The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 425
RURAL ELECTRIC COOPERATIVES

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F.S. 425.17

425.17 Conversion of existing corporations.—Any corporation organized under the laws of this state for the purpose, among others, of supplying electric energy in rural areas may be converted into a cooperative and become subject to this chapter with the same effect as if originally organized under this chapter by complying with the following requirements:

(1) The proposition for the conversion of such corporation into a cooperative and proposed articles of conversion to give effect thereto shall be first approved by the board of trustees or the board of directors as the case may be, of such corporation. The proposed articles of conversion shall recite in the caption that they are executed pursuant to this chapter and shall state:

(a) The name of the corporation prior to its conversion into a cooperative;

(b) The address of the principal office of such corporation;

(d) The statute under which such corporation was organized;

(e) The name assumed by such corporation;

(f) A statement that such corporation elects to become a cooperative, nonprofit, membership corporation subject to this chapter;

(g) The names and addresses of the persons who shall constitute the board of trustees of such corporation after the completion of the conversion thereof until the next following annual meeting of its members;

(h) The manner and basis of converting either memberships in or shares of stock of such corporation into memberships therein after completion of the conversion; and

(i) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of such corporation;

(2) The proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion approved by the board of trustees or board of directors, as the case may be, of such corporation shall then be submitted to a vote of the members or stockholders, as the case may be, of such corporation at any duly held annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed conversion. The proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion, with such amendments thereto as the members or stockholders of such corporation shall choose to make, shall be deemed to be approved upon the affirmative vote of not less than two-thirds of those members of such corporation voting thereon at such meeting, or, if such corporation is a stock corporation, upon the affirmative vote of the holders of not less than two-thirds of the capital stock of such corporation represented at such meeting;

(3) Upon such approval by the members or stockholders of such corporation, articles of conversion in the form approved by such members or stockholders shall be executed and acknowledged on behalf of such corporation by its president or vice president and its corporate seal shall be affixed thereto and attested by its secretary. The president or vice president executing such articles of conversion on behalf of such corporation shall also make and annex thereto an affidavit stating that the provisions of this section with respect to the approval of its trustees or directors and its members or stockholders, of the proposition for the conversion of such corporation into a cooperative and such articles of conversion were duly complied with. Such articles of conversion and affidavit shall be submitted to the Department of State for filing as provided in this chapter. The term “articles of incorporation” as used in this chapter shall be deemed to include the articles of conversion of a converted corporation.

History.—s. 16, ch. 19138, 1939; CGL 1940 Supp. 6494(59); ss. 10, 35 ch. 69-106.

F.S. 425.17 on Google Scholar

F.S. 425.17 on Casetext

Amendments to 425.17

Arrestable Offenses / Crimes under Fla. Stat. 425.17

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 425.17.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BREAZEALE Vu v. VICTIM SERVICES, INC. DBA DBA, 878 F.3d 759 (9th Cir. 2017)

. . . Code § 425.17(b). This has come to be known as the statute’s “public-interest exception.” . . . Code § 425.17(b). . . . Code § 425.17(e) (providing no immediate appeal “[i]f any trial court denies a special motion to strike . . . Proc, Code § 425.17(e) (providing. . . .

E. D. C. TECHNOLOGIES, INC. v. SEIDEL,, 225 F. Supp. 3d 1058 (N.D. Cal. 2016)

. . . Code § 425.17(a). One such exemption is for “commercial speech.” Id. § 425.17(c). . . . Code § 425.17(c). . . . Id. § 425.17(c)(1). . . . Id. § 425.17(c)(2). . . . Code § 425.17(c)(1). . . .

UNITED TACTICAL SYSTEMS, LLC, v. REAL ACTION PAINTBALL, INC., 143 F. Supp. 3d 982 (N.D. Cal. 2015)

. . . Code § 425.17). . . . Code § 425.17(c)). . . . Code § 425.17(c)(2)). . . . Code. § 425.17(c)(2). . . . Code § 425.17(c)(1). . . . .

FRIEDMAN FSZ LLC, v. DIRECTV, a LLC, a, 262 F. Supp. 3d 1000 (C.D. Cal. 2015)

. . . . § 425.17. . . . . § 425.17(d)(2). .. . . .

MEBO INTERNATIONAL, INC. a v. YAMANAKA, 607 F. App'x 768 (9th Cir. 2015)

. . . Cal.Civ.Proc.Code § 425.17(d)(1). Thus, Dr. . . .

NCDR, L. L. C. P. C. TX, P. C. v. MAUZE BAGBY, P. L. L. C. II III,, 745 F.3d 742 (5th Cir. 2014)

. . . Cal.Civ.Proc.Code § 425.17(c)(1). . . .

CUSANO, v. KLEIN, a a, 473 F. App'x 803 (9th Cir. 2012)

. . . The district court did not deny Klein’s motion pursuant to California Civil Procedure Code § 425.17, . . . Proc.Code § 425.17(e) (providing that an order denying an anti-SLAPP motion to strike under this section . . .

GREATER LA AGENCY ON DEAFNESS, v. CABLE NEWS NETWORK, INC., 862 F. Supp. 2d 1021 (N.D. Cal. 2012)

. . . . § 425.17(d). . . .

WEILAND SLIDING DOORS AND WINDOWS, INC. v. PANDA WINDOWS AND DOORS, LLC,, 814 F. Supp. 2d 1033 (S.D. Cal. 2011)

. . . Commercial Speech Exception California Civil Procedure Code § 425.17 lays out several exemptions from . . . Among them is § 425.17(c), the “commercial speech exemption.” TYR Sport Inc. v. . . .

DOE, v. GANGLAND PRODUCTIONS, INC., 802 F. Supp. 2d 1116 (C.D. Cal. 2011)

. . . As the California legislature recognized when it enacted § 425.17 to respond to and limit what it saw . . . Indeed, the California legislature declared in the plain language of § 425.17 that “there has been a . . . It enacted § 425.17 to limit the application of § 425.16 and rein in parties exploiting § 425.16 to seek . . .

SMITH, v. LEVINE LEICHTMAN CAPITAL PARTNERS, INC., 723 F. Supp. 2d 1205 (N.D. Cal. 2010)

. . . However, section 425.17(b) provides an exception to the application of the anti-SLAPP statute. . . . Code Civil Proc. § 425.17(b). . . . Section 425.17(b) provides that the anti-SLAPP law does not apply: to any action brought solely in the . . . The Court finds that Plaintiffs have demonstrated that all requirements of 425.17(b) are satisfied here . . .

TUCK BECKSTOFFER WINES LLC, v. ULTIMATE DISTRIBUTORS, INC., 682 F. Supp. 2d 1003 (N.D. Cal. 2010)

. . . . § 425.17(c) (emphasis added). . . . The court finds that the § 425.17 exception does not apply. . . . P. § 425.17(c)(1). . . . P.Code § 425.17(c)(1). . . . P.Code § 425.17(c)(2). . . .

HILTON, v. HALLMARK CARDS, a, 580 F.3d 874 (9th Cir. 2009)

. . . .”); Cal.Civ.Proc.Code § 425.17(c). . . .

HILTON, v. CARDS, a, 599 F.3d 894 (9th Cir. 2009)

. . . .”); Cal.Civ.Proc.Code § 425.17(c). . . .

TYR SPORT INC. v. WARNACO SWIMWEAR INC., 679 F. Supp. 2d 1120 (C.D. Cal. 2009)

. . . were abusing the anti-SLAPP statute, the California legislature enacted Civil Procedure Code Section 425.17 . . . Cal.Civ.Proc.Code § 425.17(c) (emphasis supplied). . . . Id. § 425.17(d)(3). . . . Evans, 160 Cal.App.4th 482, 491, 72 Cal.Rptr.3d 847 (2008) (referring to Section 425.17) (emphasis supplied . . . TYR argues that, because Section 425.17 was intended to apply to business disputes, neither Schubert . . .

SONOMA FOODS, INC. v. SONOMA CHEESE FACTORY, LLC,, 634 F. Supp. 2d 1009 (N.D. Cal. 2007)

. . . argue that an exception to the Anti-SLAPP provisions set forth in California Code of Civil Procedure § 425.17 . . . Section 425.17(c) provides in pertinent part: Section 425.16 [the Anti-SLAPP provisions] do[] not apply . . . Proc. § 425.17(c)(1). . . .

SHARPER IMAGE CORPORATION, a v. TARGET CORPORATION, a LLC, a LLC, a a LLC, a d b a a LLC, a, 425 F. Supp. 2d 1056 (N.D. Cal. 2006)

. . . . § 425.17(c). This exception was “intended to apply to commercial disputes.” Brill Media Co. v. . . . settlement of a lawsuit” are not statements of fact and do not fall within the exception created by § 425.17 . . . Plaintiffs argument that Defendants’ counterclaims attack protected speech activity is inappo-site; § 425.17 . . . Accordingly, the Court concludes that § 425.17 prevents a special motion to strike in this case. . . .

FLORES, v. EMERICH FIKE, a, 416 F. Supp. 2d 885 (E.D. Cal. 2006)

. . . Section 425.17 exempts from Anti-SLAPP coverage certain public interest lawsuits: Section 425.16 does . . . The section 425.17 exemption does not apply. . . . Plaintiffs also argue that a second exemption, set forth in § 425.17(c) applies in this case. . . . Section 425.17(c) provides: Section 425.16 [the Anti-SLAPP provisions] do[] not apply to any cause of . . . Proc. § 425.17(c). . . .

TROY GROUP, INC. v. TILSON,, 364 F. Supp. 2d 1149 (C.D. Cal. 2005)

. . . (“Section 425.17”). . . . Code § 425.17(c). . . . Code § 425.17(c)(1). . . . Code § 425.17(c)(2). Both criteria must be met to establish the exception. . . . Accordingly, the exception codified in Section 425.17 has no application here. . . .

VERIZON DELAWARE, INC. D. C. v. COVAD COMMUNICATIONS COMPANY D. C. v., 377 F.3d 1081 (9th Cir. 2004)

. . . But see § 425.17(c) (stating that § 425.16 does not apply to certain causes of action against businesses . . .

NEW. NET, INC. v. LAVASOFT AB,, 356 F. Supp. 2d 1090 (C.D. Cal. 2004)

. . . Code § 425.17 Plaintiff next argues that under recently enacted section 425.17, this case is excluded . . . P. § 425.17(a). . . . Code § 425.17(c)(l)(2) (emphasis added). . . . section 425.17(c)(2). 1. . . . Id. § 425.17(c). . . .

THREE RIVERS CABLEVISION, INC. v. CITY OF PITTSBURGH, 502 F. Supp. 1118 (W.D. Pa. 1980)

. . . Section 425.17(f) of the CCO states: (f) Any person submitting a proposal to enter into an agreement . . . meaningful way, full-scale minority participation in the proposed cable communications system (see Section 425.17 . . . well, with “ownership” since the preface to the RFP in which it appears makes a direct reference to § 425.17 . . . Specifically, § 425.17(f) of the CCO, which was enacted prior to the publication of the RFP, and §§ 6.8 . . . or “contradictory” phrase in the preface was followed immediately in parentheses by a citation to § 425.17 . . .