The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 425
RURAL ELECTRIC COOPERATIVES

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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 from cite.case.law:

SANTA ROSA COUNTY, v. GULF POWER COMPANY, d b a ESCAMBIA COUNTY, v. GULF POWER COMPANY,, 635 So. 2d 96 (Fla. Dist. Ct. App. 1994)

. . . Section 425.04(11), Florida Statutes, extended a contractual offer to rural electric cooperatives, such . . . The court nevertheless ruled that section 425.04(11), Florida Statutes, conveyed a public grant to EREC . . . Section 425.04(11) provides that rural electric cooperatives shall have the power [t]o construct, maintain . . . of 425.04(11), grants cooperatives the power, among other things, “[t]o purchase or otherwise acquire . . . Consequently, we agree with the counties that section 425.04(11) cannot be interpreted as an unconditional . . .

ALABAMA ELECTRIC COOPERATIVE, INC. a v. FIRST NATIONAL BANK OF AKRON, OHIO,, 684 F.2d 789 (11th Cir. 1982)

. . . . § 425.04(4) (West 1973) authorizes a rural electric coop to serve some non-rural areas, indicating . . . Consequently, we hold that § 425.04(4) does permit service to some non-rural areas. . . . Ann. § 425.04(4) (West 1973). . . . Fla.Stat.Ann. § 425.04(4) (West 1973). . . . AEC responds that § 425.04(4) has no application to the facts of this case. . . .

ESCAMBIA RIVER ELECTRIC COOPERATIVE, INC. v. FLORIDA PUBLIC SERVICE COMMISSION,, 421 So. 2d 1384 (Fla. 1982)

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

CHOCTAWHATCHEE ELECTRIC COOPERATIVE, INC. v. GULF POWER COMPANY, a, 265 So. 2d 417 (Fla. Dist. Ct. App. 1972)

. . . Section 425.04, F.S.A. . . . F.S. § 425.04(4), F.S.A. . . .

WITHLACOOCHEE RIVER ELECTRIC COOPERATIVE, INC. a a v. TAMPA ELECTRIC COMPANY, a WITHLACOOCHEE RIVER ELECTRIC COOPERATIVE, INC. a a v. TAMPA ELECTRIC COMPANY, a, 148 So. 2d 732 (Fla. Dist. Ct. App. 1962)

. . . Chapter 425, F.S.A., to serve the other appellants with electric power; that interpretation of Section 425.04 . . . rural electrification program, but also it violates the plain language as well as the spirit of Section 425.04 . . .

FLORIDA POWER CORPORATION, a v. WITHLACOOCHEE RIVER ELECTRIC COOPERATIVE, INC. a, 130 So. 2d 641 (Fla. Dist. Ct. App. 1961)

. . . Under § 425.04(4), Fla.Stat., F.S.A., the plaintiff corporation was not to: “ * * * distribute or sell . . .

TAMPA ELECTRIC COMPANY, a v. WITHLACOOCHEE RIVER ELECTRIC COOPERATIVE, INC. a, 122 So. 2d 471 (Fla. 1960)

. . . , town, village, or borough having a population in excess of twenty-five hundred persons;’ “Section 425.04 . . . He ■also indicated that the cooperative’s action violated the intendments of § 425.04(4), F.S.A. to the . . . rural electrification program, but also it violates the plain language as well as the spirit of Section 425.04 . . .

WITHLACOOCHEE RIVER ELECTRIC COOPERATIVE, INC. a v. TAMPA ELECTRIC COMPANY, a, 115 So. 2d 9 (Fla. Dist. Ct. App. 1959)

. . . because I think the Withlacoochee River Electric Cooperative, Inc., violated the intendment of F.S. 425.04 . . . city, town, village, or borough having a population in excess of twenty-five hundred persons Section 425.04 . . . , and it stresses that the legislature intended to prohibit competition by the enactment of Section 425.04 . . . invading the trade territory allegedly controlled by the Tampa Electric Company in violation of Section 425.04 . . .

MAURICE O SHEA v. THE UNITED STATES, 28 Ct. Cl. 392 (Ct. Cl. 1893)

. . . Tbe salary of plaintiff from tbe date of bis appointment to March 5, 1888, would be $425.04. Mr. . . . entitled to receive pay for the period between, those dates at the rate of $1,500 a year, or the sum of $425.04 . . . Judgment for plaintiff in tbe sum of $425.04. . . .