggests that the Legislature intended to provide much stiffer penalties for "loan sharks" and "shylocks," as those terms are defined in Section 687.071....
...A sense of compassion at times makes it unpleasant to enforce usury laws under conditions such as in this case. If the law is too harsh, it should be softened by the legislature and not by the Courts. NOTES [1] Ch. 69-135 Laws of Florida repealed Florida Statute 687.07, F.S.A., Fla. Stat. 687.071, F.S.A....
CopyCited 27 times | Published | Florida 1st District Court of Appeal | 1988 WL 43406
...luded offense jury instruction on the appellant's racketeering charge, and in failing to grant the motion for judgment of acquittal. We conclude that none of these contentions are cause for reversal. [2] Sections
895.01-895.06, Florida Statutes. [3] Section
687.071(3), Florida Statutes....
CopyCited 24 times | Published | Supreme Court of Florida
...a petition for writ of certiorari having been filed, we have jurisdiction of this cause under Article V, Section 4(2), Florida Constitution, F.S.A. The question certified to this Court is as follows: "Are the provisions of Chapter 69-135 [Fla. Stat. § 687.071] [F.S.A.] providing criminal penalties for usurious transactions and declaring any debt made in violation thereof unenforceable, retroactively applicable to usurious transactions entered into prior to the effective date of said chapter so...
...ein on February 19, 1970 was repealed by implication as to persons secondarily liable on corporate loans by the passage of Chapter 65-299 F.S. (Sec. 687.11 F.S.A.), and that Section 687.07 F.S.A., was repealed entirely by Chapter 69-135 F.S. 1969 (F.S. 687.071)....
...The court is now of the opinion that it made judicial error in entering a final judgment of forfeiture as to the principal of the subject note." The trial court denied respondent's request to reinstate its final judgment of February 19. In this request respondent had contended that F.S. § 687.071, F.S.A., should apply retroactively to prevent the enforcement of the debt. This argument was found by the trial court to be without merit because it concluded that "§ 687.071 (7) applies only to credit extended in violations of subsections (2), (3) or (4) of § 687.071 which violations constitute crimes....
...Section 687.07 F.S.A., had been repealed and was therefore inapplicable to the case sub judice. Tel. Service Co. v. General Capital Corporation, supra. With this portion of the opinion, we also agree. The District Court also held that "... Section 687.11[F.S.] conflicts with Section 687.071(7) [Chapt. 69-135] and to the extent of such conflict, Section 687.11 is impliedly repealed. Therefore, insofar as transactions involving an interest rate in excess of twenty-five per cent the provisions of Section 687.071(7) render any debt thereunder unenforceable both as to principal and interest"....
...In accord with the above rationale the District Court reversed the final judgment of the trial court which permitted petitioner to recover the principal and affirmed the forfeiture of the interest. We disagree with the District Court's holding that F.S. Section 687.071 (7), F.S.A., enacted by the Florida Legislature in 1969 as part of Chapter 69-135 which reads, "(7) No extention of credit made in violation of any of the provisions of this section shall be an enforceable debt in the courts of this state." impliedly repeals F.S....
...y penalties or forfeiture ..." Although this Court did conclude in Tel. Service Inc., supra, that F.S. Section 687.11 F.S.A. did impliedly repeal portions of F.S. Section 687.07 F.S.A., the District Court, sub judice, erroneously concluded that F.S. § 687.071 F.S.A. repealed Section 687.11. Section 687.071 which is entitled "Criminal usury, loan sharking; shylocking" must be read and interpreted in its entirety and must be considered and harmonized with all parts of Chapter 687 F.S.A....
...so that the whole scheme of the Legislature in enacting the same may be given effect. Sparks v. Porter (D.C.Fla. 1967)
270 F. Supp. 953, Chiapetta v. Jordan (Fla. 1954)
153 Fla. 788,
16 So.2d 641. Subsections (2), (3) and (4) specifically enunciate the substance and nature of the offenses punishable by Section
687.071....
...re than 6 months or by fine of not more than five hundred dollars or by both such fine and imprisonment." We note that this subsection contains the delimiting language "unless otherwise specifically allowed by law ..." Furthermore, subsection (7) of 687.071, which *5 respondent contends should apply to deny the recovery of principal to petitioner, specifically applies to violations of the provisions of Section 687.071 which constitute criminal usury....
...cable, was filed on October 29, 1969. As aforestated it should be specifically noted that Section 687.11(2) specifically provides for the repeal of laws in conflict therewith. Suit was filed in this cause by petitioner April 25, 1969 and Ch. 69-135, Section 687.071, was enacted to become effective October 1, 1969. Section 687.071 was enacted to provide criminal penalties where extensions of credit were made in violation of that section....
...reases the punishment, or, in short, which in relation to the offense or its consequences alters the situation of a party to his disadvantage." Higginbotham v. State (Fla. 1924)
88 Fla. 26,
101 So. 233. The trial court was correct in concluding that
687.071 was inapplicable and that only the interest on the corporate loan could not be recovered....
...rious transaction. The certified question should be answered in the affirmative, excluding its reference to "criminal" and "retroactively" appearing in the question, which I do not feel apply. In this civil cause, there is no criminal application of § 687.071(2) and (3) which would invoke criminal ex post facto, and thus "retroactivity." The ratio decidendi of the majority regarding ex post facto application to new § 687.071 does not extend to its civil provision, § 687.071(7)....
...s test stated in criminal subsections (2) and (3). While recognizing the repealing effect of § 687.11 on § 687.07 as set forth in Tel. Service Co. v. General Capital Corp.,
227 So.2d 667 (Fla. 1969), it is also apparent that thereafter the present §
687.071 (Ch. 69-135) was enacted to replace the repealed § 687.07 penalties. Our present §
687.071 (7) plainly says that such a loan "shall not be an enforceable debt." If we thus apply (7) as denying any recovery against the initial borrower and yet hold that only § 687.11 is applicable to corporate guarantors (respondent) we have an...
...[1] The trial court in its initial order properly held that both principal and interest were forfeited. Even though the trial judge used the wrong reason, in my judgment, his initial conclusion was still correct. The holding should have been under new § 687.071(7) which was in effect on the day of the original order, February 19, 1970....
...Instead, the judge in his corrective order of April 21, 1970, erroneously changed the result. The latter order permits recovery of the principal, not the interest. The judge based his new ruling on § 687.11 (apparently not considering the present, successor § 687.071(7))....
...al and interest. Likewise, the majority invokes § 687.11 as exclusively applying here to deny recovery of interest only, while still allowing the principal debt, as to the corporation's guarantor (on what basis is not indicated). Applicable present § 687.071(7) is avoided by the expedient of invoking the exclusionary phrase at the beginning of subsections (2) and (3) of § 687.071 as referring to § 687.11 (interest only)....
..."§ 687.11 `otherwise allows,'" says the majority. Does it? Section 687.11 pertains only to a guarantor on a corporate debt "in any proceeding for collection of interest. " The "proceeding" sub judice is for the debt and interest. Section 687.11 does not speak to the "debt enforcement." Only § 687.071(7) does. Necessarily, § 687.11 on guarantors sued for interest only, has no relevancy to this cause and it should not be considered. That part of the district court's scholarly opinion that § 687.11 is "impliedly repealed" by § 687.071(7) does not therefore follow, inasmuch as the former by its own wording deals solely with corporate interest while § 687.071(7) touches on enforcibility of the debt....
...These statutes are therefore consistent and do not create a conflict which requires repeal. The two provisions should be treated independently; § 687.11 relates to guarantors for corporations (and corporations) who may be subjected to suits "for collection of interest" ONLY, whereas § 687.071(7) applies to actions concerning the enforcement of both principal and interest....
...This is *7 consistent with the earlier, clear language of § 687.07 denying recovery of principal. [2] I find myself fully in accord with the well-reasoned view of District Judge Mager which recognizes the distinction in the Legislature's criminal penalties in subsections (2) and (3) of the new Fla. Stat. § 687.071, F.S.A., and subsection (7) thereof which provides the civil penalty....
...(See authorities in his footnote 7.) Appropriate is Judge Mager's comment that this interpretation is buttressed by the fact that § (2) of § 687.11 specifically repealed the civil penalty formerly contained in § 687.07 so that when a successor civil penalty was provided by § 687.071(7) it is a plain and logical replacement....
...The statutory authority existing at the time of execution is not controlling. The applicable provisions are those penalties and forfeitures in effect at the time of enforcement. Therefore, the change in the usury law during the course of this suit makes the new § 687.071(7) effective and it denies recovery of the "debt"....
...We further held there that there is "no immunity against statutory repeal or modification" so that a change can be applied "even during the pendency of an appeal from a final judgment... ." Such penalty statutes are not substantive but procedural only and apply at the time of enforcement. Accordingly, § 687.071 applied here during the pendency of this cause to defeat recovery of the principal as well as the interest. Accordingly, there is no need for the "implied repeal" of § 687.11(2) by § 687.071(7) suggested in the Fourth District Court opinion, inasmuch as new subsection (7) stands independently to deny recovery of principal and interest. Neither is there any "ex post facto" retroactivity relating to the application of § 687.071, as held by the majority. Recovery is denied under civil § 687.071(7)....
...demeanor, and on conviction, be fined not more than one hundred dollars, or be imprisoned in the county jail not more than ninety days." [3] Judge Mager succinctly observed: "We have considered the contentions of the plaintiff that the provisions of Section 687.071 cannot be applied retroactively....
CopyCited 21 times | Published | Florida 5th District Court of Appeal | 2000 WL 6143
...We therefore REVERSE and REMAND to the trial court for such determination. PETERSON and THOMPSON, JJ., concur. NOTES [1] It is apparent that these three "agreements" are in reality one contract, and we treat them as such in this appeal. [2] Interest exceeding 25% is criminal usury. § 687.071(2) and (3). Charging interest between 25% and 40% constitutes a misdemeanor. § 687.071(2). A third degree felony occurs when a loan shark or shylock charges interest exceeding 45%. § 687.071(3)....
CopyCited 21 times | Published | Florida 4th District Court of Appeal | 1996 WL 81785
...ivil usury involves loans of $500,000 or less and an interest rate of greater than 18% and less than 25%. See §
687.03, Fla.Stat. (1993). Criminal usury involves any loan amount with a rate of interest greater than 25% but not in excess of 45%. See §
687.071, Fla.Stat....
CopyCited 20 times | Published | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 12319, 1987 WL 31665
...On February 3, 1986, this adversary proceeding was filed. The Complaint alleges that Open Door and Equity Funding, through Moss and Braverman, conspired to charge and/or collect usurious interest from Marill on the Open Door loans. Count I claims that appellants violated Fla.Stat. § 687.071 (the Florida usury statute) and prays that Open Door's notes be cancelled and that all principal and interest paid be returned to *121 Marill....
...This Court will not interpret section 157 so broadly. See In Re STN Enterprises, Inc.,
73 B.R. 470, 481-82 (Bankr.D.Vt.1987). [9] Section
895.02(1)(a)(8) provides that a violation pursuant to Fla.Stat. §§ 687 et seq. is a "racketeering activity" for purposes of that statute. Fla.Stat. §
687.071(3) provides, in pertinent part: ....
CopyCited 19 times | Published | United States Bankruptcy Court, M.D. Florida | 1990 Bankr. LEXIS 2496, 1990 WL 188587
...the present instance. The Defendants also rely on In re Marill Alarm Systems, Inc., supra . Marill Alarm involved a suit to recover money damages based on an alleged conspiracy to charge and collect usurious interest in violation of Florida Statutes § 687.071....
CopyCited 15 times | Published | Supreme Court of Florida
...The defendants-appellants raised the defense of usury. They alleged that the bank *1061 had charged them interest in excess of 25% per annum, which is criminally usurious in Florida and renders the entire obligation unenforceable in Florida courts. § 687.071(2), (7), Fla....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1191
...By the time Title & Trust gave notice to Mr. Parker of EAC's defective title, disbursement of the loan principal to the EAC officers had already been made. Title and Trust raises essentially two points on appeal, both of which relate to Florida's usury statute, Section 687.071(3), (7), Florida Statutes (1981), under which the charging of in excess of forty-five percent (45%) per annum interest is a felony, and the debt is unenforceable in the courts of Florida....
...We are likewise troubled by the prospect that our disapproval of the trial judge's final judgment, limiting the Parkers' recovery to the actual damages sustained by them, might be construed by some as giving our stamp of approval to the Parkers' facially extortionate transaction. See Sections 687.071(3) and (7), Florida Statutes (1983)....
...It is clear that Chapter 687, Florida Statutes, is a legislative declaration of a public policy against usury, as the statute contemplates both the forfeiture of usurious interest, Section
687.04, as well as the non-enforcement of a criminally usurious debt, Section
687.071(7)....
...Precast Corporation,
322 So.2d 630 (Fla. 3d DCA 1975); Gonzalez v. Trujillo,
179 So.2d 896 (Fla. 3d DCA 1965). To summarize, we hold that it was not error for the trial court to consider the fact that the underlying loan transaction here involved criminal usurious activity as defined by Section
687.071(3), Florida Statutes (1981)....
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 389, 1995 Fla. LEXIS 1154, 1995 WL 424434
...us consideration in exchange for making the $200,000 loan transaction. Consequently, the trial court found the promissory note and guarantee unenforceable as usurious and ordered that Gross forfeit the entire principal amount of the loan pursuant to section 687.071(7), Florida Statutes (1991)....
...*534 LAW AND ANALYSIS The Florida Legislature enacted Chapter 687, Florida Statutes (1993), to protect borrowers from paying unfair and excessive interest to overreaching creditors. This chapter sets limits on interest rates and prescribes penalties for the violation of those limits. Section 687.071(2), Florida Statutes (1993), defines criminal usury as the willful and knowing charge or receipt of interest in excess of 25% per annum. Id. The civil penalty for violating this statute is forfeiture of the entire principal amount. § 687.071(7), Fla....
CopyCited 14 times | Published | United States Bankruptcy Court, M.D. Florida | 1985 Bankr. LEXIS 6723, 13 Bankr. Ct. Dec. (CRR) 185
...ctober 20, 1982. The Debtor now seeks a determination that the mortgage violates §
695.05 of the Florida Statutes; that the annual payments shall be extended until October 20, 1993; and that all interest be forfeited. Count II claims a violation of §
687.071, Florida Statutes and seeks a total forfeiture of a $500,000 note and mortgage executed on April 1, 1982 based on the allegation that the loan is usurious. Count III is based on 12 U.S.C. § 1972 and seeks an award of treble damages for injury to business and property. Count IV attacks the October 20 note as usurious and violative of §
687.071 Florida Statutes....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1994 WL 316654
...Dixon v. Sharp,
276 So.2d 817 (Fla. 1973); Rollins v. Odom,
519 So.2d 652 (Fla. 1st DCA 1988), rev. denied,
529 So.2d 695 (Fla. 1988); Rebman v. Flagship First Nat'l Bank,
472 So.2d 1360 (Fla. 2d DCA 1985). *667 Under Florida law, sections
687.04 and
687.071, Florida Statutes (1993) provide statutory causes of action which allow a borrower to seek affirmative relief against a lender who has made a usurious loan....
...Civil usury involves loans of $500,000 or less and an interest rate of greater than 18% and less than 25%. See §
687.03, Fla. Stat. (1993). Criminal usury involves any loan amount with a rate of interest greater than 25% but not in excess of 45%. See §
687.071, Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...Supreme Court Case No. 50,027, opinion filed June 9, 1977). In this case the interest exacted is in excess of 25% and in view of our construction of subsection (4), the question then arises of whether there is also a forfeiture of principal pursuant to Section
687.071(7), Florida Statutes (1975) effective since October 1, 1969. For the reason cited in Wilenksy v. Fields,
267 So.2d 1 (Fla. 1972), supra, we hold there is not forfeiture of the principal. In Wilensky the parties had entered into the usurious transaction prior to the enactment of Section
687.071, Florida Statutes in 1969 and finding this statute to be criminal in nature, the Supreme Court refused to apply it retroactively. The Court reasoned: "... Section
687.071 was enacted to provide criminal penalties where extensions of credit were made in violation of that section....
..., or which increases the punishment, or, in short, which in relation to the offense or its consequences alters the situation of a party to his disadvantage.' Higginbotham v. State (Fla. 1924)
88 Fla. 26,
101 So. 233." Wilensky, supra, at 5. Although Section
687.071, Florida Statute (1969) was unquestionably effective in January 1970 when the parties in this cause entered into their loan agreement, Section 687.11(4), Florida Statutes (1974) had not been enacted and, thus, the penalty was limited to forfeiture of interest. To hold that CMI is also subject to the penalty of forfeiture of the principal would, in essence, be giving Section
687.071, Florida Statutes (1969) retroactive effect in violation of Article I, Section 10, Florida Constitution (1968)....
...See Shaw v. Shaw,
334 So.2d 13 (Fla. 1976); Vance v. Florida Reduction Corporation,
263 So.2d 585 (Fla. 1st DCA 1972). On cross-appeal Sailboat Key argues that the trial judge erred in not applying the penalty of forfeiture of the principal pursuant to Section
687.071(7), Florida Statutes (1969)....
CopyCited 8 times | Published | United States Bankruptcy Court, M.D. Florida | 1985 Bankr. LEXIS 5940
...failure of consideration, civil usury (which this Court has already determined) and challenge the enforceability of the note and the mortgage based on the claim that the transaction was criminally usurious, thus, totally unenforceable by virtue of F.S. 687.071....
...inal usury, he is obligated, at least to some extent, under the note. There is no doubt that usury statutes are enacted to protect the necessitious borrower from the avaricious demands of lenders. Pushee v. Johnson,
123 Fla. 305,
166 So. 847 (1936). Section
687.071 Fla. Stat. (1977) provides in pertinent part: §
687.071....
...* * * * * * (7) No extension of credit made in violation of any of the provisions of this section shall be an enforceable debt. An "extension of credit" for purposes of § 687.07 Fla.Stat. ". . . means to make or renew a loan of money or any agreement for forbearance to enforce the collection of such loan." § 687.071(1)(d) Fla.Stat....
...Cole,
119 Fla. 260,
161 So. 392 (1935). Applying the foregoing legal principles to the facts as set forth above, this Court is satisfied that the transaction between Maranatha and Kreimer, as lenders and Mickler, via Strother, as borrower, is violative of §
687.071 Fla.Stat....
CopyCited 8 times | Published | United States Bankruptcy Court, M.D. Florida | 1983 Bankr. LEXIS 6018
...ts predecessor in interest. It is the contention of Charter that Metropolitan knowingly and wrongfully demanded and received from Charter an interest rate on the loan secured by the mortgage at a rate in excess of 25% per annum in violation of Chap. 687.071 of the Florida Statutes; accordingly, the loan is usurious and, therefore, the debt secured by the mortgage is unenforceable and should be forfeited....
...hether directly or indirectly or conspire so to do, shall be guilty of a felony of the third degree . . . (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. Section 687.071(2), (3) and (7), Florida Statutes (1981)....
...admits usury but contends that even if the interest rate which Metropolitan charged Charter was usurious, the FDIC, as an instrumentality of the federal government, is not subject to the forfeiture provision of the state usury law, Florida Statutes, § 687.071(7)....
...Applying federal law, an instrumentality of the United States is not subject to the imposition of any fine or penalty imposed by a state absent express Congressional authorization. Missouri Pacific Railroad Co. v. Ault,
256 U.S. 554, 563-64,
41 S.Ct. 593, 597,
65 L.Ed. 1087 (1921). Section
687.071(7) of the Florida Statutes imposes a penalty on creditors who violate Florida's criminal usury statute by declaring the entire debt non-enforceable. FDIC contends that because Congress never authorized the imposition of such a penalty against the FDIC, as an instrumentality of the United States it is not subject to §
687.071(7)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1988 WL 800
...cent per annum simple interest ... Civil usury exists, by implication, when a loan in the amount of $500,000 or less has an interest rate greater than 18 percent per year and less than or equal to 25 percent per year. See §§
687.03, Fla. Stat. and
687.071, Fla....
...pal sum received, together with interest at the rate of the equivalent of 18 percent per annum simple interest. (emphasis supplied). Criminal usury is any loan with a rate of interest greater than 25 percent but not in excess of 45 percent per year. Section 687.071(2) states in part: 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 an...
...forfeited. §
687.04, Fla. Stat. (1981). [1] A lender guilty of criminal usury, that is, a loan obligation that bears an interest rate in excess of 25 percent per year but not in excess of 45 percent per year, forfeits the right to collect the debt. §
687.071(7), Fla....
...r 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. .. . [2] § 687.071(7), Fla....
CopyCited 8 times | Published | Supreme Court of Florida
...In 1967, the legislature did not amend chapter 687, Florida Statutes. Accordingly, all sections of the statute including
687.04 and 687.11 were reenacted as the official law of the state in accordance with section
11.2421, Florida Statutes (1967). In 1969, the legislature enacted section
687.071 which repealed section 687.07 and substituted different penalties for loans exceeding 25% per annum....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 32410
...Beausejour contends that the lower courts erred in holding: (1) that the transaction between Beausejour and Offshore was a loan viola-tive of Florida’s usury laws; (2) that, if the loan was violative of Florida’s usury statutes, the civil penalty for criminal usury imposed by Fla.Stat. § 687.071(7) could not have been avoided by a timely cure notice pursuant to Fla.Stat....
...rectly ruled that the cure notice did not comply with the requirements of Fla.Stat. §
687.04(2), we affirm the order of the district court. In light of our disposition of the third issue, we need not decide whether the penalty imposed by Fla. Stat. §
687.071 (7) can be avoided by a timely cure notice....
...erroneous. Therefore, the judgment of the lower courts on this point is affirmed. II. Beausejour asserts that the district court erred in affirming the bankruptcy court’s decision that the civil penalty for criminal usury imposed by Fla.Stat.Ann. § 687.071(7) (West Supp.1986) 1 cannot be avoided by compliance with the cure provisions of Fla.Stat.Ann....
...In summary, the “cure notice” did not satisfy the statutory requirements. We affirm the judgment of the lower courts on this issue. We do not need to consider whether a complete cure notice would have allowed Beausejour to avoid the civil penalty imposed by § 687.071(7)....
...For the reasons stated above, the order of the district court is AFFIRMED. 1 . The section provides: 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. Fla.Stat.Ann. § 687.071(7) (West Supp.1986)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...Projected over a yearly *808 period, the interest is equivalent to 46.5 per cent per annum. The interest as provided on the face of the note is eight per cent per annum. Adding the interest the note bore to the bonus, it readily becomes apparent the note is within the ambit of Florida Statute
687.071 (1969), F.S.A. Speier v. Monnah Park Block Company, Fla. 1955,
84 So.2d 697. Whether the note is a valid obligation or whether it is unenforceable under §
687.071(7) depends, as above stated, upon the lender's intent at the time the note was executed by the parties....
...be inclined to leave it at that as a just resolution of the controversy. Accordingly, in my view, the judgment should be affirmed. NOTES [1] Florida Statute 687.07, F.S.A. was repealed by ch. 69-135, Laws of Florida 1969, effective October 1, 1969. Section 687.071 added by ch. 69-135, became effective October 1, 1969. In the case sub judice, complaint was filed February 6, 1970; final judgment entered September 18, 1970. [2] See Florida Statute 687.071 (1969), F.S.A....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 6429, 2004 WL 1057687
...However, if such loan, advance of money, line of credit, forbearance to enforce the collection of a debt, or obligation exceeds $500,000 in amount or value, then no contract to pay interest thereon is usurious unless the rate of interest exceeds the rate prescribed in s. 687.071....
...However, if any loan, advance of money, line of credit, forbearance to enforce the collection of a debt, or obligation exceeds $500,000 in amount or value, it shall not be usury or unlawful to reserve, charge, or take interest thereon unless the rate of interest exceeds the rate prescribed in s. 687.071.... (Emphasis added) The Legislature deems the charging of higher rates of interest as criminal, and has imposed severe penalties on persons engaged in criminal usurious practices. Section 687.071, entitled "Criminal usury, loan sharking; shylocking," provides: (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 inte...
...is state. (Emphasis added) A review of the above statutes reveals that for loans under $500,000, a usurious contract is present if an interest rate exceeds 18%. Sections
687.02(1),
687.03(1). But for loans exceeding $500,000 the operative statute is section
687.071. That statute provides that loans which have effective interest rates of 25% or more, but less than 45%, and loans exceeding an effective interest rate of 45%, are criminal offenses. Sections
687.071(2) and (3)....
...Pursuant to the initial option, appellees would have received double the amount of their investment, $1.2 million, within one year, and triple the amount, $1.8 million, within two years. This equates to an interest rate which is calculable and which exceeds the permissible amount in section 687.071....
...Harrelson, Larall Enterprises (a Florida General Partnership) and Whit-Law Enterprises (a Florida General Partnership) were added. [3] The third amended complaint contained seven counts: Count 1: Usury, first transaction, under section
687.03; Count 2: Declaratory Judgment, Usury, first transaction, under section
687.071; Count 3, Declaratory Judgment, Usury, second transaction, under section
687.071; Count 4: Usury, second transaction, under section
687.03; Count 5: Quiet Title; Count 6: Civil Theft, section
772.11; and Count 7: Declaratory Judgment to declare deeds are mortgages or to cancel deeds....
...erest under the preceding sentence. (Emphasis added). [7] $5,215,000 lowest appraised value, less $1.7 mortgage = $3.5 million: one-half = $1.7 million. [8] $5,215,000 appraised value, less $1,850,000 mortgage = $3,375,000 equity value in whole. [9] § 687.071(3), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
..., §§
489.128, .532, Fla. Stat. (2017) (entitled "Contracts entered into by unlicensed contractors unenforceable"); §§
686.415 and .612, Fla. Stat. (2017) (specifically declaring unenforceable various sales, distribution, and franchise relationships); §
687.071(7), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...The trial judge recognized these rules and received testimony and other evidence in a nonjury trial. At its conclusion, he entered a final judgment which did not recite any findings of fact, but contained the ruling that the lease agreement in this case was in reality a financing agreement and that it was usurious under section 687.071, Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...than $1,000, would be the consideration for the making of the 30 day loan. Thus, the agreement is usurious on its face and plaintiff, an attorney and the preparer of the agreement, knew, or at the very least should have known, it to be usurious. See § 687.071, Fla....
CopyCited 4 times | Published | United States Bankruptcy Court, S.D. Florida. | 1988 Bankr. LEXIS 897
...,009. In addition to these amounts, H & P was also assigned $48,102.05, between November 1, 1987 through December 15, 1987, the third safe harbor period. CONCLUSIONS OF LAW A. Usury Count II, the Usury Count, travels upon Florida Statutes
687.02 and
687.071....
...nt under Section
687.02 must fail and Judgment shall be entered for the Defendant. Plaintiff also seeks an adjudication by this Court that the interest rates 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, Plaintiff must prove to this Court that the two contracts discussed herein are actually one contract, and not two contracts contained within one document....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1988 WL 72167
...d and only the principal can be enforced. §
687.03(1), Fla. Stat. (1985). Interest at a rate exceeding twenty-five percent per annum is criminally usurious, and a loan carrying such a rate of interest is not enforceable in the courts of this state. §
687.071(7), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1994
...In September, 1983, Pappas made a second loan to Bartley of $4,000. Thereafter, interest was payable on the total principal amount in the sum of $300 per week. It is conceded that the interest rate was over 150 percent per annum and, thus, constituted criminal usury and violated section 687.071(3), Florida Statutes (1983), a third degree felony....
...In the interim, Bartley was instructed to continue paying the $300 per week interest. As a result of the foregoing, FDLE seized Pappas's Lincoln, and filed a petition to forfeit the automobile pursuant to sections
932.701-932.704, Florida Statutes (1983), alleging, inter alia, that the vehicle was used in violation of Section
687.071, Florida Statutes, Felonious Criminal Usury and/or a violation of this (these) provision(s) of law took place in, upon or by means of the above-described property; and/or the above-described property was significantly involved in the...
...y is a "contraband article" as defined in Section
932.701, Florida Statutes (1981), in that it has been or was actually employed as an instrumentality in the commission of or in aiding or abetting in the commission of a felony, to wit: violations of Section
687.071(3), Florida Statutes relating to Usury; or the above-described property was a vehicle used to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange or giving away of any contraband article, in violation of Section
932.702, Florida Statutes, (1981)... . The final judgment refused to grant a forfeiture, although the court found that the evidence clearly proved criminal usury as proscribed by section
687.071(3), Florida Statutes (1983), a third degree felony....
...The forfeiture statute was amended in 1980 to include §
932.701(2)(e), to broaden the scope of a "contraband article" to include any vehicle that has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony. Section
687.071(3), Florida Statutes (1983), provides that, unless specifically allowed by law, any person making an extension of credit to any person, who shall willfully and knowingly charge, take or receive interest *1256 thereon at a rate exceeding forty-five percent per annum shall be guilty of a felony of the third degree....
...As set forth above, at the meeting of February 6, 1984, Pappas told Bartley that, in exchange for Bartley's paying off the loans in a lump sum, he would try to persuade his "people" to accept $10,000 rather than the current amount due of $12,800. Thus, we believe that the forbearance aspect of section
687.071 is applicable and that FDLE adequately proved its case for forfeiture under section
932.701(2)(e)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...t. As a result, appellants urge that the resulting interest payment exceeded the legal amount allowed by chapter 687, Florida Statutes (1991). Criminal usury is the willful and knowing charge or receipt of interest at a rate exceeding 25% per annum. § 687.071(2), Fla....
...y note's disclaimer clause and that such clause is credible evidence of lack of corrupt intent. The "savings clause" found in section
687.04(2), and as set forth in the promissory note applies only to civil usury. Appellants have pleaded usury under section
687.071, criminal usury....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 1984 Bankr. LEXIS 6380
...in compliance with Fla.Stat. §
687.04(2). Offshore filed a counterclaim and in Count I seeks a declaratory judgment finding the transaction with Beausejour to be criminally usurious and, therefore, an unenforceable obligation pursuant to Fla.Stat. §
687.071(7) which cannot be purged by sending a notice pursuant to Fla.Stat....
...In exchange for the loan, Offshore gave Beausejour a mortgage note in the amount of $1 million. After finding that the transaction was a loan, the next issue to be decided is whether the particular transaction is criminally usurious. In regards to the issue of usury, the applicable statute is Fla.Stat. § 687.071 which provides in pertinent part as follows: § 687.071 Criminal usury, loan sharking, shylocking (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 exceed...
...e of credit, forbearance to enforce the collection of a debt, or obligations exceed $500,000 in amount of value, it shall not be usury or unlawful to reserve, charge or take interest thereon unless the rate of interest exceeds the rate prescribed in s.687.071." Thus, it can be argued that this reference to the criminal section is an incorporation by reference and would, therefore, permit a purge of criminal usury. In addition, subsection (3) of § 687.071 contains the phrase, "unless otherwise specifically allowed by law." One court has reasoned that this language signifies that the provisions of § 687.071 must be read in conjunction with all provisions of Chapter 687 F.S.A....
...so that the statute can be construed as meaningful in all of its parts. Wilensky v. Fields,
267 So.2d 1 (Fla.1972) (see also, Justice Deekel's dissent in this case). In the event the reasoning set forth in Wilensky, supra were applicable, it could be argued that the language of Fla.Stat. §
687.071(7) which states that "no extension of credit made in violation of any provisions of this section shall be enforceable debt in the courts of this state," (emphasis supplied) is at odds with the curing provisions set forth in §
687.04(2)....
...However, this Court finds that the principles of meaningfulness and harmony *103 set forth in Wilsenky, supra can only be fostered by concluding that the civil purging provision set forth in §
687.04(2) does not apply to instances of criminal usury. As the court noted in Wilsenky, supra, subsection 7 of §
687.071, by its express terms, specifically applies to violations of the provisions of §
687.071 which constitute criminal usury. In addition, that court highlighted that "
687.071 was enacted to provide criminal penalties where extensions of credit were made in violation of that section." Wilsensky, supra at page 5....
...This fact must be born in mind particularly by lenders who are lending more than $500,000 at rates close to the criminal usury ceiling. Finally, there is a more telling reason why the civil purging provision cannot apply to the criminal penalties, including unenforceability of the debt, set forth in § 687.071 et seq. It can best be illustrated by the following scenario: Assume that a lender is indicted and arrested for exacting interest in excess of 45% on a loan for more than $500,000. Under § 687.071(3), his conduct would constitute a felony in the third degree....
...aximum allowable rate. Clearly, in enacting §
687.04(2), the legislature did not intend for the lender to hold the key to the jail cell. It only intended a "good faith" defense. Thus, subsection 7 specifically makes a violation of the provisions of §
687.071 an unenforceable debt in the courts of this state....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 13413, 2010 WL 3515674
...Velletri appealed the final judgment, contending that the trial court erred by finding that the loan was only civilly usurious rather than criminally usurious. Dixon cross-appealed, contending that the trial court erred by finding that the loan was usurious at all. Sections
687.03,
687.04, and
687.071 provide statutory causes of action which allow a borrower to seek affirmative relief against a lender who has made a usurious loan. Civil usury involves loans of $500,000 or less with an interest rate greater than 18 percent and less than 25 percent. See §
687.03(1). Criminal usury involves any loan amount with an interest rate greater than 25 percent. See §
687.071(2). [2] The penalties for civil usury include forfeiture of double the interest actually charged and collected. See §
687.04. The civil penalty for criminal usury is significantly greater: forfeiture of the right to collect the debt at all. See §
687.071(7)....
...erest found to have been received by Dixon. Having determined that the note was criminally usurious at its inception, we must next consider what remedy is proper. Generally, a debt that is criminally usurious at its inception is not enforceable. See §
687.071(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."); Brown,
137 So.2d at 892 ("[I]f the interest charged exceeds twenty-five percent per annum the lender shall forfeit the entire indebtedness, both principal and interest."). However, Velletri claims she is entitled to more than that. She contends that she should be entitled to both cancellation of the note under section
687.071(7) and an award of double the interest paid under section
687.04essentially a combination of the remedies for both civil and criminal usury....
...return of any amounts paid. There is no authority for cumulating the penalties for both civil and criminal usury, and, in fact, the authority is to the contrary. See Rosenblum v. Hart,
95 So.2d 18, 19-20 (Fla. 1957) (noting that sections
687.04 and
687.071 recognize and define different degrees of usury and provide distinct and separate penalties which are not cumulative); Brown,
137 So.2d at 893 (same); Gordon v....
...of Pensacola, Inc.,
177 So.2d 859, 862 (Fla. 1st DCA 1965) (same); Coral Gables First Nat'l Bank v. Constructors of Fla., Inc.,
119 So.2d 741, 748-49 (Fla. 3d DCA 1960) (same). Contrary to Velletri's assertions, no court has held that the remedies provided in sections
687.04 and
687.071(7) are cumulative of each other....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21519
...PEARSON, JJ. DANIEL S. PEARSON, Judge. The appellant, OFS Equities, Inc., sued to foreclose a mortgage on real property located in Dade County, Florida. Conde, asserting that the interest charged on the mortgage note exceeded twenty-five per cent, see § 687.071(7), Fla....
...or appropriate action at the conclusion of the further proceedings herein ordered. Reversed and remanded. NOTES [1] We do not reach OFS's additional contentions that the trial court incorrectly cumulated the penalties provided in Sections
687.04 and
687.071(7), Florida Statutes (1979), see Rosenblum v....
CopyCited 2 times | Published | Supreme Court of Florida | 2013 WL 6124277
...ivate, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. d. the production of pornography. §
787.06(2)(c), Fla. Stat. Insert definition of loan sharking from §
687.071 Fla....
...ivate, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. d. the production of pornography. §
787.06(2)(c), Fla. Stat. Insert definition of loan sharking from §
687.071, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Marky, Asst. Atty. Gen., Virlyn B. Willis, Jr., Asst. State Atty., for appellant. William Randall Slaughter, Live Oak, for appellees. McCORD, Judge. Appellees were charged by information with criminal usury, loansharking, and shylocking in violation of 687.071, Fla. Stat. 1973, and with conspiracy to commit a felony, to wit: loansharking or shylocking. They moved to dismiss the criminal charges on the ground that they are immune from prosecution under § 687.071(6), Fla....
...Neither of the appellees was called as a witness on behalf of the state in the bribery trial. Ralph Powell was called and testified on behalf of the defendant, and defense counsel introduced into evidence a page from appellees' ledger reflecting the transaction with Alberta York. § 687.071(6), Fla....
...rwise, and no testimony so given or produced shall be received against him upon any criminal investigation or proceeding." (Emphasis supplied.) The foregoing statute relates only to immunity arising out of an investigation, proceeding or trial under § 687.071, Fla....
...Thus, the foregoing statute is not applicable. In their briefs and oral argument, however, both the state and appellees have argued the applicability of §
914.04, Fla. Stat. 1973, the general immunity statute. It is substantially the same as the specific immunity statute set forth in §
687.071(6)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2007 WL 294133, 2007 U.S. Dist. LEXIS 6191
...Section
687.02(1), Florida Statutes, provides that "[al contracts for the payment of interest upon any loan, advance of money, line of credit, or forbearance to enforce the collection of any debt at a higher rate *1324 of interest [than provided by law] are hereby declared usurious." Section
687.02(1) cross references §
687.071 which provides that: "If such loan, advance of money, line of credit, forbearance to enforce the collection of debt or obligation exceeds $500,000 in amount or value, then no 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 25% simple interest per annum "shall be an enforceable debt in the courts of this state."....
...rpose. Diversified Enterprises,
141 So.2d at 30. Thus, the question of whether Inversiones Charpari's special member interest falls within the scope of "any other obligation whatsoever" or an "extension of credit" as contemplated by §
687.02(1) and §
687.071(7) is answered in the negative....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 3411797
...mingled"). Next, Valliappan argues that the trial court erred in rejecting his usury defense because the "loan investment" involved an interest rate "in excess of 167%." Valliappan attempts to bring the transaction within the criminal usury statute, section 687.071(2), Florida Statutes (2004). Of significance in a civil case, section 687.071(7) provides that "[n]o 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." Having raised usury as an affirmative defense, Valliappan bore the burden of proof on that issue....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 14602, 2009 WL 3103301
...Under applicable Florida law, an annual simple interest equivalent return exceeding 25% on this type of loan constitutes criminal usury. Unpaid interest and principal are unenforceable with respect to such a loan, and additional penalties would also apply. § 687.071, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
..., §§
489.128, .532, Fla. Stat. (2017) (entitled "Contracts entered into by unlicensed contractors unenforceable"); §§
686.415 and .612, Fla. Stat. (2017) (specifically declaring unenforceable various sales, distribution, and franchise relationships); §
687.071(7), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14558, 2011 WL 4056160
...The parties agree that appellants established the first and second elements. As set forth below, we hold that appellants did not establish the third element. Criminal usury, which appellants allege, requires that the interest be in excess of 25% per annum. §§ 687.071(2) & (3), Fla. Stat. (2005). Because each loan was structured as requiring a series of advances rather than receiving the entire stated amount of the loan up front, the spreading statute contained in section 687.071(3) controls the calculation of the interest rate....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1993 Bankr. LEXIS 1096
...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." Fla.Stat. §
687.071 defines criminal usury as the making of a loan where the person making the loan "shall willfully and knowingly charge, take or receive interest thereon at a rate exceeding 25% per annum . . ." Fla.Stat. §
687.071(7) provides that "no extension of credit made in violation of any of the provisions of this section shall *717 be an enforceable debt in the courts of this state." It is well settled under Florida law that both Fla.Stat. §§
687.04 and
687.071 provide statutory causes of action which allow a borrower to seek affirmative relief against a lender who has made a usurious loan, as defined by the statutes....
...§
687.03, the borrower's remedy is to seek forfeiture of twice the amount of interest actually paid by the borrower. See Fla.Stat. §
687.04; Dezell v. King,
91 So.2d 624 (Fla.1956). In the case of a loan which rises to the level of criminal usury under Fla.Stat. §
687.071, the entire loan obligation is unenforceable and the borrower is entitled to seek forfeiture from the lender of any and all principal and interest actually paid by the borrower to the lender under the usurious loan....
...The Interest Rate Paid on the Notes As discussed above, the evidence presented at trial clearly showed that Defendant received what could only logically be characterized as interest from Omni on the Notes at rates in excess of the statutory maximums set forth in Fla.Stat. §§
687.04 and
687.071....
...this Court to attribute the payments he received from Omni to a complete repayment of principal before crediting those payments to interest under the Notes. Regardless, because this Court finds that the Notes were usurious in violation of Fla. Stat. § 687.071, Defendant's set-off defense and counterclaim cannot be sustained. Fla.Stat. § 687.071(7) unequivocally provides that a criminally usurious loan is not an enforceable debt....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1990 Bankr. LEXIS 1421, 1990 WL 95537
...Florida Statute §
687.02 provides in part that contracts for the payment of interest upon a loan at an interest rate greater than the equivalent of 18% per annum simple interest are usury. An interest rate of between 25% and 45% per annum constitutes criminal usury. Florida Statutes Section
687.071(2)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...*984 Plaintiff sued on a promissory note executed by the defendants in the sum of $150,000.00. Defendants responded to the complaint alleging affirmative defenses, inter alia, that the note sued upon was usurious and unenforceable under Sections
687.02,
687.03 and
687.071(7), Florida Statutes....
...nd alleging that the $7,521.00 represented back taxes owed to the plaintiff by defendant Freedman. The trial court found no genuine issues of material fact and entered summary final judgment declaring plaintiff's $150,000.00 note unenforceable under Section 687.071(7), Florida Statutes....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1986 Bankr. LEXIS 4684
...ditional loan payments under the Open Door Capital Corporation loans, interest rates reached as high as 74 percent and 95 percent when figured on an annual basis. These payments are far in excess of the 45 percent limitation provided under Fla.Stat. 687.071 which states: "(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 forty-five percent per ann...
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1991 WL 148349
...Rehearing Denied September 3, 1991. *387 Stuart I. Hyman of NeJame & Hyman, P.A., Orlando, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. This case involves the inter-relationship of section
687.071(3), Florida Statutes, of the usury statute and section
895.03(3), Florida Statutes, of the Florida Racketeer Influenced and Corrupt Organization (RICO) Act; problems in pleading violations of those statutes; the scope of a search warrant and the scope of a search pursuant to a search warrant. (1) FACTS (Stated most favorably to State): (1)(a) About January, 1988, the defendant made a loan of $10,000 in money to Ozzie Williams that was usurious under section
687.071(3), Florida Statutes....
...(1)(b) Williams made, and the defendant received, as interest on Williams' usurious loan, payment in March, April and May, 1988. (2)(a) About March, 1988, the defendant made a loan of $13,000 (or $15,000 or $17,000) in money to Haya Bigloo that was usurious under section 687.071(3), Florida Statutes....
...(2)(b) Bigloo made, and the defendant received, interest payments of $500 in each of the three months of April, May and June, 1988, on the $13,000 (or $15,000 or $17,000) usurious loan. (3)(a) In May, 1988, the defendant made a second loan of $3,000 (or $3,500) in money to Bigloo that was usurious under section 687.071(3), Florida Statutes....
...gloo paying, and the defendant receiving, the $2,500 as the principal and interest balance due on the Bigloo $3,000 (or $3,500) loan. (4) About June or July, 1988, the defendant made a loan of $10,000 in money to Lelia Bryant that was usurious under section 687.071(3), Florida Statutes. (5) About July, 1988 the defendant made a loan of $3,000 in money to Stanford Russell that was usurious under section 687.071(3), Florida Statutes....
...c unlawful activity in violation of section
896.101(2)(b)1., Florida Statutes. (3) CONVICTIONS: The defendant was convicted only of Count 1 (Racketeering by engaging in a pattern of racketeering activity, section
895.03(3)); Count 4 "loan sharking" (section
687.071(3), Florida Statutes) (relating to the $13,000 (or $15,000 or $17,000) loan to Bigloo [paragraph (2)(a) above]); Count 5 Racketeering by collection of an unlawful debt (relating to the $500 interest payments received on the $13,000 (or $15,000 or $17,000) loan to Bigloo [paragraph (2)(b) above]) and the videotaped receipt on August 5, 1988 of the final ($2,500) payment on the $3,000 (or $3,500) Bigloo loan (paragraph (3)(c) above); and Count 8 "loan sharking" (section
687.071(3), Florida Statutes) (relating to the $10,000 loan to Lelia Bryant paragraph (4) above)....
...ut we find those considered below to be more than sufficient to dispose of this appeal. (4)(a) AS TO COUNTS 4, 8 and 1 (4)(a)1. FAILURE TO ALLEGE THE ELEMENT OF CORRUPT INTENT Count 4 charges the defendant with the violation of the usury statute (section 687.071(3), Florida Statutes) as to the loan described in paragraph (2)(a) above. Count 8 charges the defendant with the violation of the usury statute (section 687.071(3), Florida Statutes) as to the loan described in paragraph (4) above....
....03(3), Florida Statutes) by participating in an "enterprise" in a pattern of racketeering activity by engaging in two of five enumerated incidents of racketeering conduct, the five enumerated instances alleged being violations of the usury statute (section 687.071(3), Florida Statutes) as to the loans described in paragraphs (1)(a), (2)(a), (3)(a), (4) and (5) above....
...led to include in the original sworn information allegations that the interest on the "extension of credit" (loans) described therein was "willfully and knowingly" charged, taken or received, as is a part of the definition of that crime contained in section 687.071(3), Florida Statutes....
...ers to many statutes making certain debts legally unenforceable in this state because contracted in violation of statutes prohibiting gambling or Chapter 687, Florida Statutes, relating to interest and usury. In summary, the usury statutes (sections 687.071(2) and (3), Florida Statutes), make it a crime to willfully and knowingly "charge, take or receive" interest *390 in excess of a specified rate....
...y to many other statutes relating to many types of illegal gambling and usurious debts. Sections
687.02 and
687.03 define contracts for interest in excess of 18% per annum to be usurious and make it unlawful to reserve, charge or take such interest. Section
687.071(2) makes it a second degree misdemeanor to willfully and knowingly charge, take or receive interest in excess of 25% per annum. Section
687.071(3) makes it a third degree felony to willfully and knowingly charge, take or receive interest in excess of 45% per annum. The reference in section
895.02(2)(a)3., of the RICO Act defining "unlawful debt" as a legally unenforceable debt incurred or contracted in violation of Chapter 687 appears to relate, not only to the criminal usury provisions of
687.071(2) and (3) ( see §
687.071(7), Fla....
...95.02(2)(a)3. includes a debt for interest legally unenforceable under section
687.04 because it is in excess of 18% provided in section
687.03; whereas "receiving" usurious interest exceeding 25% but not 45% is but a second degree misdemeanor under section
687.071(2)....
...th, an enterprise when collecting the unlawful debt but *391 this element does not make an adequate substantive distinction between a criminal "collection" of illegal debt under section
895.03(3) and a criminal "receiving" of usurious interest under section
687.071(2) and (3) because a defendant so employed or associated with an enterprise receiving usurious interest would also be guilty of a violation of section
687.071(2) or (3)....
...n to receive payment (as collecting on his insurance). [8] In any event, in the context of serious felony statutes, the lack of a meaningful definitional difference between the crime of "receiving" usurious interest under the criminal usury statute (section
687.071(2) and (3)) and the crime of "collection" of usurious interest (an unlawful or unenforceable debt under the RICO Act (section
895.03(3)) leads to the conclusion that by the enactment of section
895.03(3) relating to the collection of...
...debt, the legislature did not intend to create a distinct and new substantive crime punishable separate, apart and in addition to, the punishment for the preexisting crime of "receiving" usurious interest in violation of the usury statutes sections 687.071(2) and (3). There does not appear to be a reasoned, logical, coordinated relationship between the scope of criminal RICO charges involving violations of Chapter 687 and criminal usury charges under section 687.071(2) and (3); however, we do not believe the legislature intended to duplicate offenses which have essentially the same substantive elements....
...Constitution, that the search warrant "particularly" describe the thing or things to be seized. The documents, if any, as might constitute evidence of the charging, taking or receiving of usurious interest as to the two Bigloo loans, in violation of section 687.071(3), Florida Statutes, should have been so "particularly" and specifically described as to have permitted any document, found and examined by an officer executing the search warrant, to have been readily recognized as being, or not being, a document described in the warrant....
...We further hold that to the extent that sections
895.03(3) and
895.02(2) involve the collection of a debt unlawful because of a violation of the usury statute, the legislature did not intend or attempt to create a separate substantive crime duplicative of the felony charge of receiving a usurious rate of interest under section
687.071(3), Florida Statutes....
...d its collection a prohibited criminal activity under the RICO Act section
895.03(3), Florida Statutes, although the principal loaned is a lawful and enforceable debt. Interest charges over 25% but less than 45% are a second degree misdemeanor under section
687.071(2) and the underlying loan principal, while not criminalized by the usury statute, is made legally unenforceable by section
687.071(7), and possibly constitutes an "unlawful debt" under section
895.02(2) the collection of which is a crime under section
895.03(3). Charging, taking or receiving interest over 45% per annum is a third degree felony under section
687.071(3) and the underlying loan principal is also a legally unenforceable under section
687.071(7) and possibly an "unlawful debt" under section
895.02(2) the collection of which is a crime under RICO section
895.03(3)....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 2005 Bankr. LEXIS 2210, 2005 WL 3086842
...§ 1638; 4) violated HOEPA by failing to disclose specific terms of the loan as required by 15 U.S.C. § 1639; 5) extended her right to rescind the transaction pursuant to 15 U.S.C. § 1635; and 6) resulted in criminal usury pursuant to Florida Statute § 687.071....
...ure violation; 2) the $500.00 brokerage fee paid to Mr. Evans; and 3) $1,000.00 for attorney's fees. Count VICriminal Usury Finally, Plaintiff alleges that Defendant committed criminal usury because she charged an interest rate of at least 33.66%. Section 687.071 of the Florida Statutes provides a statutory remedy to a borrower against a lender who has made a criminally usurious loan. Criminal usury is the willful and knowing charge or receipt of interest in excess of 25% per annum. FLA. STAT. § 687.071(2). The civil penalty for a violation of the statute is the forfeiture of the entire principal amount. FLA. STAT. § 687.071(7)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 206432
...[4] Indeed, "a pawnbroker may not be licensed to transact business under this chapter." Section
516.02(4), Fla. Stat. (1991). If the Division can plead and prove that Quick Cash is unlawfully conducting business as a consumer finance company, or that it is engaging in a business method which involves criminal usury under section
687.071, Florida Statutes (1991), we conclude that this would involve a "disposition of ......
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 15 Fla. L. Weekly Fed. B 135, 2002 Bankr. LEXIS 361, 39 Bankr. Ct. Dec. (CRR) 118, 2002 WL 654321
...the debtor is required or obligated to pay a sum of money greater than the actual principal sum received, together with interest at the rate of the equivalent of 18% per annum simple interest." §
687.03, Fla. Stat. (emphasis added). Moreover, under section
687.071(3), Fla....
CopyPublished | Florida 3rd District Court of Appeal
... In response, BREA filed the underlying state court actions against
Hagshama—one as to the Sarasota Agreement and the other as to the
Orlando Agreement—alleging, inter alia, that appellees were attempting to
collect on two “criminally usurious debts” in violation of section 687.071,
Florida Statutes (2016). The complaints sought: damages for usury under
section 687.071 (Count I); declaratory relief, i.e., a declaration that the
Agreements are illegal and unenforceable against appellants (Count II); and
injunctive relief, i.e., enjoining appellees from enforcing the Agreements
(Count III)....
...Shakespeare of course illustrated its corrosive traits
in the notorious The Merchant of Venice. Usury and loansharking
were outlawed in all the American colonies, following English
common law practice. And usury is a crime in Florida, see Fla.
Stat. § 687.071....
CopyPublished | Florida 3rd District Court of Appeal | 9 Fla. L. Weekly 1959, 1984 Fla. App. LEXIS 14829
...denied,
148 So.2d 280 (Fla.1962) (where the lender intentionally charges interest at a rate in excess of that allowed by statute, he is guilty of usury regardless of what device is used to make the transaction appear other than a loan and interest thereon). Affirmed. . The appellants were found to have violated Section
687.071(2), Florida Statutes (1983) which provides: 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 ......
CopyPublished | Supreme Court of Florida | 2015 WL 5853925
...and intended to arouse or satisfy the sexual desires or
appeal to the prurient interest.
d. the production of pornography.
- 60 -
§
787.06(2)(c), Fla. Stat. Insert definition of loan sharking from §
687.071
Fla....
...photographed, recorded, or videotaped and intended to arouse or
satisfy the sexual desires or appeal to the prurient interest.
d. the production of pornography.
§
787.06(2)(c), Fla. Stat. Insert definition of loan sharking from §
687.071,
Fla....
CopyPublished | Florida 3rd District Court of Appeal
...the amount actually paid in principal and interest, which was $77,875.00.
They are correct.
They maintain the reason for the miscalculation is because the trial
court incorrectly cumulated the damages permitted under the “criminal”
usury statue, §
687.071, Florida Statutes, with the “civil” usury statute, §
687.04, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 2420, 1986 Fla. App. LEXIS 10708
his conviction and sentence for violation of section 687.-071(3), Florida Statutes (1985). Appellant contends
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1987 Bankr. LEXIS 1771
...the claimant. The trustee contends that there is no amount due and owing to the claimant and furthermore, contends that an objective analysis of the transactions, demonstrates that the transaction is criminally usurious as defined by Florida Statute § 687.071 and therefore unenforceable....
...This testimony demonstrates that the loan transaction and the interest amount in the loan transaction was in excess of thirty percent (30%) and therefore, supports the trustee’s position that the transaction is unenforceable under Florida law. See Fla.Stat. § 687.071....
CopyPublished | Florida 2nd District Court of Appeal | 1991 Fla. App. LEXIS 4765, 1991 WL 85549
...In 1988 and 1989, John and Joseph Laz-zara operated the Sahara Lounge and Package and the Dunes Lounge and Package. During an undercover police investigation involving several state and federal agencies, the FDLE discovered evidence that the Lazzaras were engaged in loan-sharking activities at these two locations. See § 687.071, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1931, 1992 WL 43105
...a criminal investigation of Mertens was underway. Accordingly, Mer-tens stated that the order to produce a “full accounting” would compel her to produce incriminating evidence against herself. In a supplement to her motion, Mer-tens stated that Section 687.071(5), Florida Statutes (1989), declares that books of accounts or other documents recording extensions of credit are “contraband” and that a party who possesses or maintains such books is guilty of a crime....
...Although we agree that the principle articulated in Nach would defeat Mertens’ exercise of the privilege if it were shown that she was required by law to keep the documents, the record does not support such a conclusion. The division also makes reference to section 687.071(6), dealing with criminal usury, loan sharking, and shylocking, which provides that no person shall be excused from producing books or records on the basis of the privilege against self-incrimination, and grants immunity from prosecution arising out of the production of such documents or records....
..., for any violation of this section.” (Emphasis added.) The administrative complaint at bar only charges Mertens with violating section
501.204, and there is nothing in the record that indicates that Mertens is the target of an investigation under section
687.071, much less that that statute is at issue in this case. Although it is reasonable for Mertens to believe that she might eventually be subject to criminal prosecution under section
687.071, subsection (6) cannot be used to anticipatorily prohibit Mertens from exercising her Fifth Amendment right before the division, nor to provide some kind of automatic use immunity in this proceeding....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 3006, 1993 WL 75795
...’s disclaimer clause and that such clause is credible evidence of lack of corrupt intent. The “savings clause” found in section
687.04(2), and as set forth in the promissory note applies only to civil usury. Appellants have pleaded usury under section
687.071, criminal usury....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 6799
...Appellee, a Federal Home Loan Bank, knew said rate of interest was in excess of that allowed by law, but it corruptly and unlawfully demanded and received same from appellants. Appellants had made demand on appellee to repay all sums owed to appellants pursuant to F.S. §§ 687.07 and 687.071, F.S.A.1971....
...To said second amended complaint, ap-pellee directed a motion to dismiss for failure to state a cause of action. The motion was granted and final judgment entered. As to Count I the motion to dismiss alleged that § 687.07 had been repealed prior to the commencement of this suit and that § 687.071 did not apply retroactively to this transaction....
...The portion of the motion directed to Count II relied upon the insufficiency of the allegations to state a cause of action in fraud and deceit. In our opinion the trial court was correct in holding Count I did not state a cause of action under F.S. § 687.07 or § 687.071, F.S.A....
...xcess of 25% was guilty of a misdemeanor and subject to forfeiture of the principal and interest. In 1969 the legislature passed Chapter 69-135, Laws of Florida, 1969, whose effective date was October 1, 1969. The first section of that chapter added § 687.071 to the Florida Statutes. That section repealed F.S. § 687.07, F.S.A. This suit was commenced in September 1971. Section 687.071 provides criminal penalties for usury in excess of 25% and further provides that “no extension of credit made in violation of any of the provisions of this section shall be enforceable debt in the courts of this state.” However, F.S. § 687.071, F.S.A., is not retroactive....
...Wilensky v. Fields, Fla.1972,
267 So.2d 1 ; Staros v. Avalon Shores, Inc., Fla.App.1971,
249 So.2d 448 . Accordingly, though the contract in question may have been subject to F.S. § 687.07, F.S.A., prior to its repeal, it was not thereafter. And, since F.S. §
687.071, F.S.A., does not apply retroactively to a *103 contract which predated its effective date, the contract in question falls in a hiatus between the termination date of F.S. § 687.07, F.S.A., and the effective date of F.S. §
687.071, F.S.A....
CopyPublished | Supreme Court of Florida | 1975 Fla. LEXIS 3944
...By making the aforementioned extension of credit and willfully and knowingly charging, taking or receiving interest at a rate exceeding forty-five percent (45%) per annum or the equivalent rate for a shorter period of time, The Respondent has committeed (sic) a felony in violation of Section
687.071(3) Florida Statutes, and he has violated Disciplinary Rules 1-102(A)(3) and (4), 5-104(A) and 7-102(A) (7) and (8) of the Code of Professional Responsibility and Rules
11.02(3) (a) and (b) of the Integration Rule of The Florida Bar....
...By making the aforementioned extension of credit and willfully and knowingly charging, taking or receiving interest at a rate exceeding forty-five percent (45%) per annum or the equivalent rate for a shorter period of time, the Respondent has committed a felony in violation of Section 687.071(3) Florida Statutes, and he has violated Disciplinary Rules 1-102(A) (3) and (4), 5-104(A) and 7-102(A)(7) and (8) of the Code of Pro1 fessional Responsibility and Rules 11.-02(3) (a) and (b) of the Integration Rule of The Florida Bar....
...By making the aforementioned extension of credit and willfully and knowingly charging, taking or receiving interest at a rate exceeding forty-five percent (45%) per annum or the equivalent rate for a shorter period of time, the Respondent has committed a felony in violation of Section 687.071(3) Florida Statutes, and he has violated Disciplinary Rules 1-102(A) (3) and (4), 5-104(A) and 7- *400 102(A)(7) and (8) of the Code of Professional Responsibility and Rules 11.-02(3) (a) and (b) of the Integration Rule of The Florida Bar....
CopyPublished | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 13607
unenforceable under the Criminal Usury Statute, section
687.071, Florida Statutes (1983). Argento admitted
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...Chapter 687 , Florida Statutes, regulates lending practices in this state and is designed to protect borrowers from paying unfair and excessive interest to overreaching creditors. This chapter sets limits on interest rates and prescribes penalties for the violation of those limits. Section 687.071 , Florida Statutes, defines criminal usury and in subsection (3) of the statute states: "Unless otherwise specifically allowed by law, any person making an extension of credit to any person, who shall willfully and knowingly charge, t...
...11 In addition, multiple violations of criminal usury and theft statutes may form the basis of a criminal racketeering prosecution under section
895.03 , Florida Statutes, provided all the other elements of the offense are established. 12 Sincerely, Robert A. Butterworth Attorney General RAB/tall 1 See, s.
687.071 (7), Fla. Stat. (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); and Jersey Palm-Gross, Inc. v. Paper,
658 So.2d 531 , 534 (Fla. 1995) (civil penalty for violating s.
687.071 is forfeiture of the entire principal amount)....
...Stat., which prohibits engaging in a pattern of racketeering activities as defined in s.
895.02 , Fla. Stat. And see, s.
895.04 , Fla. Stat., imposing criminal penalties for violations of s.
895.03 . Persons who commit multiple violations of usury under s.
687.071 , Fla....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 72 A.L.R. 6th 705, 22 Fla. L. Weekly Fed. B 528, 2010 Bankr. LEXIS 2513, 53 Bankr. Ct. Dec. (CRR) 143, 2010 WL 3055092
...n the claim from the date it accrued and attorney's fees. CONCLUSIONS OF LAW 1. The Liquidating Agent has objected to OYBS' Claim under the OYBS Agreement on the grounds that the OYBS Agreement constitutes a criminally usurious loan under Fla. Stat. § 687.071. The Liquidating Agent contends that this renders the entire OYBS Agreement, including any agreement to even return the original invested amount of $125,000.00, completely unenforceable. Fla. Stat. § 687.071 provides that it is criminal usury for any person making an extension of credit to any other person to knowingly and willfully charge interest at a rate over 25% per annum, and that no extension of credit made in violation of the Section is an enforceable debt....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 5319, 1990 WL 103690
...3 *1371 After IMC was placed in receivership by the Department of Insurance, First American timely filed its proof of claim now under review. The Department, as receiver, objected to the claim on grounds that, among others, the loans described above were usurious and unenforceable under the provisions of sections
687.03 and
687.071, Florida Statutes (1987)....
...[First American] loaned and extended credit to IMC in the amount of $10 million, for which Loans [First American] knowingly, willfully and with specific intent to commit criminal usury, charged, took and reserved interest in excess of 25%, but not in excess of 45% per annum, which resulted in criminal usury in violation of Section 687.071(2), Florida Statutes. 4. All obligations, requirements and duties incurred by IMC in connection with the Loans and the Preferred Stock are unenforceable against IMC under the laws of Florida, including but not limited to Section 687.071(7), Florida Statutes....
...urious. We address only one of these reasons. Second, it contends the court erred in denying the claim security status on the alternative grounds set forth above. The court below erred in finding the Loans criminally usurious and unenforceable under section 687.071 because it attributed a value of $3.75 million to the preferred stock transaction based on IMC’s obligation to repurchase the stock for that amount after two years without reducing the value attributable to that repurchase agreement to present value....
...cuments in this case. We do not, however, find it necessary to review the sufficiency of the record to support the trial court’s adverse ruling on this issue. Having determined that the loan transactions are not usurious under sections 687.-03 and 687.071 and thus not unenforceable under the provisions of that chapter, we now look to the trial court’s alternative grounds for its rulings....
CopyPublished | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 6848, 1994 WL 330236
...This is an appeal by the plaintiff Hilda Bell from an adverse final summary judgment in an action to collect on a $16,784.17 loan. The trial court concluded that the loan carried a criminally usurious rate of interest (64.3%) and therefore was unenforceable under Section 687.071(7), Florida Statutes (1987)....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15139
mortgage cancelled pursuant to Florida Statutes §
687.071(7), which invalidates extensions of credit which
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 2557, 2006 WL 437395
...Payer,
658 So.2d 531 (Fla.1995), the supreme court stated: The Florida Legislature enacted Chapter 687, Florida Statutes (1993), to protect borrowers from paying unfair and excessive interest to overreaching creditors. This chapter sets limits on interest rates and prescribes penalties for the violation of those limits. Section
687.071(2), Florida Statutes (1993), defines criminal usury as the willful and knowing charge or receipt of interest in excess of 25% per annum. Id. The civil penalty for violating this statute is forfeiture of the entire principal amount. §
687.071(7), Fla.Stat....
...Diversified Enters., Inc. v. West,
141 So.2d 27, 29 (Fla. 2d DCA 1962). The trial court found that the agreements included in counts I and V were valid and binding contracts whereas the agreements sued upon in counts II, III, IV, VI and VII were usurious under section
687.071, Florida Statutes (2000), and therefore unenforceable....
CopyPublished | Supreme Court of Florida | 1976 Fla. LEXIS 4300
...Certiorari was granted in this cause because of apparent conflict between the instant decision of the Fourth District Court of Appeal reported at
297 So.2d 101 (Fla.App.4th 1974), and. the decision of this Court in Tel Service Co., Inc. v. General Capital Corporation,
227 So.2d 667 (Fla.1969), concerning the applicability of Section
687.071, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 1913, 1988 Fla. App. LEXIS 3621, 1988 WL 81843
...3d DCA 1986), supports the factual finding that the rate of interest reserved in the note and mortgage sued upon exceeded the twenty-five per cent limit provided by the criminal usury statute. §
687.02, Fla. Stat. (1985). The legal effect of that determination, as the trial court also correctly held, and as section
687.071(7), Florida Statutes (1985) 1 provides, is to preclude outright the enforceability of the obligation, even by a bona fide purchaser such as the appellants claim to be....
...Warren, 451 S.W.2d 921 (Tex.Civ.App.1970); compare §
687.04, Fla. Stat. (1985) (precluding forfeiture of interest against b.f.p. on civilly usurious transaction involving interest less than twenty-five per cent). Accordingly the judgment below is Affirmed. .
687.071 Criminal usury, loan sharking; shy-locking....
CopyPublished | Florida 5th District Court of Appeal | 2004 WL 1906883
...both legal and illegal terms, refused to enforce the illegal usurious portion of the agreement, but enforced the remainder of the agreement requiring the repayment of the principal amount borrowed of $65,000. We conclude that the trial court erred. Section 687.071(3), Florida Statutes (2003), provides that anyone who willfully and knowingly charges, takes, or receives interest at a rate exceeding 45% per annum, or the equivalent rate for a longer or shorter period of time, is guilty of a third degree felony. Any person who lends money contrary to section 687.071(3) is by definition a "loan shark." § 687.071(1)(f), Fla. Stat. (2003). Section 687.071(7) provides that, "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." The interest rate charged on the 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)....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1981 Bankr. LEXIS 3103
therefore usurious under §
687.03 (civil remedy) and §
687.071 (criminal penalty), Florida Statutes. He bases
CopyPublished | Florida 5th District Court of Appeal | 1971 Fla. App. LEXIS 6680
violation of subsections (2), (3), or (4) of §
687.071 which violations constitute crimes * * The trial
