The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 425
RURAL ELECTRIC COOPERATIVES

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F.S. 425.10

425.10 Board of trustees.—

(1) The business and affairs of a cooperative shall be managed by a board of not less than five trustees, each of whom shall be a member of the cooperative or of another cooperative which shall be a member thereof. The bylaws shall prescribe the number of trustees, their qualifications, other than those provided for in this chapter, the manner of holding meetings of the board of trustees and of the election of successors to trustees who shall resign, die, or otherwise be incapable of acting. The bylaws may also provide for the removal of trustees from office and for the election of their successors. Without approval of the members, trustees shall not receive any salaries for their services as trustees and, except in emergencies, shall not be employed by the cooperative in any capacity involving compensation. The bylaws may, however, provide that a fixed fee and expenses of attendance, if any, may be allowed to each trustee for attendance at each meeting of the board of trustees and that such may be allowed for the performance of other cooperative business, provided it has prior approval of the board of trustees.

(2) The trustees of a cooperative named in any articles of incorporation, consolidation, merger or conversion, as the case may be, shall hold office until the next following annual meeting of the members or until their successors shall have been elected and qualified. At each annual meeting or, in case of failure to hold the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect trustees to hold office until the next following annual meeting of the members, except as hereinafter otherwise provided. Each trustee shall hold office for the term for which he or she is elected or until a successor shall have been elected and qualified.

(3) The bylaws may provide that, in lieu of electing the whole number of trustees annually, the trustees may be divided into three classes at the first or any subsequent annual meeting, each class to be as nearly equal in number as possible, with the term of office of the trustees of the first class to expire at the next succeeding annual meeting and the term of the second class to expire at the second succeeding annual meeting and the term of the third class to expire at the third succeeding annual meeting. At each annual meeting after such classification a number of trustees equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the third succeeding annual meeting.

(4) A majority of the board of trustees shall constitute a quorum.

(5) If a husband and wife hold a joint membership in a cooperative, either one, but not both, may be elected a trustee.

(6) The board of trustees may exercise all of the powers of a cooperative except such as are conferred upon the members by this chapter, or its articles of incorporation or bylaws.

History.—s. 9, ch. 19138, 1939; CGL 1940 Supp. 6494(52); s. 1, ch. 28053, 1953; s. 1, ch. 74-33; s. 93, ch. 97-103.

F.S. 425.10 on Google Scholar

F.S. 425.10 on Casetext

Amendments to 425.10

Arrestable Offenses / Crimes under Fla. Stat. 425.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 425.10.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GATES GATES, v. ALLSTATE TEXAS LLOYD S,, 267 F. Supp. 3d 861 (W.D. Tex. 2016)

. . . Code § 425.10(a)(2) (“If the recovery of money or damages is demanded, the amount demanded shall be stated . . .

In DIET DRUGS PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE PRODUCTS LIABILITY LITIGATION, 905 F. Supp. 2d 644 (E.D. Pa. 2012)

. . . Cal.Civ.Proc.Code § 425.10. Moreover, the complaint alleges a colorable claim. . . .

In DARVOCET, DARVON AND PROPOXYPHENE PRODUCTS LIABILITY LITIGATION. v., 889 F. Supp. 2d 931 (E.D. Ky. 2012)

. . . Cal.Civ.Proc.Code § 425.10(a)(1). . . .

GEOGRAPHIC EXPEDITIONS, INC. v. ESTATE OF LHOTKA LHOTKA,, 599 F.3d 1102 (9th Cir. 2010)

. . . In accord with California Code of Civil Procedure § 425.10(b), the state court complaint did not specify . . .

PENGILLY MASONRY, INC. v. ASPEN INSURANCE UK LIMITED,, 674 F. Supp. 2d 1150 (E.D. Cal. 2009)

. . . s cross-complaint based upon Mitchell’s failure to comply with California Code of Civil Procedure § 425.10 . . .

In Re AVANDIA MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION. v. v. d b a v. v. d b a v. v. d b a v. d b a v. d b a v. d b a v. v. d b a v. d b a v. PLC, v. v. d b a v. d b a v., 624 F. Supp. 2d 396 (E.D. Pa. 2009)

. . . . § 425.10(a)(1). . In re Fosamax, 2008 WL 2940560, at *5 (quoting McKell v. . . .

A. NAGRAMPA, v. MAILCOUPS, INC., 469 F.3d 1257 (9th Cir. 2006)

. . . the facts constituting the cause of action, in ordinary and concise language,” Cal.Civ.Proc.Code § 425.10 . . .

SANTAMARINA, v. SEARS, ROEBUCK CO., 466 F.3d 570 (7th Cir. 2006)

. . . . § 425.10(a)(1); Davaloo v. State Farm, Ins. . . .

ABREGO ABREGO, v. THE DOW CHEMICAL CO, d b a, 443 F.3d 676 (9th Cir. 2006)

. . . in Singer had filed an action in state court that, pursuant to California Code of Civil Procedure § 425.10 . . . In this respect, the workers' pleading is consistent with California Code of Civil Procedure section 425.10 . . . Cal Civ.Proc.Code § 425.10(b) (West 2006) (The current section 425.10 became effective on January 1, . . .

BURK v. MEDICAL SAVINGS INSURANCE COMPANY,, 348 F. Supp. 2d 1063 (D. Ariz. 2004)

. . . See, e.g., Cal.Civ.Proc.Code § 425.10(b) (prohibiting plaintiffs in a personal injury or wrongful death . . .

LAMKE, v. SUNSTATE EQUIPMENT CO. LLC,, 319 F. Supp. 2d 1029 (N.D. Cal. 2004)

. . . California Code of Civil Procedure § 425.10(b) provides that the amount of damages shall be stated in . . . P. § 425.10(b). . . .

ZEIDLER v. A W RESTAURANTS, INC., 71 F. App'x 595 (7th Cir. 2003)

. . . collecting the June 20th judgment to be reasonable, the court awarded A & W total fees in the amount of $57, 425.10 . . .

TPS UTILICOM SERVICES, INC. v. AT T CORP., 223 F. Supp. 2d 1089 (C.D. Cal. 2002)

. . . . § 425.10. Nothing in this complaint alleges any such act by either resident defendant. . . .

SURBER, v. RELIANCE NATIONAL INDEMNITY CO., 110 F. Supp. 2d 1227 (N.D. Cal. 2000)

. . . Pursuant to California Code of Civil Procedure sections 425.10 and 425.11, a plaintiff in a personal . . . Code §§ 425.10, 425.11. . . .

SINGER, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 116 F.3d 373 (9th Cir. 1997)

. . . . § 425.10(b), so the basis for the removal could not be the amount stated in the complaint. . . . Cal.Code Civ.Proc. § 425.10(b) as set out in statutes 1971, eh. 244 § 23. . . . expressly prohibits the plaintiff in a personal injury case from stating how much money he demands: § 425.10 . . . CaLCode Civ.Proe. § 425.10(b). This amendment means that the mechanical system of St. . . .

NATIONAL POLYCHEMICALS, INC. v. UNITED STATES, J. J. Co. A C A S In-, 433 F.2d 1327 (C.C.P.A. 1970)

. . . dinitrosopentamethylenetetramine (DNPT) as a compound “containing a triazine ring” within the meaning of Item 425.10 . . . footnote in the Fifth Supplemental Report, Tariff Classification Study, which flatly states that “item 425.10 . . . in an “Explanation” accompanying a revision of the items covering nitrogenous compounds, that “item 425.10 . . . dutied at the same rate under a paragraph of the Tariff Act of 1930 imposing the same rate as Item 425.10 . . . Polyehemicals has not attempted to argue that DNPT does not come under TSUS Item 425.10 because that . . .

v. J. J. Co. A CA S, 58 C.C.P.A. 37 (C.C.P.A. 1970)

. . . dinitrosopentamethylenetetramine (DNPT) as a compound “containing a triazine ring” within tbe meaning of Item 425.10 . . . footnote in the Fifth Supplemental Report, Tariff Glassification S tudy, which flatly states that “item 425.10 . . . in an “Explanation” accompanying a revision of the items covering nitrogenous compounds, that “item 425.10 . . . dutied at the same rate under a paragraph of the Tariff Act of 1980 imposing the same rate as Item 425.10 . . . Polychemicals lias not attempted to argue that DNPT does not come under TSUS Item . 425.10 because that . . .

v. J. J. Co. a c A S, 62 Cust. Ct. 453 (Cust. Ct. 1969)

. . . The regional commissioner classified the merchandise in question under item 425.10 of the Tariff Schedules . . . nomenclature, structure, manufacture or use between “DNPT” and those compounds specifically named in item 425.10 . . . The legislative history of item 425.10 of the Tariff Schedules of the United States, under which the . . . Item 425.10 of the Tariff Schedules of the United States, provides for cyanuric chloride, melamine, and . . . The language in item 425.10, supra, refers to compounds “containing a triazine ring”, and such provision . . .

TENNESSEE- ARKANSAS GRAVEL CO. v. COMMISSIONER OF INTERNAL REVENUE, 112 F.2d 508 (6th Cir. 1940)

. . . including seven Steel barges, derrick boats, houseboat, tug boat, etc., for a total consideration of $75,-425.10 . . .