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. 605.0802

605.0802 Derivative action.—A member may maintain a derivative action to enforce a right of a limited liability company if:

(1) The member first makes a demand on the other members in a member-managed limited liability company or the managers of a manager-managed limited liability company requesting that the managers or other members cause the company to take suitable action to enforce the right, and the managers or other members do not take the action within a reasonable time, not to exceed 90 days; or

(2) A demand under subsection (1) would be futile, or irreparable injury would result to the company by waiting for the other members or the managers to take action to enforce the right in accordance with subsection (1).

History.—s. 2, ch. 2013-180.

F.S. 605.0802 on Google Scholar

F.S. 605.0802 on Casetext

Amendments to 605.0802

Arrestable Offenses / Crimes under Fla. Stat. 605.0802

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 605.0802.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HOME TITLE COMPANY OF MARYLAND, INC. a v. J. LASALLA,, 257 So. 3d 640 (Fla. App. Ct. 2018)

. . . . §§ 605.0802, 605.0803. . . .

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

. . . Stat § 605.0802 and, therefore, the claim must be dismissed. (ECF No. 48, p. 13). . . . Stat. § 605.0802's prerequisites: (1) The member first makes a demand on ... the managers of a manager-managed . . . Here, Plaintiffs simply allege that a § 605.0802 pre-suit demand to Defendants would have been futile . . . Stat. § 605.0802. c. . . . Stat. § 605.0802, to bring a derivative claim, an LLC member must make a pre-suit demand or, in the alternative . . .