The 2023 Florida Statutes (including Special Session C)

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 607
FLORIDA BUSINESS CORPORATION ACT

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F.S. 607.1604

607.1604 Court-ordered inspection.—

(1) If a corporation does not allow a shareholder who complies with s. 607.1602(1) to inspect and copy any records required by that subsection to be available for inspection, the circuit court in the applicable county may summarily order inspection and copying of the records demanded at the corporation’s expense upon application of the shareholder. If the court orders inspection and copying of the records demanded under s. 607.1602(1), it shall also order the corporation to pay the shareholder’s expenses, including reasonable attorney fees, incurred to obtain the order and enforce its rights under this section.

(2) If a corporation does not within a reasonable time allow a shareholder who complies with s. 607.1602(2) to inspect and copy the records required by that section, the shareholder who complies with s. 607.1602(3) may apply to the circuit court in the applicable county for an order to permit inspection and copying of the records demanded. The court shall dispose of an application under this subsection on an expedited basis.

(3) If the court orders inspection or copying of the records demanded under s. 607.1602(2), it may impose reasonable restrictions on the disclosure, use, or distribution of, and reasonable obligations to maintain the confidentiality of, such records, and it shall also order the corporation to pay the shareholder’s expenses incurred, including reasonable attorney fees, incurred to obtain the order and enforce its rights under this section unless the corporation establishes that the corporation refused inspection in good faith because the corporation had:

(a) A reasonable basis for doubt about the right of the shareholder to inspect or copy the records demanded; or

(b) Required reasonable restrictions on the disclosure, use, or distribution of, and reasonable obligations to maintain the confidentiality of, such records demanded to which the demanding shareholder had been unwilling to agree.

History.—s. 153, ch. 89-154; s. 44, ch. 97-102; s. 221, ch. 2019-90; s. 65, ch. 2020-32.

F.S. 607.1604 on Google Scholar

F.S. 607.1604 on Casetext

Amendments to 607.1604

Arrestable Offenses / Crimes under Fla. Stat. 607.1604

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 607.1604.

Annotations, Discussions, Cases:

Cases from cite.case.law:

E. BATUR, v. SIGNATURE PROPERTIES OF NORTHWEST FLORIDA, INCORPORATED, a H. LLC, a LLC, a, 903 So. 2d 985 (Fla. Dist. Ct. App. 2005)

. . . 607.1431(3), Florida Statutes (2002), and seeking an inspection of Signature’s records, under section 607.1604 . . .

URFIRER, v. CORNFELD,, 408 F.3d 710 (11th Cir. 2005)

. . . Urfirer, as a former Cambridge shareholder, had a statutory right under Florida Statutes §§ 607.1602, 607.1604 . . .

W. WINDLE, v. W. W. WINDLE COMPANY, INC., 731 So. 2d 36 (Fla. Dist. Ct. App. 1999)

. . . He sought inspection and copying of those records pursuant to section 607.1604(2), Florida Statutes ( . . .

KYKER, v. LOPEZ,, 718 So. 2d 957 (Fla. Dist. Ct. App. 1998)

. . . holds 100 percent of the stock in the subsidiaries, he had the right under sections 607.1601 through 607.1604 . . .

HAMM, v. H. ECKLER,, 712 So. 2d 770 (Fla. Dist. Ct. App. 1998)

. . . Instead, the court entered orders based upon contempt proceedings to enforce the provisions of section 607.1604 . . .

HANGER ORTHOPEDIC GROUP, INC. v. McMURRAY,, 181 F.R.D. 525 (M.D. Fla. 1998)

. . . . §§ 607.1601, 607.1602, 607.1603, 607.1604. . . .

WORLD TIME CORPORATION OF AMERICA, v. MIZRACHI,, 702 So. 2d 284 (Fla. Dist. Ct. App. 1997)

. . . the appellee shareholder to inspect and copy the corporate records, pursuant to sections 607.1602 and 607.1604 . . . See § 607.1604(1). . . .