Fla. Stat. § 605.2404 — Florida Code / Title XXXVI / Chapter 605 / Section 605.2404
605.2404 Enforcement of claim against non-associated asset.
Status: in_force

(1) For the purposes of this section, the term: (a) “Enforcement date” means 12:01 a.m. on the date on which a claimant first serves process on a series limited liability company or protected series in an action seeking to enforce a claim against an asset of the company or protected series by attachment, levy, or similar means under this section. (b) “Incurrence date,” subject to s. 605.2608(2), means the date on which a series limited liability company or protected series of the company incurred the liability giving rise to a claim that a claimant seeks to enforce under this section.

(2) If a claim against a series limited liability company or a protected series of the company has been reduced to judgment, in addition to any other remedy provided by law or equity, the judgment may be enforced in accordance with the following: (a) A judgment against the series limited liability company may be enforced against an asset of a protected series of the company if the asset: 1. Was a non-associated asset of the protected series on the incurrence date; or 2. Is a non-associated asset of the protected series on the enforcement date. (b) A judgment against a protected series may be enforced against an asset of the series limited liability company if the asset: 1. Was a non-associated asset of the series limited liability company on the incurrence date; or 2. Is a non-associated asset of the series limited liability company on the enforcement date. (c) A judgment against a protected series may be enforced against an asset of another protected series of the series limited liability company if the asset: 1. Was a non-associated asset of the other protected series on the incurrence date; or 2. Is a non-associated asset of the other protected series on the enforcement date.

(3) In addition to any other remedy provided by law or equity, if a claim against a series limited liability company or a protected series has not been reduced to a judgment and law other than this chapter permits a prejudgment remedy by attachment, levy, or similar means, the court may apply subsection (2) as a prejudgment remedy.

(4) In a proceeding under this section, the party asserting that an asset is or was an associated asset of a series limited liability company or a protected series of the series limited liability company has the burden of proof on the issue.

(5) This section applies to an asset of a foreign series limited liability company or foreign protected series if all of the following apply: (a) The asset is real or tangible property located in this state. (b) The claimant is a resident of this state or is transacting business or authorized to transact business in this state, or the claim under this section is to enforce a judgment, or to seek a prejudgment remedy, pertaining to a liability arising from the law of this state other than this chapter or an act or omission in this state. (c) The asset is not identified in the records of the foreign series limited liability company or foreign protected series in a manner comparable to the manner required by s. 605.2301.

History: s. 27, ch. 2025-162.