The 2023 Florida Statutes (including Special Session C)

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 605
FLORIDA REVISED LIMITED LIABILITY COMPANY ACT

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F.S. 605.0801

605.0801 Direct action by member.—

(1) Subject to subsection (2), a member may maintain a direct action against another member, a manager, or the limited liability company to enforce the member’s rights and otherwise protect the member’s interests, including rights and interests under the operating agreement or this chapter or arising independently of the membership relationship.

(2) A member maintaining a direct action under this section must plead and prove either:

(a) An actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited liability company; or

(b) An actual or threatened injury resulting from a violation of a separate statutory or contractual duty owed by the alleged wrongdoer to the member, even if the injury is in whole or in part the same as the injury suffered or threatened to be suffered by the limited liability company.

History.—s. 2, ch. 2013-180; s. 255, ch. 2019-90.

F.S. 605.0801 on Google Scholar

F.S. 605.0801 on Casetext

Amendments to 605.0801

Arrestable Offenses / Crimes under Fla. Stat. 605.0801

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 605.0801.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SILVER CROWN INVESTMENTS, LLC, a v. TEAM REAL ESTATE MANAGEMENT, LLC, a, 349 F. Supp. 3d 1316 (S.D. Fla. 2018)

. . . . § 605.0801. In Ferk Family, LP v. . . .

FERK FAMILY, LP, v. FRANK,, 240 So. 3d 826 (Fla. App. Ct. 2018)

. . . Specifically, section 605.0801, Florida Statutes (2016), titled "Direct action by member," provides: . . . (k) Unreasonably restrict the right of a member to maintain an action under ss. 605.0801 - 605.0806. . . .