Your Rights as a Florida Borrower: The 60-Day Grace Period

Woman at home reading a document about her Florida borrower rights and the 60-day grace period

Among Florida borrower rights, the Florida borrower grace period stands out as one of the strongest consumer protections in the Deferred Presentment Act — and one worth understanding before you ever need it.

Quick answer: Florida borrowers who can’t repay a payday loan on time can request a 60-day no-charge grace period, but must schedule an appointment with an NFCC-affiliated credit counseling agency within 7 days and complete counseling within the grace period.

How the Florida Borrower Grace Period Works, Step by Step

  • Before your due date, tell the lender in person that you can’t repay in full
  • The lender must give you a list of approved credit counseling agencies affiliated with the National Foundation for Credit Counseling (NFCC)
  • Schedule an appointment with one of these agencies within 7 days of your original due date
  • Complete the counseling within the 60-day grace period that follows
  • Follow any repayment plan the counselor recommends, without added fees or interest

Other Protections Beyond the Florida Borrower Grace Period

  • Florida law bans criminal-action threats over an unpaid loan and treats it as a civil matter, not a crime
  • Loan agreements can’t include clauses waiving your legal rights or pre-authorizing a judgment
  • Lenders can’t collect fees in advance or require additional security or a guarantor
  • Renewing or rolling over the loan instead of using the grace period isn’t allowed — see our guide on Florida’s payday loan rollover rules for details

Where to Complain if These Rules Aren’t Followed

File a complaint with the Florida Office of Financial Regulation, which investigates licensing violations and improper collection practices by state-licensed lenders. For a full walkthrough, see our guide on how to file a complaint with the OFR.

FAQ

Do I automatically receive the Florida borrower grace period?

No, you must notify the lender in person before the due date and complete the required credit counseling steps.

Is there a cost for the grace period?

No, Florida law requires it at no added charge once you meet the counseling requirements.

What if a lender refuses to offer it?

That’s grounds for a complaint with the Florida Office of Financial Regulation.

This article is educational and is not financial or legal advice. Before you borrow, check that the lender holds a license from the Florida Office of Financial Regulation (OFR).

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