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Florida · checked October 24, 2026

Payday loans in Florida: the rules and your way out

Payday loans allowed, with limits

Florida allows licensed money services businesses to make deferred presentment (payday) loans of up to $500 for 7 to 31 days at a 10% fee, or installment payday loans of up to $1,000 for 60 to 90 days, with one loan at a time tracked in a state database.

Law: Fla. Stat. §§ 560.402-560.408 (Part IV, Deferred Presentment Transactions); § 560.309(8). The 2026 Florida Statutes on the Legislature's Online Sunshine site (§§ 560.309, 560.405, 560.406 show amendments by ch. 2026-174), read 2026-10-24

Florida's rules, line by line

Largest loan
$500 face amount of the check for a single-payment transaction; $1,000 face amount or outstanding balance for a deferred presentment installment transaction, in each case exclusive of fees (Fla. Stat. § 560.404(5)).
Shortest term
7 days (single-payment); 60 days (installment) (Fla. Stat. § 560.404(8)).
Longest term
31 days (single-payment); 90 days (installment) (Fla. Stat. § 560.404(8)).
Fee or rate cap
Fees may not exceed 10 percent of the currency or payment instrument provided (single-payment), or 8 percent of the outstanding transaction balance on a biweekly basis (installment), plus a verification fee under § 560.309(8), set by rule at no more than $5 (Fla. Stat. § 560.404(6)). Prepayment penalties prohibited.
Renewals and rollovers
Prohibited: a provider may not roll over a deferred presentment agreement or redeem, extend or consolidate it with the proceeds of another deferred presentment transaction by the same provider or an affiliate (Fla. Stat. § 560.404(18)).
Waiting period between loans
24 hours: no new transaction with a person whose previous deferred presentment transaction with any provider was terminated less than 24 hours earlier (Fla. Stat. § 560.404(19)).
Loans at once
One: no transaction with a drawer who has an outstanding deferred presentment transaction with that provider or any other provider (Fla. Stat. § 560.404(19)).
Payment plan if you cannot pay
Yes. Single-payment loans: if by the end of the deferment period you tell the lender in writing or in person that you cannot pay in full, the lender must give a 60-day grace period at no additional charge; as a condition you must make an appointment with a consumer credit counseling agency within 7 days after the end of the deferment period and complete counseling by the end of the grace period, and you may agree to a repayment plan approved by the agency, which the lender must then also follow (Fla. Stat. § 560.404(22)). Installment loans: if you tell the lender in writing or in person by noon of the business day before a scheduled payment that you cannot pay it in full, the lender must let you defer that payment, at no additional fee, until after the last scheduled payment; one deferral per loan (§ 560.404(23)). The lender may not deposit your check after you tell it you cannot pay, unless you fail to meet these conditions (§ 560.404(21)).
State loan database
Yes: the Office of Financial Regulation's real-time deferred presentment database (Fla. Stat. § 560.404(24)); lenders must check it before each transaction.
Limits on collection
A borrower who issues a personal check under a deferred presentment agreement is not subject to criminal penalty (except as otherwise provided in the part), and the lender may not collect treble damages under § 68.065; its collection notice must say it is not entitled to them (Fla. Stat. § 560.406(1)). Lender may pass on charges imposed on it by its bank for a returned check but may not assess other collection costs without a court judgment (§ 560.406(2)-(3)). Must comply with the Florida Consumer Collection Practices Act and, if using a third-party collector, the federal FDCPA (§ 560.406(2)). No added fees after the borrower says they cannot pay (§ 560.404(21)). No additional security or guarantor may be required (§ 560.404(9)).
Other rights
Right to redeem the check at any time before the presentment date by paying the outstanding balance and earned fees, with a signed receipt (Fla. Stat. § 560.405(3)-(4)). Agreements may not contain a hold-harmless clause, confession of judgment, wage assignment, waiver of claims or defenses, or waiver of the statute (§ 560.404(10)). TILA disclosures required (§ 560.404(13)).

If you are behind on a payday loan in Florida

  1. Ask for the payment plan before the due date. Florida law gives borrowers a way to repay in installments. The details are in the table above. Ask in writing and keep a copy.
  2. Stop the automatic withdrawals if they are emptying your account. You can revoke the lender's permission to debit your account and tell your bank. How to do it.
  3. Look at a credit union payday alternative loan. Federal credit unions can lend $200 to $2,000 at much lower cost. How they work.
  4. Talk to a nonprofit credit counselor. A counselor can look at all your bills, not just this one. How to find a real one.

Check a lender, or report one

Sources

This page summarizes the law; it is not legal advice. Laws change, and the statute and regulator control. If something here is out of date, write to hello@paydayloan.help.

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