Florida Statute 75.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 75.05

Total Results: 20

Haslauer v. Haslauer

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: court’s “rationale” for the distribution); § 61.075(5), Fla. Stat. (allowing for “interim partial distribution

JONI BARTOLOTTA v. ALAN BARTOLOTTA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: definition of a marital asset as provided by section 61.075(5)(a), Florida Statutes (1993), and section 61.076… II. Discussion 1 Section 61.075(5)(a) provided that marital assets are assets acquired…language of the MSA and its reliance on sections 61.075(5)(a) and 61.076(1) was erroneous. Two prior opinions…, the terms of the MSA control over sections 61.075(5)(a) and 61.076(1). Therefore, the trial court'

IRVING D. RIVERA v. ANGELICA MARIE RIVERA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-02T00:00:00-07:00

Snippet: noninterspousal gift, bequest, devise or descent.” § 61.075(5)(b)(2), Fla. Stat. (2004) (emphasis added). … Pinder received from her aunt. Section 61.075(5)(b)2. states that non-marital assets include those

MYRA BLEW v. MICHAEL BLEW

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-29T00:53:00-07:00

Snippet: an interim partial distribution under section 61.075(5), Florida Statutes (2021), upon a showing of “extraordinary

MAROONE CHEVROLET, LLC d/b/a MAROONE CHEVROLET v. GERMAN ALVARADO

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-06T00:53:00-07:00

Snippet: RISC”), financing $22,768.79 at a rate of 15.75% for five years with monthly payments of $554.23 and a…Truck, financing $22,768.79 at a rate of 15.75% for five years with a finance charge of $10,485.01.

BRIAN CALVARESE v. JOANNE KENNEDY CALVARESE

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-02T23:53:00-08:00

Snippet: property, a party must show good cause. See § 61.075(5), Fla. Stat. (2020). We have said that “extraordinary

ARICA MATYJASZEK v. KEVIN R. MATYJASZEK

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-12T00:53:00-07:00

Snippet: petition for dissolution was filed, § 61.075(5)(a) 2, Fla. Stat. (1993), should be included

Kinney v. Putnam County Canvassing Board

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-10T00:53:00-07:00

Snippet: or a United States Attorney’s Office.” Id. § 98.075(5). If the Department determines that the information

Velden v. Nationstar Mortgage

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-07T23:53:00-08:00

Snippet: Bollettieri, 228 So. 3d at 75. 5 5D16-3628 District

Clyde E. Johnson v. State of Florida

Court: Fla. | Date Filed: 2017-04-20T00:00:00-07:00

Citation: 215 So. 3d 1237, 42 Fla. L. Weekly Supp. 470, 2017 WL 1409660, 2017 Fla. LEXIS 888

Snippet: age can expect to live to approximately age 75. 5 On March 19, 2015, we quashed the Fifth

M.T. v. Agency for Persons With Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-24T00:00:00-07:00

Citation: 212 So. 3d 413, 2016 Fla. App. LEXIS 12754

Snippet: tested him and M.T. scored an estimated IQ of 75; 5 M.T.’s cognitive decline, brain damage,

David Howell Storey v. Delfina P. Storey

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-01T00:00:00-07:00

Citation: 192 So. 3d 670, 2016 WL 3087801, 2016 Fla. App. LEXIS 8329

Snippet: looked to the statutory provisions of sections 61.075(5)(a) (defining “marital assets”) and 61.076(1) (outlining…compliance with the MSA and final judgment. §§ 61.075(5)(a), 61.076(1), Fla. Stat. (1993). More compelling…statutory definition of marital assets in section 61.075(5)(a), Florida Statutes (1993), and to section 61.076

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

Court: Fla. | Date Filed: 2015-10-01T00:00:00-07:00

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

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

Kemp v. Kemp

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-14T00:00:00-07:00

Citation: 171 So. 3d 243, 2015 Fla. App. LEXIS 12120, 2015 WL 4774662

Snippet: wife’s motion for temporary attorney’s fees. § 61.075(5), Fla. Stat. (2014); Austin v. Austin, 120 So.3d

Somasca v. Somasca

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-31T00:00:00-07:00

Citation: 171 So. 3d 780, 2015 Fla. App. LEXIS 11555, 2015 WL 4610463

Snippet: subject to equitable distribution under section 61.075(5)(a)(2), Florida Statutes (2007).” 58 So.3d at 869…language that previously appeared in section 61.075(5)(a)(2) now appears — without substantial change

Ingram v. Ingram

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-12T00:00:00-07:00

Citation: 133 So. 3d 1205, 2014 WL 948888, 2014 Fla. App. LEXIS 3495

Snippet: retirement, [and] pension ... plans.” See § 61.075(5)(a)(4), Fla. Stat. (1993) (emphasis added); see

Hahamovitch v. Hahamovitch

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-08T00:00:00-08:00

Citation: 133 So. 3d 1008, 2014 WL 52717, 2014 Fla. App. LEXIS 135

Snippet: 2007)3; Laws of Fla. 1988, c. 88-98. Section 61.075(5)(a)2., Florida Statutes (2007), provides that marital…impairment of a preexisting contract. Section 61.075(5)(a)2., Florida Statutes (2007), was not a change

Hodge v. Hodge

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-20T00:00:00-08:00

Citation: 129 So. 3d 441, 2013 WL 6687837, 2013 Fla. App. LEXIS 20100

Snippet: appreciation is a marital asset under section 61.075(5)(a)(2). This step must include findings of fact

Defanti v. Russell

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-23T00:00:00-07:00

Citation: 126 So. 3d 377, 2013 WL 5729785, 2013 Fla. App. LEXIS 16776

Snippet: distribution arises from section 61.075(5), Florida Statutes (2012). Section 61.075(5), in pertinent part, states…that require an interim partial distribution. § 61.075(5), Fla. Stat. (2012) (emphasis added). Here, the

Austin v. Austin

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-13T00:00:00-07:00

Citation: 120 So. 3d 669, 2013 WL 4873486, 2013 Fla. App. LEXIS 14674

Snippet: outside the pleadings cannot stand). Section 61.075(5), Florida Statutes (2011), does not authorize the