Florida Statutes
Fla. Stat. § 605.0805 (2025)
Proceeds and expenses.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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605.0805 Proceeds and expenses.—
(1) Except as otherwise provided in subsection (2):
(a) Proceeds or other benefits of a derivative action under s. 605.0802, whether by judgment, compromise, or settlement, belong to the limited liability company and not to the plaintiff; and
(b) If the plaintiff receives any proceeds, the plaintiff shall remit them immediately to the company.
(2) If a derivative action is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney fees and costs, from the recovery of the limited liability company.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2024–2024 · leading case: Kanter v. Healy (M.D. Fla. 2024).
Kanter v. Healy (M.D. Fla. 2024). “Kanter argues that Florida Statute § 605.0805 “allows [a] Court to award fees to the derivative counsel, but ONLY if successful in the litigation and ONLY from the proceeds of the successful litigation.”
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