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Florida Statute 425.4 - Full Text and Legal Analysis
Florida Statute 425.04 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 425.04 Case Law from Google Scholar Google Search for Amendments to 425.04

The 2025 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 CourtListener

Amendments to 425.04


Annotations, Discussions, Cases:

Cases Citing Statute 425.04

Total Results: 8

Peel v. State

150 So. 2d 281

District Court of Appeal of Florida | Filed: Feb 1, 1963 | Docket: 1452271

Cited 22 times | Published

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

Santa Rosa County v. Gulf Power Co.

635 So. 2d 96, 1994 WL 101078

District Court of Appeal of Florida | Filed: Mar 30, 1994 | Docket: 1705648

Cited 15 times | Published

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

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

122 So. 2d 471

Supreme Court of Florida | Filed: Jun 24, 1960 | Docket: 1506716

Cited 4 times | Published

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

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

148 So. 2d 732

District Court of Appeal of Florida | Filed: Nov 28, 1962 | Docket: 60209453

Cited 1 times | Published

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

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

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

Supreme Court of Florida | Filed: Sep 2, 1982 | Docket: 64593362

Published

The plain language as well as the spirit of Section 425.04, Florida Statutes, was additionally cited as

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

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

District Court of Appeal of Florida | Filed: Aug 15, 1972 | Docket: 64527190

Published

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

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

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

District Court of Appeal of Florida | Filed: May 17, 1961 | Docket: 60197534

Published

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

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

115 So. 2d 9

District Court of Appeal of Florida | Filed: Sep 30, 1959 | Docket: 60193755

Published

Cooperative, Inc., violated the intendment of F.S. 425.04(4), F.S.A., to the direct injury of the private