Florida Statute 75.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 75
BOND VALIDATION

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75.05 Order and service.—

(1) The court shall issue an order directed against the state and the several property owners, taxpayers, citizens and others having or claiming any right, title or interest in property to be affected by the issuance of bonds or certificates, or to be affected thereby, requiring all persons, in general terms and without naming them and the state through its state attorney or attorneys of the circuits where the county, municipality or district lies, to appear at a designated time and place within the circuit where the complaint is filed and show why the complaint should not be granted and the proceedings and bonds or certificates validated. A copy of the complaint and order shall be served on the state attorney of the circuit in which such proceedings are pending, and when the municipality or district lies in more than one judicial circuit, on the state attorney of each of the circuits at least 20 days before the time fixed for hearing. The state attorney shall examine the complaint, and, if it appears or there is reason to believe that it is defective, insufficient, or untrue, or if in the opinion of the state attorney the issuance of the bonds or certificates in question has not been duly authorized, defense shall be made by said state attorney. The state attorney shall have access, for the purposes aforesaid, to all records and proceedings of the county, municipality, state agency, commission or department, or district, and any officer, agent or employee having charge, possession, or control of any of the books, papers, or records of the county, municipality, state agency, commission, department, or district shall exhibit them for examination on demand of the state attorney, and shall furnish, without cost, duly authenticated copies thereof which pertain to the proceedings for the issuance of the bonds or certificates or which may affect their legality.

(2) In the case of state agencies, commissions, or departments, a copy of the complaint and order shall be served on the state attorney of the circuit in which the action is pending and if pending in a county when the proceeds of the bond issue are to be expended in any other county, on the state attorney of each county in which it is proposed to expend the proceeds.

(3) Notwithstanding any other provision of law, whether a general law or special act, validation of bonds to be issued by a special district, other than a community development district established pursuant to chapter 190, as provided in s. 190.016(12), is not mandatory, but is at the option of the issuer. However, the validation of bonds issued by such community development districts shall not be required on refunding issues.

History.—s. 2, ch. 6868, 1915; RGS 3297; s. 2, ch. 10036, 1925; s. 2, ch. 12003, 1927; CGL 5107, 5114, 5124; s. 1, ch. 14504, 1929; s. 1, ch. 22623, 1945; s. 3, ch. 25263, 1949; s. 25, ch. 67-254; s. 11, ch. 79-183; s. 32, ch. 89-169; s. 1, ch. 91-308; s. 141, ch. 92-279; s. 55, ch. 92-326; s. 5, ch. 2004-305.

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Amendments to 75.05

Annotations, Discussions, Cases:

Cases Citing Statute 75.05

Total Results: 9

KEY CITIZENS FOR GOV., INC. v. Florida Keys Aqueduct Auth.

795 So. 2d 940, 2001 WL 776541

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1252156

Cited 37 times | Published

citizens" of the area affected by the bonds. Section 75.05 further provides that the court shall issue

State v. Escambia County

52 So. 2d 125, 1951 Fla. LEXIS 1309

Supreme Court of Florida | Filed: Apr 17, 1951 | Docket: 1407799

Cited 18 times | Published

petition as prescribed by the provisions of Section 75.05, F.S.A. An answer was filed, a hearing was had

City of Oldsmar v. State

790 So. 2d 1042, 2001 WL 776464

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1734463

Cited 13 times | Published

procedure is in accord with the provisions of section 75.05(1), Florida Statutes (2000), which specifically

State v. FLORIDA STATE IMPROVEMENT COM'N

75 So. 2d 1, 1954 Fla. LEXIS 1767

Supreme Court of Florida | Filed: Oct 5, 1954 | Docket: 474857

Cited 4 times | Published

covered by Chapter 75, and particularly F.S. Section 75.05, F.S.A. Suit was filed on the 25th day of March

State v. City of Sarasota

17 So. 2d 109, 154 Fla. 250, 1944 Fla. LEXIS 673

Supreme Court of Florida | Filed: Mar 7, 1944 | Docket: 3266880

Cited 4 times | Published

payers, was entered by the Court, pursuant to Section 75.05 Florida Statutes 1941. Seven days later, on

Lodwick v. PALM BEACH COUNTY SCH. DIST.

506 So. 2d 407, 40 Educ. L. Rep. 557, 12 Fla. L. Weekly 229, 1987 Fla. LEXIS 1837

Supreme Court of Florida | Filed: May 7, 1987 | Docket: 1700395

Cited 1 times | Published

state performed the duties required of it by section 75.05, Florida Statutes (1985). We therefore affirm

Robert R. Reynolds v. Leon County Energy Improvement District, etc.

176 So. 3d 254, 40 Fla. L. Weekly Supp. 522, 2015 Fla. LEXIS 2126, 2015 WL 5727823

Supreme Court of Florida | Filed: Oct 1, 2015 | Docket: 2863693

Published

the filing of a bond validation complaint, section 75.05(1), Florida Statutes, requires that “[t]he court

Ago

Florida Attorney General Reports | Filed: Oct 10, 1978 | Docket: 3258166

Published

validation proceeding under s. 75.09, F. S. Section 75.05, F. S., requires that notice of a proceeding

Meyers v. City of St. Cloud

78 So. 2d 402, 1955 Fla. LEXIS 3365

Supreme Court of Florida | Filed: Mar 2, 1955 | Docket: 64486419

Published

or notice, was issued, as provided for by Section 75.05, F.S., F.S.A., returnable to December 8, 1954

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