Florida Statute 421.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 421
PUBLIC HOUSING

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421.04 Creation of housing authorities.—

(1) In each city, as herein defined, there is hereby created a public body corporate and politic to be known as the “Housing Authority” of the city; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city by proper resolution shall declare that there is need for an authority to function in such city. The determination as to whether there is such need for an authority to function:

(a) May be made by the governing body on its own motion; or

(b) Shall be made by the governing body upon the filing of a petition signed by 25 residents of the city asserting that there is need for an authority to function in such city and requesting that the governing body so declare.

(2) The governing body may adopt a resolution declaring that there is need for a housing authority in the city if it shall find that:

(a) Insanitary or unsafe inhabited dwelling accommodations exist in such city; or

(b) There is a shortage of safe or sanitary dwelling accommodations in such city available to persons of low income at rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.

(3) In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms, no further detail being necessary, that either or both of the above enumerated conditions exist in the city. A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding.

(4) Regardless of the date of its creation, a housing authority may not apply to the Federal Government to seize any projects, units, or vouchers of another established housing authority, irrespective of each housing authority’s areas of operation.

History.—s. 4, ch. 17981, 1937; CGL 1940 Supp. 7100(3-d); s. 13, ch. 2016-210.

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Amendments to 421.04

Annotations, Discussions, Cases:

Cases Citing Statute 421.04

Total Results: 12 | Sort by: Relevance | Newest First

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Jackson v. Okaloosa Cnty., 21 F.3d 1531 (11th Cir. 1994).

Cited 17 times | Published | Court of Appeals for the Eleventh Circuit

...ighborhood. Thése two plaintiffs filed a class action against the defendants on behalf of themselves and all others similarly situated. The class has not yet been certified under Fed.R.Civ.P. § 23(c). The Authority was established under Fla. Stat. § 421.04 to provide public low-income housing and housing assistance....

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Hous. Auth. v. City of St. Petersburg, 287 So. 2d 307 (Fla. 1973).

Cited 4 times | Published | Supreme Court of Florida | 1973 Fla. LEXIS 4067

...[3] Chapter 20220, Laws of Florida, 1941. [4] City of St. Peterburg Res. 155/33 (1937). [5] Now Section 421.53, Florida Statutes, 1971, F.S.A.: "Housing authority, Pinellas County; limitation. Any housing authority created within Pinellas County by § 421.04 shall construct or contract to construct any housing project only upon the approval by a majority of the freeholders voting in a referendum election to be held in the area for which the housing authority is created. Such election shall be called by the governing body of such area." [6] Now Section 421.53, Florida Statutes, 1971, F.S.A. (1972 Supp.): "Housing authority, Pinellas County; limitation. Any housing authority created within Pinellas County by § 421.04 shall construct or contract to construct any housing project only upon the approval by a majority of the electors voting in a referendum election to be held in the area for which the housing authority is created....

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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

Your question is answered in the affirmative. Section 421.04(1), F. S., creates in each city a `public body

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Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

Attorney General (gh) 1 Section 421.02, F.S. 2 Section 421.04, F.S. 3 Section 421.05, F.S., as amended by

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Ago (Fla. Att'y Gen. 1976).

Published | Florida Attorney General Reports

QUESTIONS: 1. Do meetings held by the appointed boards of commissioners of municipal housing authorities created by s. 421.04 , F....

...visions are discussed, come within the purview of the Sunshine Law, s. 286.011 , F. S.? SUMMARY: The Sunshine Law, s. 286.011 , F. S., is applicable to meetings held by the appointed board of commissioners of municipal housing authorities created by s. 421.04 , F....

..." provisions are discussed. AS TO QUESTION 1: Your first question is answered in the affirmative. Based upon the information received in this office, the Housing Authority of the City of Sanford was created by, and is operating under, Ch. 421, F. S. Section 421.04 (1), F....

...S., creates in each city (as defined in s. 421.03 [2], F. S.) "a public body corporate and politic to be known as the `Housing Authority' of the city." (Emphasis supplied.) As defined in s. 421.03 (1), F. S., "housing authority" means a public corporation created by s. 421.04 , F....

...A housing authority created pursuant to Ch. 421, F. S., to exercise and perform "public and essential governmental functions" set forth therein (see s. 421.08 ) becomes operative when the governing body of the city by resolution duly declares a need for a housing authority in such city. Section 421.04 ....

...to the Honorable Glen Darty, State Attorney, March 4, 1972; and "executive sessions" held to discuss personnel matters, Inf. Op. to Ms. Margaret Bosarge, December 22, 1972, are all subject to the commands of the Sunshine Law. Accordingly, executive work sessions of a municipal housing authority created by s. 421.04 , F....

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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

...ing as instrumentalities or agencies of the state, counties, or municipalities . (Emphasis supplied.) It seems clear that a municipal housing authority created and operating under Ch. 421, F. S., is within the purview of the above-quoted definition. Section 421.04 (1), F....

...(Emphasis supplied.) A housing authority created pursuant to Ch. 421 to perform `the public and essential governmental functions' set forth therein becomes operative when the governing body of the city declares a need for the housing authority to function (s. 421.04 ), and the mayor, with the approval of the governing body of the city, appoints the housing authority commissioners (s....

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Ago (Fla. Att'y Gen. 2002).

Published | Florida Attorney General Reports

authority. 2 Section 421.27(3), Fla. Stat. 3 Section 421.04(1), Fla. Stat., provides that a city housing

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Hous. Auth. of Daytona Beach v. Gomillion, 639 So. 2d 117 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 6175, 1994 WL 277896

...d by Congress or the State Legislature. On the basis of the foregoing authority the Court finds that the Housing Authority is not an agency for purposes of the Federal Privacy Act. The Housing Authority is a public body created by state statute. See § 421.04 Fla.Stat....

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Ago (Fla. Att'y Gen. 1997).

Published | Florida Attorney General Reports

...An employment does not authorize the exercise in one's own right of any sovereign power or any prescribed independent authority of a governmental nature; and this constitutes, perhaps, the most decisive difference between an employment and an office. . . ." 2 Section 421.04 , Florida Statutes, provides for the creation in each city of a public body corporate and politic to be known as the "Housing Authority" of the city, provided that the authority shall not transact any business or exercise its powers un...

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Ago (Fla. Att'y Gen. 1977).

Published | Florida Attorney General Reports

would probably be invalid and unenforceable. Section 421.04(1), F. S., authorizes the creation of housing

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Ago (Fla. Att'y Gen. 2010).

Published | Florida Attorney General Reports

s. 421.04(1), Fla. Stat. 2 Section 421.04(1), Fla. Stat. 3 Section 421.04(2), Fla. Stat. 4 Section 421

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Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

Attorney General Opinion 073-96. AS TO QUESTION 1: Section 421.04, F.S., creates in each city or town having

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