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The Florida Statutes

The 2018 Florida Statutes

Title XXXVIII
BANKS AND BANKING
Chapter 658
BANKS AND TRUST COMPANIES
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F.S. 658.491
658.491 Commercial loans by financial institutions.
(1) In making collateralized commercial loans secured by accounts, contract rights, or other receivables, any bank may charge and collect audit charges in addition to interest. All such audit charges shall be excluded from interest in determining compliance with chapter 687, relating to interest and usury.
(2) For purposes of this section, “audit charges” means all charges payable to the bank or any of its affiliates for auditing, verifying, or otherwise evaluating accounts, contract rights, or other receivables prior to or during the term of the collateralized commercial loan. The amount of the charges shall be determined by written agreement between the borrower and the bank or any such affiliate. The parties may, without limitation, establish audit charges as a percentage of the total amount of receivables outstanding from time to time.
(3) Nothing contained in this section shall:
(a) Prohibit a bank from collecting charges other than audit charges; or
(b) Render other charges “interest” for purposes of determining compliance with chapter 687.
History.ss. 1, 2, ch. 90-41; s. 1, ch. 91-307; s. 1, ch. 92-303.