The 2023 Florida Statutes (including Special Session C)

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 621
PROFESSIONAL SERVICE CORPORATIONS AND LIMITED LIABILITY COMPANIES

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F.S. 621.07

621.07 Liability of officers, agents, employees, shareholders, members, and corporation or limited liability company.—Nothing contained in this act shall be interpreted to abolish, repeal, modify, restrict, or limit the law now in effect in this state applicable to the professional relationship and liabilities between the person furnishing the professional services and the person receiving such professional service and to the standards for professional conduct; provided, however, that any officer, agent, member, manager, or employee of a corporation or limited liability company organized under this act shall be personally liable and accountable only for negligent or wrongful acts or misconduct committed by that person, or by any person under that person’s direct supervision and control, while rendering professional service on behalf of the corporation or limited liability company to the person for whom such professional services were being rendered; and provided further that the personal liability of shareholders of a corporation, or members of a limited liability company, organized under this act, in their capacity as shareholders or members of such corporation or limited liability company, shall be no greater in any aspect than that of a shareholder-employee of a corporation organized under chapter 607 or a member-employee of a limited liability company organized under chapter 605. The corporation or limited liability company shall be liable up to the full value of its property for any negligent or wrongful acts or misconduct committed by any of its officers, agents, members, managers, or employees while they are engaged on behalf of the corporation or limited liability company in the rendering of professional services.

History.—s. 7, ch. 61-64; s. 2, ch. 67-590; s. 11, ch. 79-9; s. 8, ch. 93-110; s. 81, ch. 93-284; ss. 24, 25, ch. 2013-180.

F.S. 621.07 on Google Scholar

F.S. 621.07 on Casetext

Amendments to 621.07

Arrestable Offenses / Crimes under Fla. Stat. 621.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 621.07.

Annotations, Discussions, Cases:

Cases from cite.case.law:

COVEY RUN, LLC, v. WASHINGTON CAPITAL, LLC,, 196 F. Supp. 3d 87 (D.D.C. 2016)

. . . . § 621.07 (West) (an officer of a professional organization may be liable for “negligent or wrongful . . . Ann. § 621.07, the corporate form of a professional services organization “does not automatically shield . . . Heathman, 744 So.2d 973, 978 (Fla.1999); see also id. at 978-79 (“[S]ection 621.07 make[s] clear that . . . Ann. § 621.07. . . . See, e.g., Moransais, 744 So.2d at 979 (describing Section 621.07 as providing a statutory "cause of . . .

SOLNES, v. WALLIS WALLIS, P. A., 15 F. Supp. 3d 1258 (S.D. Fla. 2014)

. . . The Moransais Court cited to Section 621.07, Fla. . . . Section 621.07, Fla. . . . Stat. § 621.07 (2012). The Act, however, applies only to tort actions. . . .

CORDELL CONSULTANT, INC. MONEY PURCHASE PLAN AND TRUST, a v. C. ABBOTT, S., 561 F. App'x 882 (11th Cir. 2014)

. . . . § 621.07, it was also error to dismiss the claims against the defendant-law firm. . . .

In ALL AMERICAN SEMICONDUCTOR, INC. AASI A. v. USA,, 490 B.R. 418 (Bankr. S.D. Fla. 2013)

. . . . § 621.07 and § 471.023. . . . .

FRANZONE, v. STATE, 58 So. 3d 329 (Fla. Dist. Ct. App. 2011)

. . . . § 621.07, Fla. . . .

MASSEY, v. F. DAVID,, 831 So. 2d 226 (Fla. Dist. Ct. App. 2002)

. . . See § 621.07, Fla. Stat. (1995). But no party contends that Mr. . . .

G. O KEEFE H. O M. O D. H. O v. W. DARNELL P. P. B. R. Jr. G. D. M. H., 192 F. Supp. 2d 1351 (M.D. Fla. 2002)

. . . construct does not automatically shield the attorneys from individual liability,” Florida Statute § 621.07 . . .

HOCH, v. RISSMAN, WEISBERG, BARRETT,, 742 So. 2d 451 (Fla. Dist. Ct. App. 1999)

. . . Section 621.07 The court below held that Hoch’s claims against the Rissman law firm and its members were . . . barred by section 621.07. . . .

H. MORANSAIS, v. S. HEATHMAN, a D. J., 744 So. 2d 973 (Fla. 1999)

. . . Section 621.07 of the Professional Service Corporation Act (“Act”), states in pertinent part: Nothing . . . An illustration of the application of section 621.07 is provided in Gershuny v. . . . In our review, we noted: [Ujnder section 621.07, the group of physicians comprising the Association could . . . corporation does not shield them from liability in this case since both section 471.023 and section 621.07 . . . See § 621.07, Fla. Stat. (1997). . . .

PORLICK, POLIQUIN, SAMARA, INC. A. P. E. v. J. COMPTON,, 683 So. 2d 545 (Fla. Dist. Ct. App. 1996)

. . . . § 621.07, Fla. Stat. (1995)(emphasis added). . . . Section 621.07 has received scant notice in appellate opinions. . . . For PSCs in general, the provision of section 621.07 that the personal liability of shareholders of a . . . Section 621.07, entitled “Liability of officers, agents, employees, shareholders, members, and corporation . . . behalf of the corporation or limited liability company in the rendering of professional services. § 621.07 . . .

W. KREHLING, Jr. v. BARON, N. Jr. F. P. A. s, 900 F. Supp. 1574 (M.D. Fla. 1995)

. . . Florida Statute § 621.07 establishes limited liability for members of a professional service corporation . . . Fla.Stat.Ann. § 621.07 (1995). . . . set forth sufficient facts to show that Defendant committed a wrongful act within the meaning of § 621.07 . . .

SOUTHLAND CONSTRUCTION, INC. v. RICHESON CORP. a E., 642 So. 2d 5 (Fla. Dist. Ct. App. 1994)

. . . Sections 471.023(3) and 621.07 fully contemplate tort liability for the individuals who perform the service . . . Section 621.07, Florida Statutes (1993) provides: Nothing contained in this act shall be interpreted . . .

In G. I. C. GOVERNMENT SECURITIES, INC., 104 B.R. 475 (Bankr. M.D. Fla. 1989)

. . . Section 621.07 entitled, Liability of officers, agents, employees, shareholders and corporation provides . . .

GERSHUNY, v. MARTIN McFALL MESSENGER ANESTHESIA PROFESSIONAL ASSOCIATION,, 539 So. 2d 1131 (Fla. 1989)

. . . Section 621.07 addresses the liabilities of shareholders of a professional association and provides: . . . Thus under section 621.07, the group of physicians comprising the Association could be held personally . . . For purposes of liability under section 621.07 or an award of attorney’s fees under section 768.56, it . . .

P. VAH, v. GARNER EMERGENCY PHYSICIANS, P. A. a a, 490 So. 2d 967 (Fla. Dist. Ct. App. 1986)

. . . The other arguments raised on appeal — indispensable party, statutory joinder under section 621.07, Florida . . .

ALLEN, v. T. HOOVER, M. D., 489 So. 2d 1160 (Fla. Dist. Ct. App. 1986)

. . . Section 621.07, Florida Statutes (1985) provides that a professional service corporation is liable for . . .

CORLETT, KILLIAN, HARDEMAN, McINTOSH AND LEVI, P. A. f k a P. A. v. C. MERRITT, D. B. III,, 478 So. 2d 828 (Fla. Dist. Ct. App. 1985)

. . . nonetheless governed by the ethical standards contained in the Code of Professional Responsibility, § 621.07 . . . Under Section 621.07, Florida Statutes, the personal liability of shareholders in a professional service . . .

F. MILLER, Jr. v. J. WILLIAMS A. d b a a, 300 So. 2d 752 (Fla. Dist. Ct. App. 1974)

. . . See Sec. 621.06 and Sec. 621.07, Florida Statutes. . . .

A. KURZNER C. A. v. UNITED STATES, 413 F.2d 97 (5th Cir. 1969)

. . . However, in a seeming excess of caution, section 621.07 of the act made clear that the shareholder-professionals . . . Fla.Stat. § 621.07 (1961). . Fla.Stat § 621.07 (1967). . . . The Government invites us to speculate that the Florida courts might construe the original section 621.07 . . .

F. SMITH v. UNITED STATES, 301 F. Supp. 1016 (S.D. Fla. 1969)

. . . Section 621.07, Florida Statutes, F.S.A. . . .

A. KURZNER C. A. v. UNITED STATES, 286 F. Supp. 839 (S.D. Fla. 1968)

. . . ease at bar set forth the liabilities of the employees of the corporation as well as the corporation. 621.07 . . .

S. SUGERMAN v. STREET, 198 So. 2d 57 (Fla. Dist. Ct. App. 1967)

. . . Section 621.07, Florida Statutes, F.S.A., however, provides, in part: “Nothing contained in this act . . .