Proper plaintiff.
F.S. 605.0803
in effectA derivative action to enforce a right of a limited liability company may be commenced only by a person who is a member at the time the action is commenced and:
(1)
Was a member when the conduct giving rise to the action occurred; or
(2)
Whose status as a member devolved on the person by operation of law or pursuant to the terms of the operating agreement from a person who was a member when the conduct giving rise to the action occurred.
Source: FL Statutes (Official Site)URL: https://www.flsenate.gov/Laws/Statutes/2025/Chapter605/AllFetched: 7/8/2026
