620.8306

Partner’s liability.

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620.8306 Partner’s liability.—

(1) Except as otherwise provided in subsections (2) and (3), all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by a claimant or provided by law.

(2) A person admitted as a partner into an existing partnership is not personally liable for any partnership obligation incurred before the person’s admission as a partner.

(3) An obligation of a partnership incurred while the partnership is a limited liability partnership, whether arising in contract, tort, or otherwise, is solely the obligation of the partnership. A partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such an obligation solely by reason of being or so acting as a partner. This subsection applies notwithstanding anything inconsistent in the partnership agreement that existed immediately before the vote required to become a limited liability partnership under s. 620.9001(2). Notwithstanding the provisions of this subsection, at any time during the first 6 months after the effective date of this subsection, a limited liability partnership that became a limited liability partnership before the effective date of this subsection may, by filing a notice with the Secretary of State so stating, waive its partners’ protection from liability arising from written contractual obligations of the limited liability partnership with regard to any particular written obligations or all written obligations entered into at any time or during any particular period of time set forth in the notice. If a limited liability partnership executes and delivers such a notice, each partner of the limited liability partnership is jointly and severally liable for the contractual obligations of the partnership which are the subject of the notice, except that no partner is liable under any such contract for any amount in excess of the amount for which the partner would have been liable under the laws of this state as they existed immediately before the effective date of this subsection.

History.—s. 13, ch. 95-242; s. 9, ch. 99-285.

Notes of Decisions

Cited in 7 cases, 2001–2016 · leading case: Picard v. Avellino (In re Bernard L. Madoff Investment Securities LLC)

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Picard v. Avellino (In re Bernard L. Madoff Investment Securities LLC) (2016) nysb · cites it 2× “All of the defendant partnerships were formed under Florida law, and under Florida law, the general partners are jointly and severally liable for the debts of either a general partnership, Fla. Stat. § 620.8306 (1), 35 or a limited partnership.”

In Re Kane & Kane (2009) flsb · cites it 2× “Fla. Stat. § 620.8306 . The Judgment Creditors have judgments against all three Debtors.”

Brower-Eger v. Noon (2008) fladistctapp · cites it 2× “The defendant responds that requiring apportionment of a demand among partners undermines the joint and several liability of partners statutorily imposed by section 620.8306(1), Florida Statutes (2005).”

Mohan v. Orlando Health, Inc. (2015) fladistctapp · cites it 2× “by virtue of its status as a partner of such partnership, defendant OH is jointly and severally obligated for the tortious acts of the partnership, whether such torts were committed by either OH’s employees, SLMH’s employees, or the DISTRICT’S employees, or anyone employed under…”

Miller v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, L.L.C. (2001) ilnd “” Fla. Stat. Ann. § 620.8306 ; (2) “a partnership is liable for loss or .”

LeBlanc v. Unifund CCR Partners, G.P. (2008) flmd · cites it 2× “…of Ohio govern in this instant. At any rate, Florida likewise imposes joint and several liability for partners. See Fla. Stat. § 620.8306 (1).”

In re Chauncey (2002) flmb · cites it 2× “Fla. Stat. § 620.8306 provides in pertinent part: (1) Except as otherwise provided in subsections (2) and (3), all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by a claimant or provided by law.”

— 620.8306(1) — 1 case

Brower-Eger v. Noon (2008) fladistctapp “The defendant responds that requiring apportionment of a demand among partners undermines the joint and several liability of partners statutorily imposed by section 620.8306(1), Florida Statutes (2005).”

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