Florida Statutes
Fla. Stat. § 607.0830 (2025)
General standards for directors.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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607.0830 General standards for directors.—
(1) Each member of the board of directors, when discharging the duties of a director, including in discharging his or her duties as a member of a board committee, must act:
(a) In good faith; and
(b) In a manner he or she reasonably believes to be in the best interests of the corporation.
(2) The members of the board of directors or a board committee, when becoming informed in connection with a decisionmaking function or devoting attention to an oversight function, shall discharge their duties with the care that an ordinary prudent person in a like position would reasonably believe appropriate under similar circumstances.
(3) In discharging board or board committee duties, a director who does not have knowledge that makes reliance unwarranted is entitled to rely on the performance by any of the persons specified in paragraph (5)(a) or paragraph (5)(b) to whom the board may have delegated, formally or informally by course of conduct, the authority or duty to perform one or more of the board’s functions that are delegable under applicable law.
(4) In discharging board or board committee duties, a director who does not have knowledge that makes reliance unwarranted is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, prepared or presented by any of the persons specified in subsection (5).
(5) A director is entitled to rely, in accordance with subsection (3) or subsection (4), on:
(a) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the functions performed or the information, opinions, reports, or statements provided;
(b) Legal counsel, public accountants, or other persons retained by the corporation or by a committee of the board of the corporation as to matters involving skills or expertise the director reasonably believes are matters:
1. Within the particular person’s professional or expert competence; or
2. As to which the particular person merits confidence; or
(c) A committee of the board of directors of which the director is not a member if the director reasonably believes the committee merits confidence.
(6) In discharging board or board committee duties, a director may consider such factors as the director deems relevant, including the long-term prospects and interests of the corporation and its shareholders, and the social, economic, legal, or other effects of any action on the employees, suppliers, customers of the corporation or its subsidiaries, the communities and society in which the corporation or its subsidiaries operate, and the economy of the state and the nation.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1992–2026 · leading case: Off. Comm. of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Sav. Bank, FSB (In Re Toy King Distributors, Inc.), 256 B.R. 1 (Bankr. M.D. Fla. 2000).
Off. Comm. of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Sav. Bank, FSB (In Re Toy King Distributors, Inc.), 256 B.R. 1 (Bankr. M.D. Fla. 2000). “The unsecured creditors committee seeks to recover money damages from all individual defendants on the theory that they breached their fiduciary duties as set forth in Section 607.0830, Florida Statutes. Section 607.”
McDowell v. Stein, 415 B.R. 584 (S.D. Fla. 2009). “In In re Talmo, the bankruptcy court held that Fla. Stat. § 607.0830 , which imposes certain fiduciary obligations upon officers and directors of a corporation, does not create an express trust relationship sufficient to satisfy § 523(a)(4).”
Fed. Deposit Ins. v. Gonzalez-Gorrondona, 833 F. Supp. 1545 (S.D. Fla. 1993). “1988), repealed and re-enacted as Fla. Stat. §§ 607.0830 , 607.0831 (West Supp.”
Welt v. Jacobson (In Re Aqua Clear Tech., Inc.), 361 B.R. 567 (Bankr. S.D. Florida 2007). “(a) Count XVI Under applicable Florida corporate law, a director must perform his or her corporate duties (1) in good faith; (2) with such care as an ordinary prudent person in a like position would exercise under similar circumstances; and (3) in a manner the director…”
Kapila v. Clark (In Re Trafford Distrib. Ctr., Inc.), 431 B.R. 263 (Bankr. S.D. Florida 2010). “Wortley for breach of fidueia- *290 ry duty pursuant to Fla. Stat. §§ 607.0830 (1), 607.0831(l)(a) and common law.”
HEATH TRERICE, individually & in his derivative capacity, etc. v. HOWARD TRERICE, 250 So. 3d 695 (Fla. 4th DCA 2018). “An amended complaint alleged four counts: (1) breach of statutory fiduciary duty in violation of Section 607.0830(1), Florida Statutes; (2) breach of common law fiduciary duty; (3) corporate waste; and (4) unlawful suppression of dividends.”
In Re Luxottica Grp. S.P.A., Sec. Litig., 293 F. Supp. 2d 224 (E.D.N.Y 2003). “Fla. Stat. § 607.0830 . The essence of these claims is that, by entering into the Consulting Agreement, Haus-lein and, through their acquiescence, the Directors (together with Hauslein, “Director Defendants”), failed to ensure that plaintiffs received maximum value for their…”
Kapila v. Talmo (In Re Talmo), 175 B.R. 775 (Bankr. S.D. Florida 1994). “§ 607.0830, which provides: (1) A director shall discharge his duties as a director, including his duties as a member of a committee: *778 (a) In good faith; (b) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (e) In…”
Kloha v. Duda, 246 F. Supp. 2d 1237 (M.D. Fla. 2003). “Fla. Stat. § 607.0830 (3). Here, the record establishes that Defendant Directors properly considered impact on employees, including family members, as one of many factors.”
Grant v. Bessemer Trust Co. of Florida, 117 So. 3d 830 (Fla. 4th DCA 2013). “See § 607.0830(1), Fla. Stat.; In re Aqua Clear Techs.”
Florida Dep't of Ins. v. Blackburn (In Re Blackburn), 209 B.R. 4 (Bankr. M.D. Fla. 1997). “Indeed, Judge Proctor’s decision in Allen is substantially the same as Judge Mark’s decision in Kapila v.”
Hanger Orthopedic Grp., Inc. v. McMurray, 181 F.R.D. 525 (M.D. Fla. 1998). “Fla.Stat. §§ 607.0830, 607.0832, 607.0833, 607.”
— 607.0830(1) — 5 cases
HEATH TRERICE, individually & in his derivative capacity, etc. v. HOWARD TRERICE, 250 So. 3d 695 (Fla. 4th DCA 2018). “An amended complaint alleged four counts: (1) breach of statutory fiduciary duty in violation of Section 607.0830(1), Florida Statutes; (2) breach of common law fiduciary duty; (3) corporate waste; and (4) unlawful suppression of dividends.”
Grant v. Bessemer Trust Co. of Florida, 117 So. 3d 830 (Fla. 4th DCA 2013). “See § 607.0830(1), Fla. Stat.; In re Aqua Clear Techs.”
Rehab. Advisors, Inc. v. Floyd, 601 So. 2d 1286 (Fla. 5th DCA 1992).
Kapila v. Clark (In Re Trafford Distrib. Ctr., Inc.), 431 B.R. 263 (Bankr. S.D. Florida 2010). “Wortley for breach of fidueia- *290 ry duty pursuant to Fla. Stat. §§ 607.0830 (1), 607.0831(l)(a) and common law.”
Owoc (Bankr. S.D. Florida 2026).
— 607.0830(2)(a) — 1 case
Kloha v. Duda, 246 F. Supp. 2d 1237 (M.D. Fla. 2003). “Fla. Stat. § 607.0830 (3). Here, the record establishes that Defendant Directors properly considered impact on employees, including family members, as one of many factors.”
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