Florida Statute 617.0303 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 617
CORPORATIONS NOT FOR PROFIT

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F.S. 617.0303

617.0303 Emergency powers.—

(1) In anticipation of or during any emergency defined in subsection (5), the board of directors of a corporation may:

(a) Modify lines of succession to accommodate the incapacity of any director, officer, employee, or agent; and

(b) Relocate the principal office or designate alternative principal offices or regional offices or authorize the officers to do so.

(2) During an emergency defined in subsection (5), unless emergency bylaws provide otherwise:

(a) Notice of a meeting of the board of directors need be given only to those directors whom it is practicable to reach and may be given in any practicable manner, including by publication and radio;

(b) One or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for the meeting, in order of rank and within the same rank in order of seniority, as necessary to achieve a quorum; and

(c) The director or directors in attendance at a meeting, or any greater number affixed by the emergency bylaws, constitute a quorum.

(3) Corporate action taken in good faith during an emergency under this section to further the ordinary affairs of the corporation:

(a) Binds the corporation; and

(b) May not be used to impose liability on a corporate director, officer, employee, or agent.

(4) An officer, director, or employee acting in accordance with any emergency bylaws is only liable for willful misconduct.

(5) An emergency exists for purposes of this section if a quorum of the corporation’s directors cannot readily be assembled because of some catastrophic event.

(6) To the extent not inconsistent with any emergency bylaws so adopted, the bylaws of the corporation shall remain in effect during any emergency, and upon termination of the emergency, the emergency bylaws will cease to be operative.

History.—s. 25, ch. 90-179.

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Amendments to 617.0303

Arrestable Offenses / Crimes under Fla. Stat. 617.0303

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 617.0303.

Annotations, Discussions, Cases:

Cases Citing Statute 617.0303

Total Results: 5

Halifax Hospital Medical Center, etc. v. State of Florida

Court: Fla. | Date Filed: 2019-04-18T00:53:00-07:00

Snippet: gleans this conclusion from sections 617.0301 and 617.0303(8)-(9), Florida Statutes (2018), which authorize

Nero v. Continental Country Club R.O., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-14T00:00:00-08:00

Citation: 979 So. 2d 263

Snippet: required to comply with both sections 617.1605 and 617.303(4)(i)). Counts II, TV and VI In counts II, TV

Berg v. Wagner

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-09T00:00:00-07:00

Citation: 935 So. 2d 100

Snippet: of title (count II), and violation of section 617.303, Florida Statutes[1] (count III) against Association…breach of fiduciary duty and violation of section 617.303, Florida Statutes, are subject to a four-year statute…breach of fiduciary duty and violation of section 617.303 claims were predicated upon post-October 11, 1998…GUNTHER and MAY, JJ., concur. NOTES [1] Section 617.303, Florida Statutes, was repealed and renumbered

Beverly Health & Rehab. v. Freeman Ex Rel. Freeman

Court: Fla. Dist. Ct. App. | Date Filed: 1998-02-19T23:53:00-08:00

Citation: 709 So. 2d 549

Snippet: minimum damages in the amount of $200"); § 617.303(5)(b), Fla. Stat. (1995) (granting member of homeowner

Romero v. Shadywood Villas Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-07T00:53:00-07:00

Citation: 657 So. 2d 1193

Snippet: required by Section 617.303(4)(i). Shadywood argues that Sections 617.1605 and 617.303(4) are inconsistent…Statutes, Section 617.303(4) was controlling in the matter. [2] See Ch. 92-49, § 617.303(4), Laws of Fla… instead governed by Florida Statutes, Section 617.303(4)(i), a section of the Florida Not For Profit …Florida Statutes, Section 617.1605 and Section 617.303(4). The issue is whether one or both of these sections…requirements of both Section 617.1605 and Section 617.303(4). Shadywood, on the other hand, maintains that