Florida Statutes

Fla. Stat. § 425.04 (2025)

Powers.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 9 cases, 1959–1994 · leading case: Santa Rosa Cnty. v. Gulf Power Co., 635 So. 2d 96 (Fla. 1st DCA 1994).

Sort: Relevance Newest Treatment

Santa Rosa Cnty. v. Gulf Power Co., 635 So. 2d 96 (Fla. 1st DCA 1994). · cites it 10× “Section 425.04(11), Florida Statutes, extended a contractual offer to rural electric cooperatives, such as EREC, which, once accepted, could not be impaired; therefore, the counties were precluded by the terms of the statute from imposing franchise fees upon EREC.”

Alabama Elec. Coop., Inc., a Foreign Corp. v. First Nat'l Bank of Akron, Ohio, 684 F.2d 789 (1st Cir. 1982). · cites it 4× “27 and that Fla.Stat.Ann. § 425.04(4) (West 1973) authorizes a rural electric coop to serve some non-rural areas, indicating that AEC’s service to the four municipalities did not deprive it of its “rural” character.”

Tampa Elec. Co. v. Withlacoochee River Elec. Coop., Inc., 122 So. 2d 471 (Fla. 1960). · cites it 3× “A `rural area' is defined therein as: "`* * * any area not included within the boundaries of any incorporated or unincorporated city, town, village, or borough having a population in excess of twenty-five hundred persons;' "Section 425.04 sets out the powers given by the…”

Withlacoochee River Elec. Coop., Inc. v. Tampa Elec. Co., 115 So. 2d 9 (Fla. 1st DCA 1959). · cites it 6× “A “rural area” is defined therein as: “ * * * any area not included within the boundaries of any incorporated or unincorporated city, town, village, or borough having a population in excess of twenty-five hundred persons Section 425.04 sets out the powers given by the…”

Missouri Utils. Co. v. Scott-New Madrid-Mississippi Elec. Coop., 475 S.W.2d 25 (Mo. 1971). “Florida law, F.S.A. § 425.04 (4) prohibits a cooperative from furnishing service to one being adequately served by a private corporation, utility agency, or a municipally owned electrical service.”

Escambia River Elec. Coop., Inc. v. Florida Pub. Serv. Comm'n, 421 So. 2d 1384 (Fla. 1982). · cites it 2× “The plain language as well as the spirit of Section 425.04, Florida Statutes, was additionally cited as a statutory prohibition against such competition.”

Withlacoochee River Elec. Coop., Inc. v. Tampa Elec. Co., 148 So. 2d 732 (Fla. 2d DCA 1962). · cites it 3× “, to serve the other appellants with electric power; that interpretation of Section 425.04, Florida Statutes, F.S.A., so as to prevent Withlacoochee from doing this deprives these appellants of equal protection of the law and of their property under the State and Federal…”

Choctawhatchee Elec. Coop., Inc. v. Gulf Power Co., 265 So. 2d 417 (Fla. 1st DCA 1972). · cites it 3× “Section 425.04, F.S.A. It was because of the public policy of Florida and the statutory prohibition referred to above that the trial court of Oka-loosa County entered its final judgment in 1955 permanently enjoining Cheleo from furnishing electric service to the Baker school…”

Florida Power Corp. v. Withlacoochee River Elec. Coop., Inc., 130 So. 2d 641 (Fla. 2d DCA 1961). · cites it 2× “Under § 425.04(4), Fla.Stat., F.S.A., the plaintiff corporation was not to: “ * * * distribute or sell any electricity, or electric energy to any person residing within any town, city or area which person is receiving adequate central station service or who at the time of…”

— 425.04(11) — 1 case

Santa Rosa Cnty. v. Gulf Power Co., 635 So. 2d 96 (Fla. 1st DCA 1994). “Section 425.04(11), Florida Statutes, extended a contractual offer to rural electric cooperatives, such as EREC, which, once accepted, could not be impaired; therefore, the counties were precluded by the terms of the statute from imposing franchise fees upon EREC.”

— 425.04(4) — 5 cases

Alabama Elec. Coop., Inc., a Foreign Corp. v. First Nat'l Bank of Akron, Ohio, 684 F.2d 789 (1st Cir. 1982). “27 and that Fla.Stat.Ann. § 425.04(4) (West 1973) authorizes a rural electric coop to serve some non-rural areas, indicating that AEC’s service to the four municipalities did not deprive it of its “rural” character.”

Withlacoochee River Elec. Coop., Inc. v. Tampa Elec. Co., 115 So. 2d 9 (Fla. 1st DCA 1959). “A “rural area” is defined therein as: “ * * * any area not included within the boundaries of any incorporated or unincorporated city, town, village, or borough having a population in excess of twenty-five hundred persons Section 425.04 sets out the powers given by the…”

Tampa Elec. Co. v. Withlacoochee River Elec. Coop., Inc., 122 So. 2d 471 (Fla. 1960). “A `rural area' is defined therein as: "`* * * any area not included within the boundaries of any incorporated or unincorporated city, town, village, or borough having a population in excess of twenty-five hundred persons;' "Section 425.04 sets out the powers given by the…”

Choctawhatchee Elec. Coop., Inc. v. Gulf Power Co., 265 So. 2d 417 (Fla. 1st DCA 1972). “Section 425.04, F.S.A. It was because of the public policy of Florida and the statutory prohibition referred to above that the trial court of Oka-loosa County entered its final judgment in 1955 permanently enjoining Cheleo from furnishing electric service to the Baker school…”

Florida Power Corp. v. Withlacoochee River Elec. Coop., Inc., 130 So. 2d 641 (Fla. 2d DCA 1961). “Under § 425.04(4), Fla.Stat., F.S.A., the plaintiff corporation was not to: “ * * * distribute or sell any electricity, or electric energy to any person residing within any town, city or area which person is receiving adequate central station service or who at the time of…”

— 425.04(9) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.