CopyCited 46 times | Published | Supreme Court of Florida | 1955 Fla. LEXIS 3498
...As we have just said the procedure under Chapter 75, Florida Statutes 1953, and F.S.A., is one to validate bonds themselves, and while the authority of a petitioner to incur the debt and issue the bonds, and the proceedings providing for the issue must be set out, Section 75.04, if the decree "validates the bonds" it is conclusive of all matters adjudicated against the parties it affects and prohibits the calling into question of proceedings or remedies provided for collection....
CopyCited 16 times | Published | Supreme Court of Florida | 2003 WL 22052315
...The issue of DOT's obligation to pay the stormwater fees arose again in 2001, when the City Commission approved issuance of revenue bonds to fund capital improvements to the stormwater system. Revenues from the stormwater fees will pay for the bonds. The City filed a complaint under section 75.04, Florida Statutes (2001), seeking to validate its proposed bond issue....
CopyCited 13 times | Published | Supreme Court of Florida | 2001 WL 776464
...shall cause an election to be held to authorize the issuance such bonds or certificates ... or, when permitted by law, adopt an ordinance, resolution or other proceeding providing for the issuance of such bonds or certificates in accordance with law. Section 75.04, Florida Statutes (2000), sets forth the requirements for the complaint, including that the "complaint shall set out the plaintiffs authority for incurring the bonded debt or issuing certificates of debt ......
CopyCited 9 times | Published | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 245, 1999 Fla. LEXIS 907, 1999 WL 343064
...The County then determined by resolution to issue revenue bonds for the purpose of financing the construction and acquisition of the convention center. Following the adoption of the resolution, the County filed a complaint for validation in circuit court. In compliance with section
75.04, the complaint alleged the County's authority to issue the bonds, the ordinance and resolution authorizing the issuance of bonds, the amount of the bonds (i.e., not exceeding $35,000,000), and the interest the bonds will bear (i.e., an amount not to exceed the maximum permitted by law). See Dorman v. Highlands County Hosp. Dist.,
417 So.2d 253 (Fla.1982) (holding that allegation in complaint that bonds will bear "interest at rates not to exceed the maximum rate permitted by law at time of issuance" complied with section
75.04's requirement concerning rate of interest)....
...As for the former, the statute only requires the County to identify the amount of the bonds to be issued, which it did in this case by alleging that the bonds would not exceed $35,000,000. As for the latter, the only necessary parties under chapter 75 are the bond-issuing entity and the State. See §§ 75.04, .05; Broward County v....
CopyCited 7 times | Published | Supreme Court of Florida
...public purpose and is not an industrial or manufacturing plant; (2) a nonjudicial body's determination of whether statutory requirements have been met cannot be final and conclusive; and (3) the failure to allege the interest rate as required by subsection 75.04(1), Florida Statutes (Supp....
...1971). We agree with the state that such findings and conclusions are *1348 subject to judicial review, [3] but nothing has been presented which requires disturbing the findings of the agency and the circuit court. The state's third claim is that subsection 75.04(1) requires an agency's complaint seeking bond validation to set out the interest rate the subject bonds are to bear....
...hstanding any limitation in other laws relating to the maximum interest rate permitted for bonds ... as may be determined or provided for by the local agency." In view of this language, we can find no legislative intent that would mandate reading subsection 75.04(1) to require the complaint to state a finite, specific rate of interest for the issuance of industrial bonds as long as the complaint sets forth the method by which the interest will be determined....
...erators while denying it to others. Such would be a departure from principles of equality before the law. The majority opinion cites no authority, and the proponents have cited none, that clearly shows why we are free to ignore the plain language of section 75.04(1), Florida Statutes (1981), which provides, "The complaint shall set out ......
CopyPublished | Supreme Court of Florida | 1953 Fla. LEXIS 1679
...No question is raised as to sufficiency of the petition to validate, the sufficiency of the notice, or the sufficiency of other proceedings incident to the validation decree. It is first contended that Section 3.02 of the resolution of petitioner to validate said bonds is violative of Section 75.04, Florida Statutes, F.S.A., in that it authorizes issuance of State School Bonds on behalf of the respective counties, bearing interest at not exceeding four per cent per annum. Section 75.04, Florida Statutes, F.S.A., among other things, provides that “the petition for validation of bonds shall briefly set out * .* * the interest they are to bear”....
...It may be admitted that one of the primary purposes of validation is to facilitate the marketing and sale of the bonds, but that has no relation to the recitation of the interest rate they bear in the petition to validate. Reciting the maximum rate of interest satisfies the requirement of Section 75.04, Florida Statutes, F.S.A....
CopyPublished | Supreme Court of Florida | 1967 Fla. LEXIS 4163
...a vote of qualified electors, as contemplated by F.S. Chapter 172, F.S.A. 2. Whether the ordinance upon which the validation was predicated is legally sufficient. 3. Whether the petition for validation is sufficient to meet the requirements of F.S. § 75.04, F.S.A....
...As to Point 2: The ordinance in question is legally sufficient and Appellants’' attack thereupon is without merit. The subject of the ordinance is expressed with such certainty as to give reasonable notice of its scope and all matters reasonably related thereto. As for Point 3: The requirements of F.S. § 75.04, F.S.A., with which we are concerned regarding the petition for validation of bonds, are that the petition “ * * briefly set out * * * the petitioner’s authority for incurring the bonded debt or issuing certificates of indebtedness * * ” It is our judgment that Appellee has fairly met required conditions....
CopyPublished | Supreme Court of Florida | 1982 Fla. LEXIS 2475
...ership of property. We find that the declaration of slum and blight within the authority's boundaries was proper. Appellants claim in their final point that the series C bonds are defective because the rate of interest is not specifically set forth. Section 75.04, Florida Statutes (1979), requires that all bond validation complaints set forth "the interest they are to bear." Appellants assert that the proposed series C bonds do not meet the requirement of this section because the instant bonds d...
CopyPublished | Supreme Court of Florida | 1982 Fla. LEXIS 2456
the district’s complaint does not comply with section
75.04, Florida Statutes (1981), because it fails to
