Florida Statute 75.2 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 75
BOND VALIDATION

View Entire Chapter

F.S. 75.02

75.02 Plaintiff.—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 agencies, commissions and departments authorized by law to issue bonds, may determine 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, the lien thereof and proceedings or other remedies for their collection. For this purpose a complaint shall be filed in the circuit court in the county or in the county where the municipality or district, or any part thereof, is located against the state and the taxpayers, property owners, and citizens of the county, municipality or district, including nonresidents owning property or subject to taxation therein. In actions to validate bonds or certificates of debt issued by state agencies, commissions or departments, the complaint shall be filed in the circuit court of the county where the proceeds of the bond issue are to be expended, or where the seat of state government is situated, and shall be brought against the state and the taxpayers, property owners and citizens thereof, including nonresidents owning property or subject to taxation therein.

History.—s. 1, ch. 6868, 1915; RGS 3296; s. 1, ch. 10036, 1925; s. 1, ch. 12003, 1927; CGL 5106, 5113, 5123; s. 1, ch. 25263, 1949; s. 25, ch. 67-254.

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Amendments to 75.02

Annotations, Discussions, Cases:

Cases Citing Statute 75.02

Total Results: 19

Nohrr v. Brevard County Educational Fac. Auth.

247 So. 2d 304

Supreme Court of Florida | Filed: Apr 21, 1971 | Docket: 1461475

Cited 69 times | Published

Stat. § 75.02, F.S.A., so as to be authorized to bring validation proceedings. Fla. Stat. § 75.02, F.S

State v. Miami Beach Redevelopment Agency

392 So. 2d 875

Supreme Court of Florida | Filed: Dec 11, 1980 | Docket: 1678416

Cited 46 times | Published

an action for the validation of *884 bonds. Section 75.02 provides for the filing of a complaint to determine

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

bring other parties into the proceedings). Section 75.02, Florida Statutes (2000), provides that the

North Shore Bank v. Town of Surfside

72 So. 2d 659, 1954 Fla. LEXIS 1425

Supreme Court of Florida | Filed: May 4, 1954 | Docket: 1512181

Cited 18 times | Published

such public authority deems it "expedient." Section 75.02, Florida Statutes 1953, F.S.A. The purpose of

State v. School Bd. of Sarasota County

561 So. 2d 549, 1990 WL 55689

Supreme Court of Florida | Filed: Apr 26, 1990 | Docket: 1740283

Cited 14 times | Published

referendum approval for the bonds' validation. Section 75.02 provides that a political subdivision of the

State v. City of Pensacola

40 So. 2d 569, 1949 Fla. LEXIS 1401

Supreme Court of Florida | Filed: May 20, 1949 | Docket: 3262897

Cited 14 times | Published

said city were made defendants, pursuant to Section 75.02, F.S.A. Answers were filed by each and considerable

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

indebtedness and all matters connected therewith." Section 75.02, Florida Statutes (2000), entitled "Plaintiff

State v. City of Miami

103 So. 2d 185

Supreme Court of Florida | Filed: Jun 6, 1958 | Docket: 405672

Cited 12 times | Published

thereto must be found within the statute itself. Section 75.02 expressly provides that "Any * * * municipality

People Against Tax Rev. Mismanagement, Inc. v. County of Leon

583 So. 2d 1373, 16 Fla. L. Weekly Supp. 579, 1991 Fla. LEXIS 888, 1991 WL 169539

Supreme Court of Florida | Filed: May 30, 1991 | Docket: 1284047

Cited 8 times | Published

available to taxpayers in cases of this type. Under section 75.02, the county (as a plaintiff) has express standing

State v. Inland Protection Financing Corp.

699 So. 2d 1352, 1997 WL 602704

Supreme Court of Florida | Filed: Oct 2, 1997 | Docket: 1321015

Cited 6 times | Published

sufficiency of the complaint as violative of section 75.02, Florida Statutes (1995), and article VII of

Rinker Materials Corp. v. Town of Lake Park

494 So. 2d 1123, 11 Fla. L. Weekly 437

Supreme Court of Florida | Filed: Aug 21, 1986 | Docket: 452293

Cited 5 times | Published

Council then filed this action pursuant to section 75.02, Florida Statutes (1985), to have the bonds

Penn v. FLORIDA DEFENSE FIN. & ACC. SERV.

623 So. 2d 459, 1993 WL 219860

Supreme Court of Florida | Filed: Jun 24, 1993 | Docket: 1658508

Cited 3 times | Published

We find this argument without merit. Compare § 75.02, Fla. Stat. (1991) with § 163.01(13), Fla. Stat

Donovan v. Okaloosa County

82 So. 3d 801, 37 Fla. L. Weekly Supp. 6, 2012 Fla. LEXIS 20, 2012 WL 16587

Supreme Court of Florida | Filed: Jan 5, 2012 | Docket: 60306259

Cited 2 times | Published

legality of all proceedings in connection therewith.” § 75.02, Fla. Stat. Accordingly, the circuit court had

In Re Ginn-LA St. Lucie Ltd., LLLP

439 B.R. 801

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 9, 2010 | Docket: 2057429

Cited 2 times | Published

privilege, contains similar language to that found in § 75(2). This language permits parties to contract out

Florida Bankers Ass'n v. Florida Development Finance Corp.

176 So. 3d 1258, 2015 WL 5996764

Supreme Court of Florida | Filed: Oct 15, 2015 | Docket: 60250884

Published

of bonds and certificates of indebtedness. Section 75.02, Florida Statutes, expressly states that the

& SC14-1618 Florida Bankers Association v. Florida Development Finance Corporation, etc. & Robert Reynolds v. Florida Development Finance Corporation, etc.

Supreme Court of Florida | Filed: Oct 15, 2015 | Docket: 2924132

Published

of bonds and certificates of indebtedness. Section 75.02, Florida Statutes, expressly states that the

State v. Florida Hurricane Catastrophe Fund Finance Corp.

699 So. 2d 685, 22 Fla. L. Weekly Supp. 569, 1997 Fla. LEXIS 1438, 1997 WL 574719

Supreme Court of Florida | Filed: Sep 18, 1997 | Docket: 64775934

Published

555; (3) the Corporation lacks standing under section 75.02, to file a complaint for the validation of revenue

Bruns v. Archer

352 So. 2d 121, 1977 Fla. App. LEXIS 16919

District Court of Appeal of Florida | Filed: Nov 16, 1977 | Docket: 64561406

Published

a defendant in this proceeding pursuant to Section 75.02, Florida Statutes (1975) since he was a resident

Department of Health & Rehabilitative Services v. Harrell

258 So. 2d 340, 1972 Fla. App. LEXIS 7235

District Court of Appeal of Florida | Filed: Feb 24, 1972 | Docket: 64524505

Published

Florida, Acts of 1929. . 44 C.J.S. Insane Persons § 75(2) (a), p. 178. See also South Carolina Mental Health