Florida Statute 605.802 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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Amendments to 605.0802

Annotations, Discussions, Cases:

Cases Citing Statute 605.0802

Total Results: 1

Silver Crown Invs., LLC v. Team Real Estate Mgmt., LLC

349 F. Supp. 3d 1316

District Court, S.D. Florida | Filed: Sep 29, 2018 | Docket: 64321828

Cited 6 times | Published

prosecute a derivative claim under Fla. Stat § 605.0802 and, therefore, the claim must be dismissed.