The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 75
BOND VALIDATION

View Entire Chapter

F.S. 75.05

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.

F.S. 75.05 on Google Scholar

F.S. 75.05 on Casetext

Amendments to 75.05

Arrestable Offenses / Crimes under Fla. Stat. 75.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 75.05.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NORTH CAROLINA STATE CONFERENCE OF THE NAACP s v. MCCRORY, K. D. a a a A. M. E. M. J. M. M. N. v. B. a K. a D. a J. a a L. v. W., 182 F. Supp. 3d 320 (M.D.N.C. 2016)

. . . 2006 general (8.58%/90.03%); 2008 primary (31.50%/65.27%); 2008 general (31.88%/64.24%); 2010 (21.92%/75.05% . . .

R. REYNOLDS, v. LEON COUNTY ENERGY IMPROVEMENT DISTRICT,, 176 So. 3d 254 (Fla. 2015)

. . . In connection with the filing of a bond validation complaint, section 75.05(1), Florida Statutes, requires . . .

MOSSER, v. DENBURY RESOURCES, INC. LLC,, 112 F. Supp. 3d 906 (D.N.D. 2015)

. . . NDJI-Civil C-75.05. . . .

R. SCHMIDT, v. WISCONSIN DIVISION OF VOCATIONAL REHABILITATION,, 502 F. App'x 612 (7th Cir. 2013)

. . . Code DWD § 75.05(1). . . .

KEYS CITIZENS FOR RESPONSIBLE GOVERNMENT, INC. v. FLORIDA KEYS AQUEDUCT AUTHORITY,, 795 So. 2d 940 (Fla. 2001)

. . . Section 75.05 further provides that the court shall issue an order “directed against the state and the . . . See § 75.05(1), Fla. Stat. (2000). . . . See §§ 75.05, 75.06, Fla. Stat. (2000). Under the Mathews v. . . . Section 75.05(3), Florida Statutes (2000), requires independent special districts such as the Authority . . .

CITY OF OLDSMAR, v. STATE, 790 So. 2d 1042 (Fla. 2001)

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

CARSON HARBOR VILLAGE, LTD. a v. UNOCAL CORPORATION, a, 270 F.3d 863 (9th Cir. 2000)

. . . Singer, Statutes and Statutory Construction § 75.05, at 428 (6th ed.2000) (when interpreting hazardous . . .

In BENNETT FUNDING GROUP, INC. II,, 203 B.R. 30 (Bankr. N.D.N.Y. 1996)

. . . Public Schools, Johnston, Rhode Island”, and indicates that there are to be 36 monthly payments of $75.05 . . .

MCLANDRICH, a a v. SOUTHERN CALIFORNIA EDISON COMPANY,, 917 F. Supp. 723 (S.D. Cal. 1996)

. . . SCE owns 80% of Unit 1 and 75.05% of Units 2 and 3. . . .

BANCAMERICA COMMERCIAL CORPORATION ASARCO v. TRINITY INDUSTRIES, INC., 900 F. Supp. 1427 (D. Kan. 1995)

. . . $2,514.00 $5,263.50 61.74% $43.03 $26.57 $5,290.07 6/93 7/23/93 $9,961.00 $8,405.50 $0.00 $930.00 $7,475.50 75.05% . . .

PEOPLE AGAINST TAX REVENUE MISMANAGEMENT, INC. v. COUNTY OF LEON,, 583 So. 2d 1373 (Fla. 1991)

. . . The notice and other procedural requirements of sections 75.05 and 75.07, Florida Statutes (1989), were . . .

BROWARD COUNTY, STATE, 515 So. 2d 1273 (Fla. 1987)

. . . . §§ 75.01, 75.02, 75.04, 75.05. . . . . §§ 75.05, 75.07. . . .

LODWICK, v. SCHOOL DISTRICT OF PALM BEACH COUNTY,, 506 So. 2d 407 (Fla. 1987)

. . . The record shows that the state performed the duties required of it by section 75.05, Florida Statutes . . .

Dr. STOUTZ, III v. UNITED STATES, 324 F. Supp. 197 (E.D. La. 1970)

. . . $7,500.00 2,885.86 12/30/60 57.72 2,943.58 6/30/61 58.87 3.002.45 11/7/61 2,500.00 5.502.45 12/29/61 75.05 . . .

McGEE, v. UNITED STATES, 402 F.2d 434 (10th Cir. 1968)

. . . Kansas City, Kansas, and also presented an $85.00 American Express Money Order in payment and received $75.05 . . .

AMERICAN HERITAGE LIFE INSURANCE COMPANY, v. C. COOK,, 183 So. 2d 751 (Fla. Dist. Ct. App. 1966)

. . . mortgage payments which had accrued, to the appellee, and to continue to make the monthly payments of $75.05 . . .

UNITED STATES v. PUGLIESE, a k a, 346 F.2d 861 (2d Cir. 1965)

. . . 884, 84 S.Ct. 158, 11 L.Ed.2d 114 (1963); Model Penal Code § 2.13(2); Proposed New York Penal Law §§ 75.05 . . .

STATE v. SUWANNEE COUNTY DEVELOPMENT AUTHORITY OF SUWANNEE COUNTY,, 122 So. 2d 190 (Fla. 1960)

. . . interpretation of the allegations required in a petition for validation the provisions of Sections 75.05 . . .

SPECIAL TAX SCHOOL DISTRICT No. DUVAL COUNTY, v. STATE OF FLORIDA,, 16 Fla. Supp. 110 (Duval Cty. Cir. Ct. 1960)

. . . Section 75.05. . . .

MEYERS, C. C. E. H. St. v. CITY OF ST. CLOUD,, 78 So. 2d 402 (Fla. 1955)

. . . On that date a rule nisi, or notice, was issued, as provided for by Section 75.05, F.S., F.S.A., returnable . . . Section 75.05, F.S., F.S.A., requires that all of the persons above named as defendants, and the State . . . , F.S., F.S.A., but the state attorney did appear and answer for them as provided for by Section 75.05 . . . Section 75.05, F.S.A. . . . Section 75.05, F.S.A., or thereafter by intervention upon leave of the Court. * * * * * * “Williamson . . . . §§ 75.05 and 75.07, F.S.A., after the time fixed for intervention as of right had expired. . . .

STATE H. C. v. FLORIDA STATE IMPROVEMENT COMMISSION,, 75 So. 2d 1 (Fla. 1954)

. . . Section 75.05, F.S.A. . . . Section 75.05, F.S.A., or thereafter by intervention upon leave of the Court. . . .

STATE OF FLORIDA THE TAXPAYERS, PROPERTY OWNERS CITIZENS OF SAID CITY OF SARASOTA, INCLUDING NON- RESIDENTS, OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, v. CITY OF SARASOTA, a, 154 Fla. 250 (Fla. 1944)

. . . State of Florida and the property owners and tax payers, was entered by the Court, pursuant to Section 75.05 . . . Section 75.05 Florida Statutes reads in part as follows: “75.05 Rule nisi and service. — The judge of . . . However, the purpose of Section 75.05 was fully carried out in this instance. . . . jurisdiction of the parties was subsequently obtained by compliance with the provisions of Section 75.05 . . . While it is most forcefully and plausibly 'argued that under said Section 75.05 the court can only render . . .

THE DONNA LANE. HANSEN v. DONNA LANE MOTOR SHIP CORPORATION, 299 F. 977 (W.D. Wash. 1924)

. . . Amount of wages collected and paid, $75.05. . . .

THE FORTEVIOT, 98 F. 440 (D. Wash. 1899)

. . . A decree will be entered awarding to libelants the following sums: To Harry Roy, §75.05; to Peter Reynard . . .