Florida Statute 620.8202 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 620
PARTNERSHIP LAWS

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F.S. 620.8202

620.8202 Formation of partnership.—

(1) Except as otherwise provided in subsection (2), the association of two or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form a partnership.

(2) An association formed under a statute, other than this act, a predecessor statute, or a comparable law of another jurisdiction is not a partnership under this act.

(3) In determining whether a partnership is formed, the following rules apply:

(a) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not, by itself, establish a partnership, even if the co-owners share profits made by the use of the property.

(b) The sharing of gross returns does not, by itself, establish a partnership, even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.

(c) A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:

1. Of a debt by installments or otherwise;

2. For services as an independent contractor or of wages or other compensation to an employee;

3. Of rent;

4. Of an annuity or other retirement benefit to a beneficiary, representative, or designee of a deceased or retired partner;

5. Of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, or rights to income, proceeds, or increase in value derived from the collateral; or

6. For the sale of the goodwill of a business or other property by installments or otherwise.

History.—s. 13, ch. 95-242.

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Amendments to 620.8202

Arrestable Offenses / Crimes under Fla. Stat. 620.8202

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 620.8202.

Annotations, Discussions, Cases:

Cases Citing Statute 620.8202

Total Results: 5

James Fratangelo v. John Olsen

Court: District Court of Appeal of Florida | Date Filed: 2018-12-21

Citation: 271 So. 3d 1051

Snippet: association, existing only if another form does not.” § 620.8202(2), Fla. Stat. Uniform Cmt. 2.; Houri v. Boaziz

Marriott International, Inc. v. American Bridge Bahamas, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2015-12-16

Citation: 193 So. 3d 902, 2015 Fla. App. LEXIS 18765

Snippet: 4th DCA 1992), it is informative that section 620.8202(2) of the Florida Statutes states that "[a]n association

Jackson-Shaw Co. v. Jacksonville Aviation Authority

Court: Supreme Court of Florida | Date Filed: 2008-12-18

Citation: 8 So. 3d 1076, 33 Fla. L. Weekly Supp. 972, 2008 Fla. LEXIS 2398, 2008 WL 5245640

Snippet: not the persons intend to form a partnership." § 620.8202(1), Fla. Stat. (2006). Furthermore, a person who

Rafael J. Roca v. Lytal & Reiter, Clark

Court: District Court of Appeal of Florida | Date Filed: 2003-07-09

Citation: 856 So. 2d 1, 2003 WL 21537070

Snippet: not the persons intend to form a partnership." § 620.8202(1), Fla. Stat. In other words, formation of a

ASOCIACION DE PERJUDICADOS v. Citibank

Court: District Court of Appeal of Florida | Date Filed: 2000-11-15

Citation: 770 So. 2d 1267

Snippet: `for profit' organization." Uniform comment to ง 620.8202(2), Fla. Stat. (1995). The association, as its