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Florida Statute 425.04 - Full Text and Legal Analysis
Florida Statute 425.04 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 425
RURAL ELECTRIC COOPERATIVES
View Entire Chapter
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.

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Amendments to 425.04


Annotations, Discussions, Cases:

Cases Citing Statute 425.04

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Peel v. State, 150 So. 2d 281 (Fla. 2d DCA 1963).

Cited 22 times | Published | Florida 2nd District Court of Appeal

the indictment." See also 22 C.J.S. Criminal Law § 425(4), Effect of Plea, p. 1205. In Crolich v. United
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Santa Rosa Cnty. v. Gulf Power Co., 635 So. 2d 96 (Fla. 1st DCA 1994).

Cited 15 times | Published | Florida 1st District Court of Appeal | 1994 WL 101078

...The Public Service Commission (PSC) has not preempted the counties' right to convey franchises to electric utilities, because the PSC does not have unconditional authority to issue certificates of convenience and necessity to electric utilities. 3. 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....
...' rights-of-way. In any event, we find no statute clearly inconsistent with the counties' power to require franchise agreements from electric utilities for such use. We therefore affirm the court's second ruling. 3. The court nevertheless ruled that section 425.04(11), Florida Statutes, conveyed a public grant to EREC to use the rights-of-way, which, once accepted by usage, constituted a contract which is protected from impairment by Article I, Section 10 of the United States Constitution and Article I, Section 10 of the Florida Constitution (1968). We cannot agree with the court's analysis. Section 425.04(11) provides that rural electric cooperatives shall have the power [t]o construct, maintain, and operate electric transmission and distribution lines along, upon, under and across all public thoroughfares, including without limitation,...
...of public regulation to be, in addition, a private contract to which the State is a party." National R.R. Passenger Corp. v. Atchison, Topeka & Santa Fe Ry., 470 U.S. 451, 466-67, 105 S.Ct. 1441, 1452, 84 L.Ed.2d 432, 446 (1985). We find nothing in section 425.04(11) revealing any clear-cut legislative intent to grant private contractual rights to rural electric cooperatives....
...In fact, the counties' authority to regulate is clearly indicated by the latter portion of subsection (11), which subjects a utility's right to use the public thoroughfares to the conditions the public authority having jurisdiction may impose. Indeed, section 425.04(9), Florida Statutes (1989), which should be read in pari materia with the provisions of 425.04(11), grants cooperatives the power, among other things, "[t]o purchase or otherwise acquire ... franchises [.]" (Emphasis added.) Consequently, we agree with the counties that section 425.04(11) cannot be interpreted as an unconditional grant of authority to rural electric cooperatives to occupy permanently *101 all rights-of-way conveyed to them pursuant to the terms of the statute, because, obviously, if the legislature intended the cooperatives' right of possession to be without restriction, it would not have been necessary to add the statutory language empowering them to acquire franchises. Accordingly, we conclude that the provisions of section 425.04(11) do not create a private contract; hence, no obligation arose therefrom which could be subsequently impaired....
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Tampa Elec. Co. v. Withlacoochee River Elec. Coop., Inc., 122 So. 2d 471 (Fla. 1960).

Cited 4 times | Published | Supreme Court of Florida

...ic energy in rural areas. 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 legislature to such cooperatives, included among which is the power to sell electric energy in rural areas (Subsection 4)....
...its. Associate Judge Murphree dissented because it was his belief that these cases fell within the exception to the general rule *473 established in the St. Joseph case. [4] He also indicated that the cooperative's action violated the intendments of § 425.04(4), F.S.A....
...g adequately served by Tampa Electric. [5] Such activity exceeds not only the fundamental underlying purpose which motivated the establishment of the rural electrification program, [6] but also it violates the plain language as well as the spirit of Section 425.04, F.S.A....
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Withlacoochee River Elec. Coop., Inc. v. Tampa Elec. Co., 148 So. 2d 732 (Fla. Dist. Ct. App. 1962).

Cited 1 times | Published | District Court of Appeal of Florida

...e free from competition or any other special interest or private right entitling it to an injunction; that appellant Withlacoochee has the authority under Chapter 425, F.S.A., 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 Constitutions ; and that such interpretation impairs t...
...sly being adequately served by Tampa Electric. Such activity exceeds not only the fundamental underlying purpose which motivated the establishment of the rural electrification program, but also it violates the plain language as well as the spirit of Section 425.04, F.S.A....
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Withlacoochee River Elec. Coop., Inc. v. Tampa Elec. Co., 115 So. 2d 9 (Fla. Dist. Ct. App. 1959).

Published | District Court of Appeal of Florida

...energy in rural areas. 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 legislature to such cooperatives, included among which is the power to sell electric energy in rural areas (Subsection 4), “ * * * provided, however, that no cooperative shall distribute or sell any e...
...he doctrine which we have quoted from the St. Joseph case. Tampa Electric is complaining of competition, as were the plaintiff utilities in the New York cases, and it stresses that the legislature intended to prohibit competition by the enactment of Section 425.04(4), Florida Statutes, F.S.A....
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Escambia River Elec. Coop., Inc. v. Florida Pub. Serv. Comm'n, 421 So. 2d 1384 (Fla. 1982).

Published | Supreme Court of Florida | 1982 Fla. LEXIS 2597, 1982 WL 893104

The plain language as well as the spirit of Section 425.04, Florida Statutes, was additionally cited as
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Florida Power Corp. v. Withlacoochee River Elec. Coop., Inc., 130 So. 2d 641 (Fla. Dist. Ct. App. 1961).

Published | District Court of Appeal of Florida | 1961 Fla. App. LEXIS 2779

...Cooperative, Inc.,-appellee, who was the plaintiff below. *642 The plaintiff below was organized under Chapter 425, Fla.Stat., F.S.A., and is what is commonly known as a “Co-op.” The defendant below was and is a public utility corporation. 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...
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Choctawhatchee Elec. Coop., Inc. v. Gulf Power Co., 265 So. 2d 417 (Fla. Dist. Ct. App. 1972).

Published | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6415

...d by a private utility company; it held that such activity exceeded not only the fundamental underlying purpose which motivated the establishment of the rural electrification program but also violated the plain language as well as the spirit of F.S. Section 425.04, F.S.A....
...ts upon appellant. 5 Having failed to carry this burden, the trial court was eminently correct in reaching the conclusions embodied in its final judgment. The judgment appealed is accordingly affirmed. SPECTOR, C. J., and JOHNSON, J., concur. . F.S. § 425.04(4), F.S.A....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.