Florida Statutes
Fla. Stat. § 75.05 (2025)
Order and service.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1944–2025 · leading case: KEY CITIZENS FOR GOV., INC. v. Florida Keys Aqueduct Auth., 795 So. 2d 940 (Fla. 2001).
KEY CITIZENS FOR GOV., INC. v. Florida Keys Aqueduct Auth., 795 So. 2d 940 (Fla. 2001). “See §§ 75.05, 75.06, Fla. Stat. (2000). Under the Mathews v.”
City of Oldsmar v. State, 790 So. 2d 1042 (Fla. 2001). “[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.”
State v. City of Sarasota, 17 So. 2d 109 (Fla. 1944). “The petition for validation was filed December 7, 1943, and on that day an order entitled “notice and order to show cause,” directed to the State of Florida and the property owners and tax payers, was entered by the Court, pursuant to Section 75.05 Florida Statutes 1941. Seven…”
Meyers v. City of St. Cloud, 78 So. 2d 402 (Fla. 1955). “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.”
State v. Florida State Improvement Com'n, 75 So. 2d 1 (Fla. 1954). “Section 75.05, F.S.A. Suit was filed on the 25th day of March, 1953, and rule nisi was issued returnable January 18, 1954.”
Robert R. Reynolds v. Leon Cnty. Energy Improvement Dist., etc., 176 So. 3d 254 (Fla. 2015). “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 affected by the issuance of bonds or…”
State v. Escambia Cnty., 52 So. 2d 125 (Fla. 1951). “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. An answer was filed, a hearing was had in the court below on the issues made by the pleadings, and on final hearing a decree of validation was entered.”
Broward Cnty. v. State, 515 So. 2d 1273 (Fla. 1987). “§§ 75.05, 75.07. An indispensable party has been defined as "one whose interest in the subject matter is such that if he is not joined a complete and efficient determination of the equities and rights between the other parties is not possible.”
Lodwick v. Palm Beach Cnty. Sch. Dist., 506 So. 2d 407 (Fla. 1987). “The record shows that the state performed the duties required of it by section 75.05, Florida Statutes (1985). We therefore affirm the circuit court order validating this bond issue.”
State Attorneys for the Second, Seventh & Ninth Jud. Circuits v. Florida Pace Funding Agency, Etc.; Alachua Cnty. Tax Collector v. Florida Pace Funding Agency; Palm Beach Cnty., Florida v. Florida Pace Funding Agency; Alachua Cnty., Florida v. Florida Pace Funding Agency (Fla. 2025). “While Appellants argue that section 75.05 permits state attorneys to bring a rule 1.”
Special Tax Sch. Dist. No. 1 v. State, 16 Fla. Supp. 110 (Fla. Cir. Ct., Duval Cty. 1960). “Section 75.05. In this proceeding the state is attacking the validity of the bonds on the grounds that the notice of reregistration was not published as required by law, that the election was not held in accordance with and did not comply with the constitution, and that a…”
— 75.05(1) — 4 cases
KEY CITIZENS FOR GOV., INC. v. Florida Keys Aqueduct Auth., 795 So. 2d 940 (Fla. 2001). “See §§ 75.05, 75.06, Fla. Stat. (2000). Under the Mathews v.”
City of Oldsmar v. State, 790 So. 2d 1042 (Fla. 2001). “[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.”
Robert R. Reynolds v. Leon Cnty. Energy Improvement Dist., etc., 176 So. 3d 254 (Fla. 2015). “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 affected by the issuance of bonds or…”
State Attorneys for the Second, Seventh & Ninth Jud. Circuits v. Florida Pace Funding Agency, Etc.; Alachua Cnty. Tax Collector v. Florida Pace Funding Agency; Palm Beach Cnty., Florida v. Florida Pace Funding Agency; Alachua Cnty., Florida v. Florida Pace Funding Agency (Fla. 2025). “While Appellants argue that section 75.05 permits state attorneys to bring a rule 1.”
— 75.05(3) — 1 case
KEY CITIZENS FOR GOV., INC. v. Florida Keys Aqueduct Auth., 795 So. 2d 940 (Fla. 2001). “See §§ 75.05, 75.06, Fla. Stat. (2000). Under the Mathews v.”
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