Florida Statutes

Fla. Stat. § 617.0834 (2025)

Officers and directors of certain corporations and associations not for profit; immunity from civil liability.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 14 cases (5 in the last 5 years), 1997–2024 · leading case: Fox v. Prof'l Wrecker Operators of Florida, Inc., 801 So. 2d 175 (Fla. 5th DCA 2001).

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Fox v. Prof'l Wrecker Operators of Florida, Inc., 801 So. 2d 175 (Fla. 5th DCA 2001). · cites it 4× “Fox argues that directors who meet these standards enjoy immunity from civil liability pursuant to section 617.0834. Fox specifically cites section 617.”

Sonny Boy, LLC v. Asnani, 879 So. 2d 25 (Fla. 5th DCA 2004). · cites it 6× “Similarly, section 617.0834(1), Florida Statutes *28 (2002) [1] and section 607.”

Hous. Opportunities Proj. for Excellence, Inc. v. Key Colony No. 4 Condo. Assoc., Inc., 510 F. Supp. 2d 1003 (S.D. Fla. 2007). · cites it 3× “Defendants specifically rely on section 617.0834 of the Florida Statutes which holds that officers and directors of not-for-profit corporations are generally immune from personal liability for corporate acts.”

Berg v. Wagner, 935 So. 2d 100 (Fla. 4th DCA 2006). · cites it 5× “The directors moved for summary judgment, arguing Berg's claims against them were barred as a consequence of the immunity afforded them by section 617.0834, Florida Statutes, and the running of the statute of limitations.”

Perlow v. Goldberg, 700 So. 2d 148 (Fla. 3d DCA 1997). · cites it 4× “" Thus, all three of these Acts control the actions and governance of condominium associations and address the liability of the associations' directors.”

Collado v. Baroukh, 226 So. 3d 924 (Fla. 4th DCA 2017). · cites it 2× “See § 617.0834, Fla. Stat. (2016). Upon remand, the owner shall be given an opportunity to correct these pleading deficiencies.”

Landrum v. John Doe Pit Digger, 696 So. 2d 926 (Fla. 2d DCA 1997). · cites it 2× “The dismissal was with the reservation that the plaintiff could amend the complaint should it become apparent that Marv Silvern had violated section 617.0834, Florida Statutes. That order was not appealed; therefore, Silvern is not a party to this appeal.”

Portnoy v. MEI Condo. Ass'n, Inc. (S.D. Fla. 2024). · cites it 9× “First, Strickstein-Zandman maintains that she’s immune from liability because “it is well-settled law in Florida that officers and directors of a not-for-profit corporation (which includes condominium associations) are generally immune from personal liability or money damages…”

Gorman v. Breeze Condo. Ass'n, Inc (S.D. Fla. 2024). · cites it 3× “” See Fla. Stat. § 617.0834 ; see also Fla. Stat.”

Elena Collado, Etc. v. Brigitte Baroukh (Fla. 4th DCA 2017). · cites it 2× “See § 617.0834, Fla. Stat. (2016). Upon remand, the owner shall be given an opportunity to correct these pleading deficiencies.”

New Horizons Condo. Master Ass'n, Inc. v. Robert Harding (Fla. 3d DCA 2022). · cites it 2× “”); § 617.0834(1), Fla. Stat. (extending business-judgment deference to nonprofit officers and directors).”

Jain v. The Towers of Channelside Condo. Ass'n (M.D. Fla. 2021). · cites it 2× “Daly, Petruzzella, and Schwartz seek dismissal, arguing that even if the allegations were true, they would not be subject to personal liability under § 617.0834(1), F.S. However, the statutory immunity afforded to officers and directors of non-profit corporations in Florida does…”

Show all 14 citing cases →

— 617.0834(1) — 5 cases

Sonny Boy, LLC v. Asnani, 879 So. 2d 25 (Fla. 5th DCA 2004). “Similarly, section 617.0834(1), Florida Statutes *28 (2002) [1] and section 607.”

Perlow v. Goldberg, 700 So. 2d 148 (Fla. 3d DCA 1997). “" Thus, all three of these Acts control the actions and governance of condominium associations and address the liability of the associations' directors.”

Fox v. Prof'l Wrecker Operators of Florida, Inc., 801 So. 2d 175 (Fla. 5th DCA 2001). “Fox argues that directors who meet these standards enjoy immunity from civil liability pursuant to section 617.0834. Fox specifically cites section 617.”

New Horizons Condo. Master Ass'n, Inc. v. Robert Harding (Fla. 3d DCA 2022). “”); § 617.0834(1), Fla. Stat. (extending business-judgment deference to nonprofit officers and directors).”

Jain v. The Towers of Channelside Condo. Ass'n (M.D. Fla. 2021). “Daly, Petruzzella, and Schwartz seek dismissal, arguing that even if the allegations were true, they would not be subject to personal liability under § 617.0834(1), F.S. However, the statutory immunity afforded to officers and directors of non-profit corporations in Florida does…”

— 617.0834(1)(b) — 1 case

King David of Sunny Isles Condo. Ass'n, Inc. v. Alex Bushoy (Fla. 3d DCA 2024).

— 617.0834(1)(b)(3) — 2 cases

Portnoy v. MEI Condo. Ass'n, Inc. (S.D. Fla. 2024). “First, Strickstein-Zandman maintains that she’s immune from liability because “it is well-settled law in Florida that officers and directors of a not-for-profit corporation (which includes condominium associations) are generally immune from personal liability or money damages…”

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