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Florida Statute 620.8202 - Full Text and Legal Analysis
Florida Statute 620.8202 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 620.8202 Case Law from Google Scholar Google Search for Amendments to 620.8202

The 2025 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS
Chapter 620
PARTNERSHIP LAWS
View Entire Chapter
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.

F.S. 620.8202 on Google Scholar

F.S. 620.8202 on CourtListener

Amendments to 620.8202


Annotations, Discussions, Cases:

Cases Citing Statute 620.8202

Total Results: 7

Jackson-Shaw Co. v. Jacksonville Aviation Authority

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

Supreme Court of Florida | Filed: Dec 18, 2008 | Docket: 1223192

Cited 16 times | Published

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

Rafael J. Roca v. Lytal & Reiter, Clark

856 So. 2d 1, 2003 WL 21537070

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1298048

Cited 4 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Dec 16, 2015 | Docket: 3021650

Cited 3 times | Published

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

Jackson-Shaw Co. v. Jacksonville Aviation Authority

510 F. Supp. 2d 691, 2007 U.S. Dist. LEXIS 844, 2007 WL 61059

District Court, M.D. Florida | Filed: Jan 8, 2007 | Docket: 2449910

Cited 2 times | Published

of a business in payment of rent. Fla. Stat. § 620.8202(3)(c)3 (2006)(Florida's "Revised Uniform Partnership

Harbaugh v. Greslin

436 F. Supp. 2d 1315, 2006 U.S. Dist. LEXIS 46220, 2006 WL 1816463

District Court, S.D. Florida | Filed: Jun 2, 2006 | Docket: 2313911

Cited 2 times | Published

persons intend to form a partnership." Fla. Stat. § 620.8202(1). As stated in the Uniform Comments to this

James Fratangelo v. John Olsen

271 So. 3d 1051

District Court of Appeal of Florida | Filed: Dec 21, 2018 | Docket: 8449827

Published

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

Burger v. Hartley

896 F. Supp. 2d 1157, 2012 WL 4005912, 2012 U.S. Dist. LEXIS 129783

District Court, S.D. Florida | Filed: Sep 12, 2012 | Docket: 65985385

Published

persons intend to form a partnership.” Fla. Stat. § 620.8202(1). “A partnership is created only where both