Florida/Georgia Personal Injury & Workers Compensation

...itted). 56 Florida law establishes a presumption that the CRA and the City are separate and distinct bodies. As the district court noted, the State legislature created community redevelopment agencies as independent legal bodies. See Fla. Stat. Ann. § 163.356 et seq....

...or welfare of the residents of such county or municipality." After having made such a finding of necessity, the governing body of the county or municipality may create a community redevelopment *880 agency, separately constituted if necessary under section 163.356, or it may constitute itself as the community redevelopment agency....

...If a county or municipality determines that redevelopment is necessary, it must adopt a resolution finding that blighted or slum areas exist and that redevelopment is necessary. § 163.355. Thereafter, it may create a community redevelopment agency. § 163.356....

...§ 1985 (3), could not be premised upon gender-based discrimination. We reverse and remand. I. 2 Florida law permits the governing body of a county or municipality, after appropriate findings of necessity, to create a community redevelopment agency. Fla. Stat. Ann. § 163.356 (1) (1997)....

...governing body) within the geographic boundaries of the redevelopment area. Id. § 163.387. Third, the entities may share personnel. The redevelopment agency is run either by an appointed board of commissioners or by the governing body itself. Id. §§ 163.356(2), 163.357(1)(a)....

...Lyes also points out that the City made an interest-free loan to the CRA, and we take notice of the Florida statutes permitting the City to provide further funds to the CRA. See Fla. Stat. Ann. § 163.358 (3) (governing body may authorize issuance of revenue bonds for redevelopment activities); id. § 163.356(3)(d) (governing body may appropriate to redevelopment agency sufficient funds for operating expenses)....

...§ 163.355 (governing body must determine that: (1) slum or blighted areas or areas with shortage of affordable housing exist in jurisdiction; and (2) redevelopment efforts are "necessary in the interest of the public health, safety, morals, or welfare of the residents"); id. § 163.356(1) (governing body must also find that there is a specific need for a redevelopment agency) 2 We note that the Supreme Court recently decided that an entity's "employer" status should be determined by counting employees under the so-called "payroll method," see Walters v....

...In addition to the general statement in section 163.358, the Community Redevelopment Act lists the discrete steps a county or municipality must undertake to employ tax increment financing under the Act, and no step requires that Parker levy ad valorem taxes. Specifically, section 163.356(1), Florida Statutes (2006), provides in part: Upon a finding of necessity ......

...omitted). Florida law establishes a presumption that the CRA and the City are separate and distinct bodies. As the district court noted, the State legislature created community redevelopment agencies as independent legal bodies, iSee Fla. Stat. Ann. § 163.356 et seq....

...Upon determining that such an area exists within the county or municipality and that redevelopment of that area is necessary, the county or municipality is authorized to create a community redevelopment agency to carry out the purposes of the Act. § 163.356(1), Fla....

...states that the "proceedings under this section shall be the sole proceeding or action for a determination of whether a local government's plan, element, or amendment is in compliance with this act." Part III contains similar provisions. See, e.g., § 163.356 ("[A]ny county or municipality may create a public body corporate and politic to be known as a `community redevelopment agency.'")....

...evenues to the redevelopment trust fund to pay outstanding indebtedness of the redevelopment agency. 5 Section 163.346 , Florida Statutes, provides: "Before the governing body adopts any resolution or enacts any ordinance required under s. 163.355 , s. 163.356 , s....

...Such a determination, however, would have to be made by a court of competent jurisdiction. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See , s. 163.330 , Fla. Stat., providing the title for the act. 2 Section 163.355 , Fla. Stat. 3 Section 163.356 (1), Fla. Stat. And see , s. 163.355 , Fla. Stat., setting forth the requirements for the finding of necessity. 4 Section 163.356 (2), Fla....

...public utilities, playgrounds, and other public improvements; to hold or dispose of property for redevelopment. 7 Section 163.387 , Florida Statutes, establishes a redevelopment trust fund for each community redevelopment agency created pursuant to section 163.356 , Florida Statutes, and provides for its annual funding....

...lution, that the area is blighted. Such agreement or resolution shall only determine that the area is blighted. For purposes of qualifying for the tax credits authorized in chapter 220, `blighted area' means an area as defined in this subsection." 4 Section 163.356 (1), Fla....

...163.357 , F.S. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See, s. 163.335 , F.S., setting forth the legislative findings and declarations of necessity. 2 See, s. 163.355 , F.S., setting forth the requirements for the finding of necessity. 3 Section 163.356 (1), F.S. 4 Id. 5 See, s. 163.356 (2), F.S....

"engaged in business" within the scope of section 163.356(3)(b), Florida Statutes, if the corporation

...We reverse and remand. I. Florida law permits the governing body of a county or municipality, after appropriate findings of necessity, to create a community redevelopment agency. Fla. Stat. Ann. § 163.356(1) (1997).1 The governing body and the redevelopment agency are not wholly separate....

...erning body) within the geographic boundaries of the redevelopment area. Id. § 163.387. Third, the entities may share personnel. The redevelopment agency is run either by an appointed board of commissioners or by the governing body itself. Id. §§ 163.356(2), 163.357(1)(a)....

...A. Lyes made inquiries as to why she was not offered the job. She claims that she was told by Smith and one of the CRA Commissioners that she was unqualified because of her sex. These people allegedly told her that discrimination is "the way of 163.356(1) (governing body must also find that there is a specific need for a redevelopment agency). 2 the world," that she would have to "get used to it," and that gender was a factor because the Executive Director would need to deal frequently with male developers....

...Lyes also points out that the City made an interest-free loan to the CRA, and we take notice of the Florida statutes permitting the City to provide further funds to the CRA. See Fla. Stat. Ann. § 163.358(3) (governing body may authorize issuance of revenue bonds for redevelopment activities); id. § 163.356(3)(d) (governing body may appropriate to redevelopment agency sufficient funds for operating expenses). The totality of the circumstances thus indicates that genuine questions of fact remain as to whether or not the CRA and th...

... Florida law establishes a presumption that the CRA and the City are separate and distinct bodies. As the district court noted, the State legislature created community redevelopment agencies as independent legal bodies. See Fla. Stat. Ann. § 163.356 et seq....

...Florida law establishes a presumption that the CRA and the City are separate and distinct bodies. As the district court noted, the State legislature created community redevelopment agencies as independent legal bodies. See Fla. Stat. Ann. § 163.356 et seq....

serves as the governing body of the agency.3 Section 163.356(3)(b), Florida Statutes, provides: "Any person

...The resolution stated that in addition to the testimony of staff and the expert and the finding of necessity report prepared by Real Estate Research Consultants, the Board relied on its own knowledge of the conditions in the redevelopment area. Pursuant to section 163.356, the Board created the Murdock Village Community Redevelopment Agency (the Agency) to carry out the redevelopment purposes of the Act, including exercising the power of eminent domain....

RAB/tjw 1 Section 163.335, Fla. Stat. (1995). 2 Section 163.356, Fla. Stat. (1995). 3 Section 163.387(2)(a)

community redevelopment area? In sum: 1. and 2. Section 163.356(3)(b), F.S., establishes residence requirements

...ct of 1969," provides a means for counties and municipalities to eliminate and prevent the development or spread of slums and urban blight, to encourage needed community rehabilitation, and to provide for redevelopment of slums and blighted areas. 1 Section 163.356 (1), Florida Statutes, provides that a county or municipality, upon finding a need for an agency to carry out the purposes set forth in the act, may create a body corporate and politic to be known as a "community redevelopment agency." 2 Section 163.387 , Florida Statutes, establishes a redevelopment trust fund for each community redevelopment agency created pursuant to section 163.356 , Florida Statutes, and provides for its annual funding....

...10 If the purpose to be achieved constitutes a valid public purpose, then the means to be applied to obtain such a purpose are largely within the discretion of the Legislature. 11 Section 163.387 , Florida Statutes, establishes a redevelopment trust fund for each community redevelopment agency created pursuant to section 163.356 , Florida Statutes, and provides for its annual funding....

...hereof, in accordance with a community redevelopment plan and may include the preparation of such a plan." See also s. 163.340 (10) and (11), Fla. Stat., respectively, defining "[c]ommunity redevelopment area" and "[c]ommunity redevelopment plan." 6 Section 163.356 , Fla....

...Citing to a previous opinion of this office that a municipal governing body lacks the authority to alter the composition of the CRA board of commissioners, it was concluded that the city commission may either designate itself as the CRA board or appoint the board pursuant to section 163.356 , Florida Statutes....

...cy board from holding another office on a city board or county board, regardless of which governing body created the agency. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 163.330 , Fla. Stat. 2 Section 163.355 (1), Fla. Stat. 3 Section 163.356 (1), Fla. Stat. And see, s. 163.355 , Fla. Stat., setting forth the requirements for the finding of necessity. 4 Section 163.356 (2), Fla....

...163 , F.S., may create a public body corporate and politic known as a "community redevelopment agency"; said agency to be constituted as a public instrumentality and the exercise of the powers conferred by Part III to be deemed to be the performance of an essential public function. Section 163.356 (1), F.S. Subsection (2) of s 163.356 , F.S., provides that when the governing body of a municipality has adopted a resolution declaring the need for a community redevelopment agency, that body shall by ordinance appoint a board of commissioners as the governing body of the community redevelopment agency; the board of commissioners shall consist of not fewer than five or more than seven commissioners. See also, s 163.356 (3)(b), F.S., providing in pertinent part that any persons may be appointed as commissioners of the agency provided that they reside or are engaged in business (defined as owning a business, practicing a profession or performing a service for...

...on of the community redevelopment agency which shall be coterminous with the area of operation of the municipality, and who are otherwise eligible for such appointment. As an alternative to the appointment of the board of commissioners provided in s 163.356 (2), s 163.357 (1), F.S., provides that the governing body may, at the time of the adoption of a resolution under s 163.355 or at any time thereafter, declare itself to be the community redevelopment agency, in which case all the rights, powers, duties, privileges and immunities vested by Part III, Ch....

...reof, in accordance with a community redevelopment plan and may include the preparation of such a plan." See also , ss. 163.340 (10) and (11), Fla. Stat., respectively defining "[c]ommunity redevelopment area" and "[c]ommunity redevelopment plan." 6 Section 163.356 , Fla....

and to encourage community redevelopment.1. Section 163.356, F.S., authorizes a municipality to create

"engaged in business" within the scope of section 163.356(3)(b), Florida Statutes, if the corporation

...may formulate for the county or municipality a workable program for utilizing appropriate private and public resources to ... encourage needed community rehabilitation, ...” Ibid at 163.350. The Act also provides for the creation of a community redevelopment agency, Ibid at § 163.356; and confers upon the counties, municipalities and community redevelopment agencies power necessary to carry out and effectuate the purposes of the Community Redevelopment Act....

...eded community redevelopment, and provide for the redevelopment of slums and blighted areas. 1 Upon making the requisite findings, a county or municipality may create a community redevelopment agency to carry out the purposes set forth in the act. 2 Section 163.356 (2), Florida Statutes, provides that the governing body of the county or municipality creating the community redevelopment agency shall appoint by ordinance a board of commissioners for the agency "which shall consist of not fewer tha...

...the authority to alter the composition of the board of commissioners from that prescribed by statute. 4 Accordingly, the city may either designate itself as the board of commissioners or it may appoint the board in accordance with the provisions of section 163.356 , Florida Statutes....

...pality would appear to be bound by such an election." Accordingly, either the entire governing body of the city must serve as the community redevelopment agency's board of commissioners, or it must appoint a board of commissioners in accordance with section 163.356 , Florida Statutes....

...n that created the redevelopment agency declares itself the governing body of the redevelopment agency in accordance with section 163.357 , Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See , s. 163.335 , Fla. Stat. 2 Section 163.356 , Fla....

...ion, conservation, or redevelopment of such areas is necessary for the public health, safety, morals, or welfare, any municipality `may create a public body corporate and politic to be known as a community redevelopment agency.' Sections 163.355 and 163.356 , F.S. Section 163.356 goes on to provide that `[e]ach such agency shall be constituted as a public instrumentality. . . .' The governing body of the municipality, by ordinance, appoints the board of commissioners of the community redevelopment agency and designates the chairman and vice-chairman from among the commissioners. Section 163.356 (2)(3), F.S....

...It seems clear that a community redevelopment agency created by the governing body of a municipality pursuant to the authority contained in Part III of Chapter 163 , F.S., is a public agency or instrumentality of the municipality. While as provided in s 163.356 (1) a community redevelopment agency is a public body corporate and politic, this governmental entity is a dependent agency of the municipality which is responsible for its creation, appointment of its board of commissioners, approval of rede...

...a community redevelopment agency to carry out the purposes set forth in the act. 2 The act prescribes with particularity the structural organization and powers of such agencies and the composition, number, and terms of office of the members thereof. Section 163.356 (2), Florida Statutes, provides that the governing body of the county or municipality creating the community redevelopment agency shall appoint by ordinance a board of commissioners for the agency "which shall consist of not fewer tha...

...o appointed members of a community redevelopment agency ." 6 (e.s.) In light of the above emphasized language, it appears clear that the two persons appointed to serve with the governing body are subject to removal by the city commission pursuant to section 163.356 (4), Florida Statutes, for inefficiency, neglect of duty or misconduct....

...ing the time of such meetings to accommodate all members of the commission. Part III, Chapter 163 , Florida Statutes, permits the city to either designate itself as the board of commissioners or appoint the board in accordance with the provisions of section 163.356 , Florida Statutes....

...gency in accordance with section 163.357 , Florida Statutes. Thus, either the entire governing body of the city must serve as the community redevelopment agency's board of commissioners, or it must appoint a board of commissioners in accordance with section 163.356 , Florida Statutes....

...cy while still retaining his or her seat on the city commission. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See , s. 163.335 , Fla. Stat., setting forth the legislative findings and declarations of necessity. 2 See , ss. 163.355 and 163.356 , Fla. Stat., providing for the finding of necessity by the county or municipality and the creation of the community redevelopment agency. 3 Section 163.356 (4), Fla....

2 See, s. 163.355(1), Fla. Stat. (1995). 3 Section 163.356(1), Fla. Stat. (1995). And see, s. 163.355

records exemption allowed for such an agency. Section 163.356(1), Florida Statutes, authorizes the creation

"engaged in business" as that term is defined in section 163.356(3)(b), Florida Statutes, if the not-for-profit

area" and "[c]ommunity redevelopment plan." 6 Section 163.356, Fla. Stat. 7 Section 163.370, Fla. Stat. 8

...If a county or municipality determines that redevelopment is necessary, it must adopt a resolution finding that blighted or slum areas exist and that redevelopment is necessary. § 163.355. Thereafter, it may create a community redevelopment agency. § 163.356....