Florida Statutes

Fla. Stat. § 75.04 (2025)

Complaint.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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75.04 Complaint.—

(1) The complaint shall set out the plaintiff’s authority for incurring the bonded debt or issuing certificates of debt, the holding of an election and the result when an election is required, the ordinance, resolution, or other proceeding authorizing the issue and its adoption, all other essential proceedings had or taken in connection therewith, the amount of the bonds or certificates to be issued and the interest they are to bear; and, in case of a drainage, conservation, or reclamation district, the authority for the creation of such district, for the issuance of bonds, for the levy and assessment of taxes and all other pertinent matters.

(2) In the case of an independent special district as defined in s. 218.31(7), the complaint shall allege the creation of a trust indenture established by the petitioner for a bonded trustee acceptable to the court who shall certify the proper expenditure of the proceeds of the bonds.

History.—s. 2, ch. 6868, 1915; RGS 3297; s. 2, ch. 12003, 1927; CGL 5107, 5123, 5124; s. 1, ch. 14504, 1929; s. 25, ch. 67-254; s. 13, ch. 80-281.

Notes of Decisions

Cited in 10 cases, 1953–2003 · leading case: State v. Leon Cnty., Fla., 410 So. 2d 1346 (Fla. 1982).

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State v. Leon Cnty., Fla., 410 So. 2d 1346 (Fla. 1982). · cites it 6× “The state raises three issues on appeal: (1) a public lodging facility does not serve a paramount 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…”

City of Gainesville v. State, 863 So. 2d 138 (Fla. 2003). · cites it 2× “The City filed a complaint under section 75.04, Florida Statutes (2001), seeking to validate its proposed bond issue.”

City of Oldsmar v. State, 790 So. 2d 1042 (Fla. 2001). · cites it 2× “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 .”

State v. Osceola Cnty., 752 So. 2d 530 (Fla. 1999). · cites it 3× “See §§ 75.04, .05; Broward County v. State, 515 So.”

State v. Florida State Tpk. Auth., 80 So. 2d 337 (Fla. 1955). “, 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…”

Hope v. City of Gainesville, 195 So. 2d 849 (Fla. 1967). · cites it 4× “Whether the petition for validation is sufficient to meet the requirements of F.S. § 75.04, F.S.A. *851 4. Whether the City of Gainesville has authority to extend its water, sewer and electric distribution systems beyond its corporate limits.”

Dorman v. Highlands Cnty. Hosp. Dist., 417 So. 2d 253 (Fla. 1982). · cites it 7× “They contend that the district’s complaint does not comply with section 75.04, Florida Statutes (1981), because it fails to state the interest that the bonds will bear, fails to allege the creation of a trust indenture, and fails to attach a full and complete copy of the board’s…”

State v. State Bd. of Educ., 67 So. 2d 627 (Fla. 1953). · cites it 6× “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.”

Holloway v. Lakeland Downtown Dev. Auth., 417 So. 2d 963 (Fla. 1982). · cites it 2× “Section 75.04, Florida Statutes (1979), requires that all bond validation complaints set forth "the interest they are to bear.”

Turner v. City of Clearwater, 789 So. 2d 273 (Fla. 2001). “In accordance with section 75.04, the complaint alleged the City’s authority to issue the bonds, the ordinance and resolution authorizing the issuance of bonds, the amount of the bonds, and the interest the bonds will bear.”

— 75.04(1) — 2 cases

State v. Leon Cnty., Fla., 410 So. 2d 1346 (Fla. 1982). “The state raises three issues on appeal: (1) a public lodging facility does not serve a paramount 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…”

Dorman v. Highlands Cnty. Hosp. Dist., 417 So. 2d 253 (Fla. 1982). “They contend that the district’s complaint does not comply with section 75.04, Florida Statutes (1981), because it fails to state the interest that the bonds will bear, fails to allege the creation of a trust indenture, and fails to attach a full and complete copy of the board’s…”

— 75.04(2) — 1 case

— 75.04(l) — 1 case

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