Florida Statute 425.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 425
RURAL ELECTRIC COOPERATIVES

View Entire Chapter

F.S. 425.04

425.04 Powers.—A cooperative shall have all of the following powers:

(1) To sue and be sued, in its corporate name.

(2) To have perpetual existence.

(3) To adopt a corporate seal and alter the same at pleasure.

(4) To generate, manufacture, purchase, acquire, accumulate and transmit electric energy, and to distribute, sell, supply, and dispose of electric energy in rural areas to its members, to governmental agencies and political subdivisions, and to other persons not in excess of 10 percent of the number of its members; to process, treat, sell, and dispose of water and water rights; to purchase, construct, own and operate water systems; to own and operate sanitary sewer systems; and to supply water and sanitary sewer services. However, a cooperative may not distribute or sell any electricity or electric energy to any person residing within any town, city, or area in which the person is receiving adequate central station service or who at the time of commencing such service, or offer to serve, by a cooperative, is receiving adequate central station service from any utility agency, privately or municipally owned individual partnership or corporation.

(5) To make loans to persons to whom electric energy is or will be supplied by the cooperative for the purpose of, and otherwise to assist such person in, wiring their premises and installing therein electric and plumbing fixtures, appliances, apparatus and equipment of any and all kinds and character, and in connection therewith, to purchase, acquire, lease, sell, distribute, install and repair such electric and plumbing fixtures, appliances, apparatus and equipment, and to accept or otherwise acquire, and to sell, assign, transfer, endorse, pledge, hypothecate and otherwise dispose of notes, bonds and other evidences of indebtedness and any and all types of security therefor.

(6) To make loans to persons to whom electric energy is or will be supplied by the cooperative for the purpose of, and otherwise to assist such persons in, constructing, maintaining and operating electric refrigeration plants.

(7) To become a member in one or more other cooperatives or corporations or to own stock therein.

(8) To construct, purchase, take, receive, lease as lessee, or otherwise acquire, and to own, hold, use, equip, maintain, and operate, and to sell, assign, transfer, convey, exchange, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber, electric transmission and distribution lines or systems, electric generating plants, electric refrigeration plants, lands, buildings, structures, dams, plants and equipment, and any and all kinds and classes of real or personal property whatsoever, which shall be deemed necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized.

(9) To purchase or otherwise acquire; to own, hold, use and exercise; and to sell, assign, transfer, convey, mortgage, pledge, hypothecate, or otherwise dispose of or encumber, franchises, rights, privileges, licenses, rights-of-way and easement.

(10) To borrow money and otherwise contract indebtedness; to issue notes, bonds, and other evidences of indebtedness therefor; and to secure the payment thereof by mortgage, pledge, deed of trust, or any other encumbrance upon any or all of its then owned or after-acquired real or personal property, assets, franchises, revenues or income.

(11) To construct, maintain, and operate electric transmission and distribution lines along, upon, under and across all public thoroughfares, including without limitation, all roads, highways, streets, alleys, bridges and causeways, and upon, under and across all publicly owned lands, subject, however, to the requirements in respect of the use of such thoroughfares and lands that are imposed by the respective authorities having jurisdiction thereof upon corporations constructing or operating electric transmission and distribution lines or systems.

(12) To exercise the power of eminent domain in the manner provided by the laws of this state for the exercise of that power by corporations constructing or operating electric transmission and distribution lines or systems.

(13) To engage in the provision of broadband pursuant to s. 364.391.

(14) To conduct its business and exercise any or all of its powers within or without this state.

(15) To adopt, amend, and repeal bylaws.

(16) To do and perform any and all other acts and things, and to have and exercise any and all other powers which may be necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized.

(17) To promote economic development by providing any energy or nonenergy services to its membership.

History.—s. 3, ch. 19138, 1939; CGL 1940 Supp. 6494(46); s. 1, ch. 71-83; s. 108, ch. 99-251; s. 2, ch. 2023-199.

F.S. 425.04 on Google Scholar

F.S. 425.04 on Casetext

Amendments to 425.04

Arrestable Offenses / Crimes under Fla. Stat. 425.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 425.04.

Annotations, Discussions, Cases:

Cases Citing Statute 425.04

Total Results: 16

DARREN WHITE v. FORT MYERS BEACH FIRE CONTROL DISTRICT

Court: District Court of Appeal of Florida | Date Filed: 2020-09-04

Snippet: agreement, the legislature amended section 215.425(4)(a), Florida Statutes (2011), to limit severance

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-12-09

Snippet: regional planning council is subject to section 215.425(4)(a), Florida Statutes. The South Florida Regional

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2000-09-21

Citation: 810 So. 2d 1, 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

Snippet: be changed to (1)- (1)- (2) - (2) _ (3) - (3) _ *425(4) (4) (5) (5) (6) (6) by which minor ehild(ren) shall

Santa Rosa County v. Gulf Power Co.

Court: District Court of Appeal of Florida | Date Filed: 1994-03-30

Citation: 635 So. 2d 96, 1994 WL 101078

Snippet: and necessity to electric utilities. 3. Section 425.04(11), Florida Statutes, extended a contractual offer

Florida Bar re: Amendment to Rules Regulating the Florida Bar

Court: Supreme Court of Florida | Date Filed: 1992-07-23

Citation: 605 So. 2d 252, 17 Fla. L. Weekly Supp. 556, 1992 Fla. LEXIS 1398, 1992 WL 171431

Snippet: changes in the plan to The Florida Bar for approval; *425(4) Nnotify The Florida Bar immediately should the

Davis v. Adoption of T.R.D.

Court: District Court of Appeal of Florida | Date Filed: 1991-03-12

Citation: 575 So. 2d 1364, 1991 Fla. App. LEXIS 2146, 1991 WL 31829

Snippet: also resided, rely on sections 63.022(2)(Z) and 63.0425(4) which require the court to consider what is necessary

Davis v. Dixon

Court: District Court of Appeal of Florida | Date Filed: 1989-05-09

Citation: 545 So. 2d 318, 1989 WL 47174

Snippet: in the best interests of the child. Section 63.0425(4) Florida Statutes (1987) provides: "(4) Nothing

Dean v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-04-05

Citation: 430 So. 2d 491

Snippet: amendment rights." State v. Tsavaris, 394 So.2d at 425. [4] In part the subpoena provided: THE STATE

Escambia River Electric Cooperative, Inc. v. Florida Public Service Commission

Court: Supreme Court of Florida | Date Filed: 1982-09-02

Citation: 421 So. 2d 1384, 1982 Fla. LEXIS 2597, 1982 WL 893104

Snippet: plain language as well as the spirit of Section 425.04, Florida Statutes, was additionally cited as a

Choctawhatchee Electric Cooperative, Inc. v. Gulf Power Co.

Court: District Court of Appeal of Florida | Date Filed: 1972-08-15

Citation: 265 So. 2d 417, 1972 Fla. App. LEXIS 6415

Snippet: language as well as the spirit of F.S. Section 425.04, F.S.A. It was because of the public policy of

Sakolsky v. City of Coral Gables

Court: Supreme Court of Florida | Date Filed: 1963-02-20

Citation: 151 So. 2d 433

Snippet: Frink v. Orleans Corp., 159 Fla. 646, 32 So.2d 425. [4] Petitioner testified: "That is exactly the way

Peel v. State

Court: District Court of Appeal of Florida | Date Filed: 1963-02-01

Citation: 150 So. 2d 281

Snippet: indictment." See also 22 C.J.S. Criminal Law § 425(4), Effect of Plea, p. 1205. In Crolich v. United

Withlacoochee River Electric Cooperative, Inc. v. Tampa Electric Co.

Court: District Court of Appeal of Florida | Date Filed: 1962-11-28

Citation: 148 So. 2d 732

Snippet: electric power; that interpretation of Section 425.04, Florida Statutes, F.S.A., so as to prevent Withlacoochee

Florida Power Corp. v. Withlacoochee River Electric Cooperative, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1961-05-17

Citation: 130 So. 2d 641, 1961 Fla. App. LEXIS 2779

Snippet: was and is a public utility corporation. Under § 425.04(4), Fla.Stat., F.S.A., the plaintiff corporation

Tampa Electric Co. v. WITHLACOOCHEE RIVER ELEC. COOP., INC.

Court: Supreme Court of Florida | Date Filed: 1960-06-24

Citation: 122 So. 2d 471

Snippet: excess of twenty-five hundred persons;' "Section 425.04 sets out the powers given by the legislature to

Withlacoochee River Electric Cooperative, Inc. v. Tampa Electric Co.

Court: District Court of Appeal of Florida | Date Filed: 1959-09-30

Citation: 115 So. 2d 9

Snippet: in excess of twenty-five hundred persons Section 425.04 sets out the powers given by the legislature to