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Florida Statute 75.05 - Full Text and Legal Analysis
Florida Statute 75.05 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 75
BOND VALIDATION
View Entire Chapter
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  |  Sort by: Relevance  |  Newest First

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KEY CITIZENS FOR GOV., INC. v. Florida Keys Aqueduct Auth., 795 So. 2d 940 (Fla. 2001).

Cited 37 times | Published | Supreme Court of Florida | 2001 WL 776541

...o 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. Section 75.05 further provides that 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...
...In bond validation proceedings, the Legislature has provided that a copy of the bond validation complaint and the court's order to show cause why the complaint should not be granted and the bonds validated must be served on the state attorney in the circuit where the proceeding is pending. See § 75.05(1), Fla....
...1992), this Court concluded that a newspaper advertisement of a bond validation hearing for an unspecified "roadway project" provided adequate notice and "complied with the requirements of law." Nor do the pertinent bond validation statutes require the specificity of published notice urged by the Citizens. See §§ 75.05, 75.06, Fla....
...However, the Legislature has authorized local governments within the Florida Keys area of critical state concern to enact an ordinance requiring connection to a central sewer system within thirty days. See ch. 99-395, § 4, at 4068, Laws of Fla. [2] Section 75.05(3), Florida Statutes (2000), requires independent special districts such as the Authority to also serve a copy of the complaint for bond validation on the Division of Bond Finance of the State Board of Administration.
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State v. Escambia Cnty., 52 So. 2d 125 (Fla. 1951).

Cited 18 times | Published | Supreme Court of Florida | 1951 Fla. LEXIS 1309

...f the petition, was a copy of the resolution adopted by the Board of County Commissioners of Escambia County, Florida, dated November 21, 1950. An order was made by the Circuit Court upon the filing of the petition as prescribed by the provisions of Section 75.05, F.S.A....
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City of Oldsmar v. State, 790 So. 2d 1042 (Fla. 2001).

Cited 13 times | Published | Supreme Court of Florida | 2001 WL 776464

...suance only: (a) to finance or refinance capital projects authorized by law and only when approved by vote of the electors who are owners of freeholds therein not wholly exempt from taxation.... [3] This procedure is in accord with the provisions of section 75.05(1), Florida Statutes (2000), which specifically provides for the state attorney to respond to whether the bonds or certificates in question are duly authorized....
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State v. Florida State Improvement Com'n, 75 So. 2d 1 (Fla. 1954).

Cited 4 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1767

...ave filed assignments of error and briefs. They claimed that there was an abuse of discretion on the part of the trial Judge in denying them the right to intervene. This entire question of intervention is covered by Chapter 75, and particularly F.S. Section 75.05, F.S.A....
...Williamson, and others, filed their petition to intervene to which was attached a proposed answer. By F.S. Section 75.07, F.S.A., it is provided that any interested person may become a party to the proceeding by pleading to the petition on or before the time set for hearing, as provided for in F.S. Section 75.05, F.S.A., or thereafter by intervention upon leave of the Court....
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State v. City of Sarasota, 17 So. 2d 109 (Fla. 1944).

Cited 4 times | Published | Supreme Court of Florida | 154 Fla. 250, 1944 Fla. LEXIS 673

payers, was entered by the Court, pursuant to Section 75.05 Florida Statutes 1941. Seven days later, on
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Lodwick v. Palm Beach Cnty. Sch. Dist., 506 So. 2d 407 (Fla. 1987).

Cited 1 times | Published | Supreme Court of Florida | 40 Educ. L. Rep. 557, 12 Fla. L. Weekly 229, 1987 Fla. LEXIS 1837

...h allegation of the complaint, and participated in the hearing. That the court validated the bonds does not mean that the state failed to participate actively in the proceedings. The record shows that the state performed the duties required of it by section 75.05, Florida Statutes (1985)....
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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

validation proceeding under s. 75.09, F. S. Section 75.05, F. S., requires that notice of a proceeding
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Robert R. Reynolds v. Leon Cnty. Energy Improvement Dist., etc., 176 So. 3d 254 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 522, 2015 Fla. LEXIS 2126, 2015 WL 5727823

...-2- Under the plain terms of the statute, any person wishing to participate in bond validation proceedings must appear in the circuit court. In connection with the filing of a bond validation complaint, section 75.05(1), Florida Statutes, requires that “[t]he 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 affe...
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Meyers v. City of St. Cloud, 78 So. 2d 402 (Fla. 1955).

Published | Supreme Court of Florida | 1955 Fla. LEXIS 3365

...The Williamson case, sup'ra, which as aforesaid appellee vigorously contends is controlling here and should cause us to dismiss this appeal, must likewise be distinguished from the instant case. In the Williamson case the appellants had moved to intervene in the circuit court, under F.S. §§ 75.05 and 75.07, F.S.A., after the time fixed for intervention as of right had expired....

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