Florida/Georgia Personal Injury & Workers Compensation

to actions taken on behalf of HCFA,” 42 C.F.R. § 421.5(b) (1997), and the federal courts have extended

1395u; 42 C.F.R. Part 421, Subparts A and C; id. § 421.5(b). Carriers like First Coast are private entities

...§ 982.555(e)(4)(i), which provides that "[t]he hearing may be conducted by any person ... designated by the PHA, other than a person who made or approved the decision under review or a subordinate of this person." Plaintiff argues that as Chair of the Housing Authority Board, Baskin had statutory authority under Fla. Stat. § 421.05 to supervise every aspect of the Housing Authority and that this authority, in itself, renders her, in every case, a person who "approved ......

recognizes as much: Part C has no analogue to 42 C.F.R. § 421.5(b) permitting MAOs to 'act on [its] behalf.' Cf

rendered against it. See id.; see also 42 C.F.R. § 421.5(b) (“[MACs] act on behalf of CMS- Accordingly,

6 Section 2, Ch. 89-497, Laws of Florida. 7 Section 421.05(2), Fla. Stat. (1995). 8 See, Official List

its housing authority in 1950.1 At that time, section 421.05, Florida Statutes (1957), provided that when

Section 421.02, F.S. 2 Section 421.04, F.S. 3 Section 421.05, F.S., as amended by s. 1, Ch. 89-33, Laws

...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 . The mayor, with the approval of the governing body of the city, appoints the commissioners of the housing authority "created for said city." (Emphasis supplied.) Section 421.05 ....

amendments? In sum, I am of the following opinion: Section 421.05(1), F.S., as amended by Chs. 84-250 and 89-33

to actions taken on behalf of HCFA,” 42 C.F.R. § 421.5(b) (1997), and the federal courts have extended

...or more than seven persons as commissioners of the housing authority. 3 A review of Chapter 421 , Florida Statutes, clearly indicates that the Legislature considers the position of commissioner of a municipal housing authority to be a public office. Section 421.05 , Florida Statutes, which addresses the appointment, qualifications and tenure of the housing authority commissioners, refers to the commissioners appointed for "a term of office." 4 In addition, each commissioner "shall hold office until his successor has been appointed and qualified." Section 421.05 (2), Florida Statutes, provides that the powers of each housing authority "shall be vested in the commissioners thereof in office from time to time." As the governing body of the housing authority, the commissioners are authorized to c...

...approval of three members of the cabinet, grant full or conditional pardons, restore civil rights . . . ." (e.s.) 2 State ex rel. Holloway v. Sheats , 83 So. 508 , 509 (Fla. 1919). And see, State ex rel. Clyatt v. Hocker , 22 So. 721 (Fla. 1897). 3 Section 421.05 (1), Fla....

...Gilman: This is in response to your request for an opinion on substantially the following questions: 1. MAY THE NUMBER OF COMMISSIONERS OF THE CITY OF MIAMI BEACH HOUSING AUTHORITY'S GOVERNING BOARD BE EXPANDED FROM FIVE TO SEVEN MEMBERS PURSUANT TO s 421.05 (1), F.S.? 2. MAY THE "DATE OF APPOINTMENT" OR DETERMINATION OF THE RESPECTIVE CYCLES OF OFFICE OF THE COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH BE CHANGED PURSUANT TO s 421.05 , F.S., AND, IF SO, WHO IS AUTHORIZED TO MAKE SUCH CHANGE? Based on the information supplied with your opinion request I must assume for purposes of this discussion that the Housing Authority of the City of Miami Beach was created prior to October 1, 1980. Your letter states that the Miami Beach Housing Authority Commission is currently composed of five members whose "date of . . . appointment" is October 11. QUESTION ONE Section 421.05 , F.S., establishes procedures to be followed for the appointment of members of the commission of a city housing authority....

...at there is a need for a housing authority in the city), the mayor, with the approval of the governing body, shall promptly appoint no fewer than five persons as commissioners of the authority created for said city." (e.s.) Prior to its amendment, s 421.05 (1), F.S. 1979, provided that "[w]hen the governing body of a city adopts a resolution as aforesaid, the mayor with the approval of the governing body shall promptly appoint five persons as commissioners of the authority created for said city." (e.s.) Section 421.05 (1), F.S....

...ority commissions created prior to the effective date of this act, October 1, 1980, are not affected by the amendments made therein providing for an increase in the number of appointed commissioners to such a body. QUESTION TWO As discussed above, s 421.05 (1), F.S., sets forth procedures for the appointment of members of the commission of a city housing authority....

...ial terms of office "when the governing body of the city adopts a resolution" (e.s.) declaring a need for such an authority. Stating that the remaining commissioners of the authority shall serve prescribed terms from the date of their appointment, s 421.05 (1), F.S., impliedly provides that the cycle of office of all the commissioners is governed by the date or dates of their initial appointment....

...ousing Authority of the City of Miami Beach may not be altered or changed from that originally established, which apparently is October 11. Therefore, it is my opinion, until judicially or legislatively determined otherwise, that the provisions of s 421.05 (1), F.S., as amended by Ch....

not as officers of this governmental body. Section 421.05(1). Thus, having designated who will comprise

of the notice of termination prescribed in section 421.05(1), Florida Statutes, or whether termination

interrelated they will be answered together. Section 421.05, F.S., sets forth the procedures to be followed

of Commissioners of the authority? SUMMARY: Section 421.05(1), F.S., prohibits the Monroe County Housing