Florida Statute 607.1604 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 607
FLORIDA BUSINESS CORPORATION ACT

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F.S. 607.1604

607.1604 Court-ordered inspection.—

(1) If a corporation does not allow a shareholder who complies with s. 607.1602(1) to inspect and copy any records required by that subsection to be available for inspection, the circuit court in the applicable county may summarily order inspection and copying of the records demanded at the corporation’s expense upon application of the shareholder. If the court orders inspection and copying of the records demanded under s. 607.1602(1), it shall also order the corporation to pay the shareholder’s expenses, including reasonable attorney fees, incurred to obtain the order and enforce its rights under this section.

(2) If a corporation does not within a reasonable time allow a shareholder who complies with s. 607.1602(2) to inspect and copy the records required by that section, the shareholder who complies with s. 607.1602(3) may apply to the circuit court in the applicable county for an order to permit inspection and copying of the records demanded. The court shall dispose of an application under this subsection on an expedited basis.

(3) If the court orders inspection or copying of the records demanded under s. 607.1602(2), it may impose reasonable restrictions on the disclosure, use, or distribution of, and reasonable obligations to maintain the confidentiality of, such records, and it shall also order the corporation to pay the shareholder’s expenses incurred, including reasonable attorney fees, incurred to obtain the order and enforce its rights under this section unless the corporation establishes that the corporation refused inspection in good faith because the corporation had:

(a) A reasonable basis for doubt about the right of the shareholder to inspect or copy the records demanded; or

(b) Required reasonable restrictions on the disclosure, use, or distribution of, and reasonable obligations to maintain the confidentiality of, such records demanded to which the demanding shareholder had been unwilling to agree.

History.—s. 153, ch. 89-154; s. 44, ch. 97-102; s. 221, ch. 2019-90; s. 65, ch. 2020-32.

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Amendments to 607.1604

Arrestable Offenses / Crimes under Fla. Stat. 607.1604

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 607.1604.

Annotations, Discussions, Cases:

Cases Citing Statute 607.1604

Total Results: 8

JUDITH H. RICHMAN AND DUR-RICH REALTY, INC. vs ROBERT S. CALZARETTA, DEBRA CALZARETTA, KELSMEG, LLC AND SEA & SUN REALTY, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-05-13

Snippet: pursuant to section 607.1604(1), Florida Statutes (2020). We reverse because section 607.1604(1) does not authorize

VILLA BELLINI RISTORANTE & LOUNGE, INC. v. CIRO MANCINI

Court: District Court of Appeal of Florida | Date Filed: 2019-11-15

Snippet: to Fla. Stat. § 607.1604(1) and Expedited Relief Pursuant to Fla. Stat. § 607.1604(2)" in which

Batur v. Signature Properties of Northwest Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-05-19

Citation: 903 So. 2d 985, 2005 Fla. App. LEXIS 7436, 2005 WL 1172059

Snippet: inspection of Signature’s records, under section 607.1604, Florida Statutes (2002), Mr. Batur sought an

Batur v. SIGNATURE PROPS. OF NORTHWEST FLA.

Court: District Court of Appeal of Florida | Date Filed: 2005-05-19

Citation: 903 So. 2d 985

Snippet: inspection of Signature's records, under section 607.1604, Florida Statutes (2002), Mr. Batur sought an

Windle v. WW WINDLE CO., INC.

Court: District Court of Appeal of Florida | Date Filed: 1999-03-10

Citation: 731 So. 2d 36, 1999 Fla. App. LEXIS 2527, 1999 WL 123552

Snippet: and copying of those records pursuant to section 607.1604(2), Florida Statutes (1995). Windle Company and

Kyker v. Lopez

Court: District Court of Appeal of Florida | Date Filed: 1998-10-16

Citation: 718 So. 2d 957, 1998 WL 727293

Snippet: had the right under sections 607.1601 through 607.1604, Florida Statutes, to inspect and copy the financial

Hamm v. Eckler

Court: District Court of Appeal of Florida | Date Filed: 1998-02-27

Citation: 712 So. 2d 770, 1998 Fla. App. LEXIS 1873

Snippet: proceedings to enforce the provisions of section 607.1604, Florida Statutes. . Occupational Safety and

World Time Corp. of America v. Mizrachi

Court: District Court of Appeal of Florida | Date Filed: 1997-12-10

Citation: 702 So. 2d 284, 1997 Fla. App. LEXIS 13682, 1997 WL 756637

Snippet: corporate records, pursuant to sections 607.1602 and 607.1604, Florida Statutes (1995). We affirm the trial