Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 620.1408 - Full Text and Legal Analysis Florida Statute 620.1408 | Lawyer Caselaw & Research
Fla. Stat. § 620.1408 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
620.1408 General standards of conduct for general partner.—
(1) The only fiduciary duties that a general partner has to the limited partnership and the other partners are the duties of loyalty and care under subsections (2) and (3).
(2) A general partner’s duty of loyalty to the limited partnership and the other partners is limited to the following:
(a) To account to the limited partnership and hold as trustee for it any property, profit, or benefit derived by the general partner in the conduct and winding up of the limited partnership’s activities or derived from a use by the general partner of limited partnership property, including the appropriation of a limited partnership opportunity.
(b) To refrain from dealing with the limited partnership in the conduct or winding up of the limited partnership’s activities as or on behalf of a party having an interest adverse to the limited partnership.
(c) To refrain from competing with the limited partnership in the conduct of the limited partnership’s activities.
(3) A general partner’s duty of care to the limited partnership and the other partners in the conduct and winding up of the limited partnership’s activities is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law.
(4) A general partner shall discharge the duties to the partnership and the other partners under this act or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing.
(5) A general partner does not violate a duty or obligation under this act or under the partnership agreement merely because the general partner’s conduct furthers the general partner’s own interest.
History.—s. 17, ch. 2005-267.

Cases Citing F.S. 620.1408

Fla. Stat. § 620.1408 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
2 resultsSort: Relevance · Newest · Treatment
Copy

Carolina Pres. Partners, Inc. v. Wolf Arbin Weinhold, 414 B.R. 754 (M.D. Fla. 2009).

Cited 1 times | Published | District Court, M.D. Florida | 2009 WL 811619

...Consistent therewith, RULPA provides: "[a] general partner does not violate a duty or obligation under this act or under *762 the partnership agreement merely because the general partner's conduct furthers the general partner's own interest." Fla. Stat. § 620.1408(5)....
...Finally, the compromise violates the general partner's fiduciary duties to the limited partners. Under RULPA, a general partner owes a duty of loyalty and a duty of care to the limited partnership, and is obligated to discharge those duties in good faith and fair dealing. Fla. Stat. § 620.1408(1),(4). The duty of care "is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law." Fla. Stat. § 620.1408(3)....
...p of the limited partnership's activities as or on behalf of a party having an interest adverse to the limited partnership. (c) To refrain from competing with the limited partnership in the conduct of the limited partnership's activities. Fla. Stat. § 620.1408(2). *763 The Trustee argues that these "limited" duties permit the general partner to mortgage the partnership property to pay his individual debts. The Trustee reads these provisions far too broadly. Pursuant to § 620.1408(2)(a), the general partner holds in trust any benefit or profit derived from the use of partnership property for the limited partnership....
...t of the general partner's individual creditors, as the compromise contemplates. Further, RULPA expressly provides that the general partner must refrain from dealing with the partnership when having an interest adverse to the partnership. Fla. Stat. § 620.1408(2)(b)....
Copy

Parker Waichman LLP v. R.J. Reynolds Tobacco Co. (Fla. 4th DCA 2019).

Published | Florida 4th District Court of Appeal

...n behalf and in furtherance of the partnership. See § 620.1402. Because their actions can cause the 4 partnership great potential liability, general partners must abide by stringent standards of conduct. See § 620.1408, Fla. Stat. (2018). For instance, a general partner has a duty of loyalty to the partnership which it must follow even during the process of winding up the partnership’s activities. See § 620.1408(3)....

This Florida statute resource is curated by an Orange Park personal injury and workers' comp lawyer, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.