The Florida Senate

620.782  Partner's liability.--

(1)  A partner in a registered limited liability partnership is not individually liable for obligations, or liabilities of the partnership, whether in tort, contract, or otherwise, arising from errors, omissions, negligence, malpractice, or wrongful acts committed by another partner or by an employee, agent, or representative of the partnership while the partnership is a registered limited liability partnership.

(2)  Notwithstanding any other provision of this act, a partner in a registered limited liability partnership is individually liable for:

(a)  Any debts or obligations of the partnership arising from any cause other than those specified in subsection (1);

(b)  Any errors, omissions, negligence, malpractice, or wrongful acts committed by the partner or any person under the partner's direct supervision and control in the specific activity in which the error, omission, negligence, malpractice, or wrongful act occurred; or

(c)  Any debts for which the partner has agreed in writing to be liable.

(3)  Subsection (1) does not affect the individual liability of a partner in a registered limited liability partnership if the registered limited liability partnership is not in compliance with ¹s. 620.7851 at the time of the occurrence giving rise to partnership liability.

(4)  The cancellation of the registration of a registered limited liability partnership, the withdrawal of a partner, or the dissolution of a registered limited partnership does not affect the limitation on the liability of an individual partner in the registered limited liability partnership provided in subsection (1) with respect to errors, omissions, negligence, malpractice, or wrongful acts committed while registration under s. 620.78 was in effect.

(5)  Sections 620.78-²620.789 do not affect the liability of the registered limited liability partnership when such liability arises out of debts, obligations, or liabilities of the partnership or the acts and omissions of the partners, employees, agents, or other representatives of the partnership which are chargeable to the partnership.

(6)  A registered limited liability partnership may sue or be sued and the partners therein need not be joined in any such suit; however, a judgment against the registered limited liability partnership is enforceable only against the registered limited liability partnership.

(7)  A partner in a registered limited liability partnership, other than a partner liable under subsection (2), is not a proper party to a proceeding by or against a registered limited liability partnership, the object of which is to recover damages or enforce the obligations arising out of the errors, omissions, negligence, malpractice, or wrongful acts described in subsection (1).

History.--s. 3, ch. 95-242; s. 3, ch. 95-409.

¹Note.--Substituted for a reference to s. 620.82 by the editors to conform to the renumbering of s. 620.82 by the reviser incident to the compilation of the Florida Statutes 1995.

²Note.--Substituted for a reference to s. 620.85 by the editors to conform to the renumbering of s. 620.85 by the reviser incident to the compilation of the Florida Statutes 1995.