CopyCited 69 times | Published | Supreme Court of Florida
...Final judgment was rendered validating the bonds and Defendant Nohrr appealed. The State of Florida did not appeal. The Educational Facilities Law contains no reference to validation proceedings and Defendant says that the Authority was not within the classification of Plaintiffs set forth in Fla. Stat. § 75.02, F.S.A., so as to be authorized to bring validation proceedings. Fla. Stat. § 75.02, F.S.A., provides that, "Any county, municipality, taxing district or other political district or subdivision of this state, including the governing body of any drainage, conservation or reclamation district, and including also state agencie...
...* * *" This section then authorizes such entities to file a complaint for the purpose of validating bonds or certificates of indebtedness. The Authority, by statute, is "a public body corporate and politic" and is constituted *307 "as a public instrumentality," Fla. Stat. §
243.21(1), F.S.A. Fla. Stat. §
75.02, F.S.A., was amended in 1949 to include state agencies, commissions and departments authorized to issue bonds....
CopyCited 46 times | Published | Supreme Court of Florida
...ection 12, Florida Constitution. I. The state attorney argues that the Miami Beach Redevelopment Agency is not one of the kinds of entities authorized under chapter 75, Florida Statutes (1979) to institute an action for the validation of *884 bonds. Section 75.02 provides for the filing of a complaint to determine authority to incur bonded debt by "any county, municipality, taxing district or other political district or subdivision of this state......
CopyCited 37 times | Published | Supreme Court of Florida | 2001 WL 776541
...power to acquire waterworks system of the City of Miami and to rule on tax exempt status of the property of the City's waterworks system; stating that bond validation statute did not give the court power to bring other parties into the proceedings). Section 75.02, Florida Statutes (2000), provides that the party seeking bond validation can file a complaint in circuit court "against the state and the taxpayers, property owners, and citizens" of the area affected by the bonds....
CopyCited 18 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1425
...is without merit. There is no requirement that any public obligation be validated under Chapter 75, supra. The Chapter may be invoked and the proceedings there delineated pursued, if the governing body of such public authority deems it "expedient." Section 75.02, Florida Statutes 1953, F.S.A....
CopyCited 14 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1401
...The City of Pensacola filed its petition in the Circuit Court of Escambia County, Florida, to validate the paving certificates in the aggregate principal sum of $1,700,000, as provided for by Chapter 75, F.S.A. The State of Florida and a taxpayer of said city were made defendants, pursuant to Section 75.02 , F.S.A....
CopyCited 14 times | Published | Supreme Court of Florida | 1990 WL 55689
...We are presented with two basic issues: whether the agreements at issue here may be validated pursuant to chapter 75, Florida Statutes (1989), and, if so, whether article VII, section 12, Florida Constitution (1968), requires referendum approval for the bonds' validation. Section 75.02 provides that a political subdivision of the state may determine its authority to incur bonded debt by filing a complaint in circuit court....
...rocedures to impress the court's imprimatur upon this type of "creative" bond financing. We rejected this argument in State v. Brevard County,
539 So.2d 461 (Fla. 1989). We accordingly find that the boards are proper plaintiffs within the meaning of section
75.02....
...[4] For a discussion of the "nonappropriation mechanism" as a device to permit financing of essential governmental functions consistent with constitutional debt limitations, see Note, State and Municipal Lease-Purchase Agreements: A Reassessment, 7 Harv.J.L. & Pub.Pol'y 521 (1984) (authored by Reuven Mark Bisk). [5] Section 75.02, Florida Statutes (1989), provides: Plaintiff....
CopyCited 13 times | Published | Supreme Court of Florida | 2001 WL 776464
...performed contractual agreement, as in this case. Section
75.01, Florida Statutes (2000), sets forth that "[c]ircuit courts have jurisdiction to determine the validation of bonds and certificates of indebtedness and all matters connected therewith." Section
75.02, Florida Statutes (2000), entitled "Plaintiff," lists who may bring the cause of action and provides in pertinent part: Any county [or] municipality ......
...Bauder,
718 So.2d 781, 783 (Fla.1998). In addition, the particular matter must be fully litigated and determined in a contest that results in a final decision of a court of competent jurisdiction. See B.J.M.,
656 So.2d at 910. [5] The City contends that a change to the language of section
75.02 indicates that validation proceedings may be brought after the debt has been incurred. Specifically, the City notes that the 1927 version of section 5106, Compiled General Laws, which was the predecessor statute to section
75.02 and which was repealed in 1967, authorized a bond validation suit for any public entity "desiring to incur any bonded debt or to issue certificates of indebtedness." By contrast, as noted above, the current version of section
75.02 provides for validation suits to determine the legality of "taxes levied." The City contends that this change reflects the fact that the current version of section
75.02 contemplates a judicial determination of the validity of the bond after the fact. We disagree. Although the current statutory language of section
75.02 may not be as explicit as its predecessor with regard to the prospective nature of chapter 75 proceedings, the current statutory language, which provides for validation proceedings "to incur bonded debt" and to "issue certificates of debt," clearly contemplates a prospective action to determine the validity of a bond or other debt instrument. [6] In City of Miami, the City brought a proceeding pursuant to 5106-5112, Compiled General Laws (1927), the predecessors of sections
75.02 through
75.12, Florida Statutes (2000), for the validation of certain water revenue certificates....
CopyCited 12 times | Published | Supreme Court of Florida
...ty exclusively for municipal purposes and is exempt from all taxation under the laws of the State of Florida. Proceedings to validate bonds are purely statutory. The power of the courts with reference thereto must be found within the statute itself. Section 75.02 expressly provides that "Any * * * municipality * * * of this state * * * may, if deemed expedient, determine its authority to incur bonded debt or issue certificates of indebtedness and the legality of all proceedings in connection the...
CopyCited 8 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 579, 1991 Fla. LEXIS 888, 1991 WL 169539
...d in not joining the Leon County Canvassing Board as a defendant. This argument is wholly without merit. Nothing in the relevant bond validation statutes or the relevant election laws requires the canvassing board to be a party to this proceeding. §§
75.02,
100.321, Fla....
...eedings and referenda in which voters have approved a tax to secure the bond issue in question. By their own terms, these other statutes grant standing to the county and create the exclusive remedy available to taxpayers in cases of this type. Under section 75.02, the county (as a plaintiff) has express standing to litigate "its authority to incur bonded debt or issue certificates of debt and the legality of all proceedings in connection therewith, including assessment of taxes levied or to be levied." § 75.02, Fla....
...on the legal validity of a bond issue. To this end, the statute makes all taxpayers and property owners of the jurisdiction necessary defendants in the bond validation action, including those who happen to be members of political action committees. § 75.02, Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 1997 WL 602704
...The Corporation filed a complaint for bond validation in the Second Judicial Circuit Court, Leon County, on January 8, 1997. In its answer, the State Attorney for the Second Judicial Circuit challenged the sufficiency of the complaint as violative of section 75.02, Florida Statutes (1995), and article VII of the Florida Constitution....
...Martin County Health Facilities Auth.,
682 So.2d 1089 (Fla.1996). The State Attorney asserts that none of those conditions have been satisfied and, therefore, this Court should reverse the trial court's order validating the Corporation's bond issuance. STANDING Regarding the State Attorney's standing argument, section
75.02, Florida Statutes (1995), provides that: Any county, municipality, taxing district or other political district or subdivision of this state, including the governing body of any drainage, conservation or reclamation district, and includi...
CopyCited 5 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 437
...ied method of assessment, which reduced the assessment on Rinker's property to $353,139.51. On January 22, the Council adopted Resolution No. 4, giving final approval to the assessment roll as modified. The Council then filed this action pursuant to section 75.02, Florida Statutes (1985), to have the bonds validated....
CopyCited 3 times | Published | Supreme Court of Florida | 1993 WL 219860
...The judge then denied the Authority's motion to strike but also denied Penn's motion for rehearing. Penn subsequently filed his notice of appeal. [1] First, Penn argues that the Escambia County Circuit Court lacked jurisdiction over this cause. We find this argument without merit. Compare § 75.02, Fla....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida.
privilege, contains similar language to that found in § 75(2). This language permits parties to contract out
CopyCited 2 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 6, 2012 Fla. LEXIS 20, 2012 WL 16587
...beach restoration project. With this condition satisfied, the County was authorized to file a complaint in circuit court for a determination of its “authority to incur bonded debt ... and the legality of all proceedings in connection therewith.” § 75.02, Fla....
CopyPublished | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 569, 1997 Fla. LEXIS 1438, 1997 WL 574719
555; (3) the Corporation lacks standing under section
75.02, to file a complaint for the validation of revenue
CopyPublished | Supreme Court of Florida | 2015 WL 5996764
...We disagree that this case was not ripe for bond validation or that the court lacked jurisdiction. Section
75.01, Florida Statutes (2014), confers jurisdiction on the circuit courts to determine the validity of bonds and certificates of indebtedness. Section
75.02, Florida Statutes, expressly states that the plaintiff in a bond validation proceeding “may determine its authority by law to issue bonds.” This presupposes that the bonds will not be issued and specific payment provisions enacted until after the validation proceeding....
CopyPublished | Supreme Court of Florida
...We disagree that this case was not ripe for bond validation or that the court lacked
jurisdiction. Section
75.01, Florida Statutes (2014), confers jurisdiction on the
circuit courts to determine the validity of bonds and certificates of indebtedness.
Section
75.02, Florida Statutes, expressly states that the plaintiff in a bond
validation proceeding “may determine its authority by law to issue bonds.” This
- 16 -
presupposes that the bonds will not...
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16919
...d Sewer District and acting as the District’s governing board. Subsequently, appellees filed a suit in which they asked the court to validate bonds issued by the Water and Sewer District. Appellant became a defendant in this proceeding pursuant to Section 75.02, Florida Statutes (1975) since he was a resident of Collier County....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7235
Florida, Acts of 1929. . 44 C.J.S. Insane Persons § 75(2) (a), p. 178. See also South Carolina Mental Health
