The 2023 Florida Statutes (including Special Session C)

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.

F.S. 620.8202 on Google Scholar

F.S. 620.8202 on Casetext

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 from cite.case.law:

FRATANGELO, v. OLSEN,, 271 So. 3d 1051 (Fla. App. Ct. 2018)

. . . ." § 620.8202(2), Fla. Stat. Uniform Cmt. 2; Houri v. . . .

MARRIOTT INTERNATIONAL, INC. v. AMERICAN BRIDGE BAHAMAS, LTD., 193 So. 3d 902 (Fla. Dist. Ct. App. 2015)

. . . Joint Venture, 595 So.2d 1000, 1002 (Fla. 4th DCA 1992), it is informative that section 620.8202(2) of . . .

BURGER, a v. HARTLEY,, 896 F. Supp. 2d 1157 (S.D. Fla. 2012)

. . . . § 620.8202(1). . . .

JACKSON- SHAW COMPANY, v. JACKSONVILLE AVIATION AUTHORITY,, 8 So. 3d 1076 (Fla. 2008)

. . . .” § 620.8202(1), Fla. Stat. (2006). . . . . § 620.8202(3)(c)S., Fla. Stat. (2006). . . .

JACKSON- SHAW COMPANY, v. JACKSONVILLE AVIATION AUTHORITY, a, 510 F. Supp. 2d 691 (M.D. Fla. 2007)

. . . . § 620.8202(3)(e)3 (2006)(Florida’s “Revised Uniform Partnership Act of 1995”). . . .

SUNSERI v. PROCTOR, D. L. L. C. L. L. C., 461 F. Supp. 2d 551 (E.D. Mich. 2006)

. . . . § 620.8202 (West 2006). . . . Ann. § 620.8202. . . .

D. HARBAUGH, v. GRESLIN, De L a k a L S. A. D. v. N., 436 F. Supp. 2d 1315 (S.D. Fla. 2006)

. . . . § 620.8202(1). . . . Stat. § 620.8202 cmt. 1. . . .

RAFAEL J. ROCA, P. A. a v. LYTAL REITER, CLARK, ROCA, FOUNTAIN WILLIAMS, a Jr. J. W. R. Jr. S., 856 So. 2d 1 (Fla. Dist. Ct. App. 2003)

. . . .” § 620.8202(1), Fla. Stat. . . .

ASOCIACION DE PERJUDICADOS POR INVERSIONES EFECTUADAS EN U. S. A. v. CITIBANK, F. S. B. N. A., 770 So. 2d 1267 (Fla. Dist. Ct. App. 2000)

. . . Uniform comment to § 620.8202(2), Fla. Stat. (1995). . . .