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The 2025 Florida Statutes
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F.S. 617.0834617.0834 Officers and directors of certain corporations and associations not for profit; immunity from civil liability.—(1) An officer or director of a nonprofit organization recognized under s. 501(c)(3) or s. 501(c)(4) or s. 501(c)(6) of the Internal Revenue Code of 1986, as amended, or of an agricultural or a horticultural organization recognized under s. 501(c)(5), of the Internal Revenue Code of 1986, as amended, is not personally liable for monetary damages to any person for any statement, vote, decision, or failure to take an action, regarding organizational management or policy by an officer or director, unless:(a) The officer or director breached or failed to perform his or her duties as an officer or director; and (b) The officer’s or director’s breach of, or failure to perform, his or her duties constitutes:1. A violation of the criminal law, unless the officer or director had reasonable cause to believe his or her conduct was lawful or had no reasonable cause to believe his or her conduct was unlawful. A judgment or other final adjudication against an officer or director in any criminal proceeding for violation of the criminal law estops that officer or director from contesting the fact that his or her breach, or failure to perform, constitutes a violation of the criminal law, but does not estop the officer or director from establishing that he or she had reasonable cause to believe that his or her conduct was lawful or had no reasonable cause to believe that his or her conduct was unlawful; 2. A transaction from which the officer or director derived an improper personal benefit, directly or indirectly; or 3. Recklessness or an act or omission that was committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. (2) For the purposes of this section, the term:(a) “Recklessness” means the acting, or omission to act, in conscious disregard of a risk:1. Known, or so obvious that it should have been known, to the officer or director; and 2. Known to the officer or director, or so obvious that it should have been known, to be so great as to make it highly probable that harm would follow from such action or omission. (b) “Director” means a person who serves as a director, trustee, or member of the governing board of an organization. (c) “Officer” means a person who serves as an officer without compensation except reimbursement for actual expenses incurred or to be incurred. History.—s. 54, ch. 90-179; s. 92, ch. 97-102; s. 33, ch. 2009-205.
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Annotations, Discussions, Cases:
Cases Citing Statute 617.0834
Total Results: 11
801 So. 2d 175, 2001 Fla. App. LEXIS 16954, 2001 WL 1516949
District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 1495580
Cited 30 times | Published
liability pursuant to section 617.0834. Fox specifically cites section 617.0834(1) in support of her argument
879 So. 2d 25, 2004 Fla. App. LEXIS 8418, 2004 WL 1175221
District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1514421
Cited 12 times | Published
liability by condominium developer). Similarly, section 617.0834(1), Florida Statutes *28 (2002)[1] and section
700 So. 2d 148, 1997 WL 631301
District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 1373141
Cited 8 times | Published
liability for monetary damages attaches. See § 617.0834(1), Fla. Stat.(1995);[1] § 607.0831(1), Fla.
510 F. Supp. 2d 1003, 2007 U.S. Dist. LEXIS 1911, 2007 WL 117939
District Court, S.D. Florida | Filed: Jan 10, 2007 | Docket: 1808726
Cited 5 times | Published
corporations. Defendants specifically rely on section 617.0834 of the Florida Statutes which holds that officers
935 So. 2d 100, 2006 WL 2265412
District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1671196
Cited 5 times | Published
consequence of the immunity afforded them by section 617.0834, Florida Statutes, and the running of the
696 So. 2d 926, 1997 WL 374187
District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 1326075
Cited 3 times | Published
become apparent that Marv Silvern had violated section 617.0834, Florida Statutes. That order was not appealed;
226 So. 3d 924, 2017 Fla. App. LEXIS 12469, 2017 WL 3727049
District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 60276711
Cited 2 times | Published
fiduciary duty as officers and directors. See § 617.0834, Fla. Stat. (2016).
Upon remand, the owner shall
District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950375
Published
liable for monetary damages to the
corporation”); § 617.0834(1)(b), Fla. Stat. (providing that directors of
District Court of Appeal of Florida | Filed: Feb 23, 2022 | Docket: 63108525
Published
regarding management or policy decisions
. . . .”); § 617.0834(1), Fla. Stat. (extending business-judgment deference
District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145386
Published
fiduciary duty as officers and directors. See § 617.0834,
Fla. Stat. (2016).
Upon remand, the owner
688 So. 2d 1022, 1997 Fla. App. LEXIS 1843, 1997 WL 91407
District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 64771520
Published
PER CURIAM.
Affirmed. See § 617.0834, Fla. Stat. (1994).
