CopyCited 30 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 16954, 2001 WL 1516949
...rporation to bring a derivative action. Chapter 617, which applies to not-for-profit corporations, does not contain provisions that specifically allow derivative actions. But prior to the 1993 amendment, derivative actions were permitted pursuant to section 617.1908, Florida Statutes (1991), which made the provisions of chapter 607, the Florida Business Corporation Act, applicable to not-for-profit corporations. Chapter 607 does make provision for derivative actions. In 1993, section 617.1908 was amended to provide in pertinent part that "the provisions of chapter 607, the Florida Business Corporation Act, shall not apply to any corporations not for profit." Thus the apparent effect of the 1993 amendment was to eliminate...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 11705, 2000 WL 1283557
...In dismissing the complaint, the trial court ruled that derivative actions for the benefit of, or on behalf of, not-for-profit corporations were abolished by a 1993 amendment to chapter 617. Before the 1993 amendment, a member of a not-for-profit corporation could bring a derivative action as a matter of statutory law. Section 617.1908, Florida Statutes (1991) made the provisions of chapter 607, the Florida Business Corporation Act, applicable to not-for-profit corporations, except to the extent that such provisions may conflict with chapter 617. In 1993, section 617.1908 was amended to provide the opposite. Section 617.1908 currently states: Except as otherwise made applicable by specific reference in any other section of this chapter, the provisions of chapter 607, the Florida Business Corporation Act, shall not apply to any corporations not for profit....
...1990) (holding that derivative suits are to be available for not-for-profit corporation members as a common-law right). Thus, in the absence of clear legislative directive otherwise, we hold that derivative actions are available in the context of not-for-profit corporations and were not eliminated by the 1993 amendment to section 617.1908....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 746149
...ith for-profit corporations. Chapter 617, Florida Statutes (1997), dealing with not-for-profit corporations such as this homeowner's association, does not provide for derivative actions, and Chapter 607 does not apply to non-profit corporations. See § 617.1908, Fla....
