Senate Bill sb2034

    Florida Senate - 2001                                  SB 2034

    By Senator Latvala





    19-385B-01

  1                      A bill to be entitled

  2         An act relating to rural electric cooperatives;

  3         amending s. 425.09, F.S.; authorizing

  4         cooperative bylaws to permit voting by limited

  5         proxy for certain purposes and under certain

  6         circumstances; providing criteria and

  7         limitations; prohibiting voting by general

  8         proxy; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsections (6) and (7) of section 425.09,

13  Florida Statutes, are amended to read:

14         425.09  Members.--

15         (6)  One percent of all members, present in person,

16  shall constitute a quorum for the transaction of business at

17  all meetings of the members, unless the bylaws prescribe the

18  presence of a greater percentage of the members for a quorum.

19  Notwithstanding the requirement that members be present in

20  person in order to be counted in determining a quorum, the

21  bylaws may permit voting by limited proxy consistent with s.

22  607.0722 or by mail in an election of trustees, and members so

23  voting shall be counted as present in person for determination

24  of a quorum. Members voting by mail or limited proxy shall not

25  be counted on any matter raised at a meeting that was not

26  specifically listed and identified on the mail ballot or

27  limited proxy.  If less than a quorum is present at any

28  meeting, a majority of those present in person may adjourn the

29  meeting from time to time without further notice.

30         (7)  Each member shall be entitled to one vote on each

31  matter submitted to a vote at a meeting.  Voting shall be in

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2034
    19-385B-01




  1  person, but, if the bylaws so provide, may also be by limited

  2  proxy or by mail, or both.  If the bylaws provide for voting

  3  by limited proxy or by mail, they shall also prescribe the

  4  conditions under which limited proxy or mail voting may shall

  5  be exercised. The bylaws may not permit voting by general

  6  proxy. For purposes of this section, a limited proxy is one on

  7  which a member has recorded a vote for or against an issue or

  8  issues specifically listed on the proxy. In no event shall any

  9  limited proxy be valid for a period longer than 90 days after

10  the date of the first meeting for which the proxy is given.

11  Every proxy is revocable, at any time, at the pleasure of the

12  member executing it. In any event, no person shall vote as

13  proxy for more than three members at any meeting of the

14  members except as otherwise permitted in the bylaws.

15         Section 2.  This act shall take effect October 1, 2001.

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18                       LEGISLATIVE SUMMARY

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      Authorizes rural electric cooperative bylaws to permit
20    voting or otherwise acting by limited proxy but restricts
      limited proxies. Prohibits such bylaws from permitting
21    voting by general proxy.

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CODING: Words stricken are deletions; words underlined are additions.