Florida Statute 617.0834 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 617
CORPORATIONS NOT FOR PROFIT

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F.S. 617.0834

617.0834 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.

F.S. 617.0834 on Google Scholar

F.S. 617.0834 on Casetext

Amendments to 617.0834

Arrestable Offenses / Crimes under Fla. Stat. 617.0834

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 617.0834.

Annotations, Discussions, Cases:

Cases Citing Statute 617.0834

Total Results: 13

King David of Sunny Isles Condominium Association, Inc. v. Alex Bushoy

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: for monetary damages to the corporation”); § 617.0834(1)(b), Fla. Stat. (providing that directors of

CARLOS H. DOBAL v. VILLAS AT SOUTH BEACH CONDOMINIUM ASSOCIATION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-08-02

Snippet: for monetary damages as provided in s. 617.0834 if such officer, director, or agent breached

NEW HORIZONS CONDOMINIUM MASTER ASSOCIATION, INC. v. ROBERT HARDING

Court: District Court of Appeal of Florida | Date Filed: 2022-02-23

Snippet: regarding management or policy decisions . . . .”); § 617.0834(1), Fla. Stat. (extending business-judgment deference

Collado v. Baroukh

Court: District Court of Appeal of Florida | Date Filed: 2017-08-30

Citation: 226 So. 3d 924, 2017 Fla. App. LEXIS 12469, 2017 WL 3727049

Snippet: fiduciary duty as officers and directors. See § 617.0834, Fla. Stat. (2016). Upon remand, the owner shall

ELENA COLLADO, ETC. v. BRIGITTE BAROUKH

Court: District Court of Appeal of Florida | Date Filed: 2017-08-30

Snippet: fiduciary duty as officers and directors. See § 617.0834, Fla. Stat. (2016). Upon remand, the owner

Raphael v. Silverman

Court: District Court of Appeal of Florida | Date Filed: 2009-11-25

Citation: 22 So. 3d 837, 2009 Fla. App. LEXIS 17689, 2009 WL 4060915

Snippet: motion to dismiss, citing sections 607.0831(1) and 617.0834(1), Florida Statutes, which provide that condominium

Berg v. Wagner

Court: District Court of Appeal of Florida | Date Filed: 2006-08-09

Citation: 935 So. 2d 100, 2006 WL 2265412

Snippet: consequence of the immunity afforded them by section 617.0834, Florida Statutes, and the running of the statute

Accardi v. Hsia

Court: District Court of Appeal of Florida | Date Filed: 2005-09-07

Citation: 944 So. 2d 1008

Snippet: self-dealing, or unjust enrichment. See §§ 617.0831, 617.0834(1), Fla. Stat.; see also Munder v. Circle One

Sonny Boy, LLC v. Asnani

Court: District Court of Appeal of Florida | Date Filed: 2004-05-28

Citation: 879 So. 2d 25, 2004 Fla. App. LEXIS 8418, 2004 WL 1175221

Snippet: by condominium developer). Similarly, section 617.0834(1), Florida Statutes *28 (2002)[1] and section

Fox v. Professional Wrecker Operators of Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-11-30

Citation: 801 So. 2d 175, 2001 Fla. App. LEXIS 16954, 2001 WL 1516949

Snippet: liability pursuant to section 617.0834. Fox specifically cites section 617.0834(1) in support of her argument

Perlow v. Goldberg

Court: District Court of Appeal of Florida | Date Filed: 1997-10-15

Citation: 700 So. 2d 148, 1997 WL 631301

Snippet: liability for monetary damages attaches. See § 617.0834(1), Fla. Stat.(1995);[1] § 607.0831(1), Fla. Stat

Landrum v. John Doe Pit Digger

Court: District Court of Appeal of Florida | Date Filed: 1997-07-09

Citation: 696 So. 2d 926, 1997 WL 374187

Snippet: apparent that Marv Silvern had violated section 617.0834, Florida Statutes. That order was not appealed;

Brin v. Fuchs

Court: District Court of Appeal of Florida | Date Filed: 1997-03-05

Citation: 688 So. 2d 1022, 1997 Fla. App. LEXIS 1843, 1997 WL 91407

Snippet: PER CURIAM. Affirmed. See § 617.0834, Fla. Stat. (1994).