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Sep 4th, 2019

Advice and Warning regarding Online Sunshine from the Chapter 607 Drafting Subcommittee

We suspect that many of you, from time to time, turn to Online Sunshine to access Florida statutory provisions.

As you may be aware, during the 2019 legislative session extensive changes were made to Chapter 607 (the Florida Business Corporation Act) and to certain corresponding provisions in several of Florida's other entity statutes. These changes are contained in Chapter 2019-90, Florida Statutes. However, none of these changes adopted in 2019 will become law until January 1, 2020.

Despite the January 1, 2020 effective date, the changes made in this legislation are already fully reflected in the 2019 Florida Statutes that appear on the Online Sunshine site as if these changes had already taken effect, without any notice or footnote that such changes will not become effective until January 1, 2020.
As a result, if prior to January 1, 2020, you have occasion to use Online Sunshine to access any sections of the entity statutes in Florida (Chapters 605, 607, 617 and 620), don’t rely on the 2019 version of those statutory provisions, as those provisions reflect changes that don’t actually take effect until January 1, 2020.

If prior to January 1, 2020 you want to see the current statutory provisions in Chapters 605, 607, 617, or 620 on Online Sunshine, go to the “Select Year” drop down menu, select 2018, and search in “The 2018 Florida Statutes” instead.

Phil Schwartz and Gary Teblum, co-chairs