163.355
Finding of necessity by county or municipality.
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163.355 Finding of necessity by county or municipality.—No county or municipality shall exercise the community redevelopment authority conferred by this part until after the governing body has adopted a resolution, supported by data and analysis, which makes a legislative finding that the conditions in the area meet the criteria described in s. 163.340(7) or (8). The resolution must state that:
(1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and
(2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality.
History.—s. 6, ch. 69-305; s. 4, ch. 84-356; s. 4, ch. 94-236; s. 3, ch. 2002-294.
Notes of Decisions
Cited in 5
cases, 1979–2006 · leading case: State v. Miami Beach Redevelopment Agency
State v. Miami Beach Redevelopment Agency (1980)
“Section 163.355 requires that, in order for a county or municipality to exercise the authority conferred by the act, its governing body must find and declare by resolution that: (1) one or more slums or blighted areas exist within its boundaries and (2) that rehabilitation,…”
Batmasian v. BOCA RATON COMMUNITY REDEV. AGENCY (1991)
“Pursuant to section 163.355, Florida Statutes (1979), a finding that a blighted area exists in a municipality is a prerequisite to the exercise of eminent domain powers under Chapter 163, part III.”
Katz v. Dade County (1979)
“” No specific statutory or code authority for the taking was cited either in the resolution or the petition. And, although the county may have been proceeding under the Community Development Act, §§ 163.”
Boca Raton Community Redevelopment Agency v. Batmasian (1990)
“Under Section 163.355, prior to any municipality exercising its power of eminent domain, the governing body of the municipality is required to adopt a resolution finding that a blighted area exists and that the redevelopment of that area is necessary in the interest of the…”
Fulmore v. Charlotte County (2006)
“Before doing so, the governing body must adopt a resolution supported by data and analysis that makes a legislative finding that slum or blight conditions exist and that redevelopment is necessary in the interest of the public health, safety, morals, or welfare of the residents…”
— 163.355(1) — 1 case
Batmasian v. BOCA RATON COMMUNITY REDEV. AGENCY (1991)
“Pursuant to section 163.355, Florida Statutes (1979), a finding that a blighted area exists in a municipality is a prerequisite to the exercise of eminent domain powers under Chapter 163, part III.”
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