Florida Statutes
Fla. Stat. § 607.1604 (2025)
Court-ordered inspection.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1997–2022 · leading case: Windle v. Ww Windle Co., Inc., 731 So. 2d 36 (Fla. 3d DCA 1999).
Windle v. Ww Windle Co., Inc., 731 So. 2d 36 (Fla. 3d DCA 1999). “He sought inspection and copying of those records pursuant to section 607.1604(2), Florida Statutes (1995).”
Batur v. Signature Props. of Nw. Florida, Inc., 903 So. 2d 985 (Fla. 1st DCA 2005). “1431(3), Florida Statutes (2002), and seeking an inspection of Signature’s records, under section 607.1604, Florida Statutes (2002), Mr.”
World Time Corp. of Am. v. Mizrachi, 702 So. 2d 284 (Fla. 4th DCA 1997). “See § 607.1604(1). In the present case, the appellee complied with the statutory requirements, and the appellant corporation refused to grant him access to the records, based upon its erroneous belief that he did not constitute a shareholder within the meaning of the statute.”
Judith H. Richman & Dur-rich Realty, Inc. Vs Robert S. Calzaretta, Debra Calzaretta, Kelsmeg, LLC & Sea & Sun Realty, Inc. (Fla. 5th DCA 2022). “In the underlying dispute, Calzaretta sought to inspect and copy corporate records and obtained a judgment for attorney’s fees (the “fee judgment”) pursuant to section 607.1604, which this court affirmed on appeal.”
Villa Bellini Ristorante & Lounge, Inc. v. Ciro Mancini (Fla. 2d DCA 2019). “Mancini also filed a "Motion for Summary Relief and Expedited Relief Pursuant to Fla. Stat. § 607.1604 (1) and Expedited Relief Pursuant to Fla.”
Batur v. Signature Props. of Nw. Fla., 903 So. 2d 985 (Fla. 1st DCA 2005). “1431(3), Florida Statutes (2002), and seeking an inspection of Signature's records, under section 607.1604, Florida Statutes (2002), Mr.”
Hamm v. Eckler, 712 So. 2d 770 (Fla. 5th DCA 1998). “Instead, the court entered orders based upon contempt proceedings to enforce the provisions of section 607.1604, Florida Statutes. . Occupational Safety and Health Review Commission.”
— 607.1604(1) — 2 cases
World Time Corp. of Am. v. Mizrachi, 702 So. 2d 284 (Fla. 4th DCA 1997). “See § 607.1604(1). In the present case, the appellee complied with the statutory requirements, and the appellant corporation refused to grant him access to the records, based upon its erroneous belief that he did not constitute a shareholder within the meaning of the statute.”
Judith H. Richman & Dur-rich Realty, Inc. Vs Robert S. Calzaretta, Debra Calzaretta, Kelsmeg, LLC & Sea & Sun Realty, Inc. (Fla. 5th DCA 2022). “In the underlying dispute, Calzaretta sought to inspect and copy corporate records and obtained a judgment for attorney’s fees (the “fee judgment”) pursuant to section 607.1604, which this court affirmed on appeal.”
— 607.1604(2) — 1 case
Windle v. Ww Windle Co., Inc., 731 So. 2d 36 (Fla. 3d DCA 1999). “He sought inspection and copying of those records pursuant to section 607.1604(2), Florida Statutes (1995).”
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