Florida/Georgia Personal Injury & Workers Compensation

...ments, encouraging voluntary rehabilitation, and compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum and blighted areas or portions thereof. § 163.350, Fla. Stat. (1977). 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...

...Thus, we must review the Act to determine whether it vests the appellant with a property right in the agreements. 21 Generally, the Act provides a comprehensive system for counties and municipalities to redevelop blighted and slum areas where such redevelopment is necessary for the public interest. §§ 163.335, 163.355. To effectuate the Act's purposes, the legislature conferred powers to the county or municipality. §§ 163.335, 163.355. 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....

...ssent on each issue, except I concur in the result on the section 1983 claim and on the Due Process claim discussed in footnote 15. * Honorable Harlington Wood, Jr., Senior U.S. Circuit Judge for the Seventh Circuit, sitting by designation 1 See id. § 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....

...Tax or special assessment delinquency exceeding the fair value of the land; and (f) Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area. 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....

...liability imposing onerous burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests sound growth ... and that the prevention and elimination of slums and blight is a matter of state policy and state concern... . Section 163.355(1), Florida Statutes (1989). 2. 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 public health, safety, morals or welfare....

...e City Council's finding that blight existed in 1980 in downtown Boca Raton. The 1980 resolution of the City Council is, therefore, valid. ... . 9. Based upon the evidence produced at trial, the prerequisites for [a] finding of necessity pursuant to Section 163.355 exist....

...e increment revenues 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....

...tion 163.346 , Florida Statutes. 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....

...However, grants to entities which promote tourism and economic development, as well as to nonprofits providing socially beneficial programs would appear outside the scope of the community redevelopment act. Sincerely, Bill McCollum Attorney General BM/tals 1 See s. 163.358 , Fla. Stat. 2 Section 163.335 (1), Fla. Stat. 3 Section 163.355 , Fla....

...Stat. Ann. § 163.356(1) (1997).1 The governing body and the redevelopment agency are not wholly separate. First, the * Honorable Harlington Wood, Jr., Senior U.S. Circuit Judge for the Seventh Circuit, sitting by designation. 1 See id. § 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....

A. Butterworth Attorney General RAB/tjw 1 Section 163.355, Fla. Stat. 2 Section 163.356(1), Fla. Stat

...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 of the county or municipality. § 163.355....

Upon a finding of necessity as set forth in section 163.355, Florida Statutes, and a further finding of

...'s creation, although the council may request the local governing body that created the community development agency to exempt the council from payment pursuant to section 163.387 (2)(d), Florida Statutes. Sincerely, Charlie Crist Attorney General 1 Section 163.355 , Fla. Stat. 2 And see , s. 163.355 , Fla....

...ity's community redevelopment agency 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., providing the title for the act. 2 Section 163.355, Fla. Stat. 3 Section 163.356(1), Fla. Stat

(1977), no finding of necessity required by § 163.355, Fla.Stat. (1977) was attached to the petition

A. Butterworth Attorney General RAB/tjw 1 Section 163.355, Fla. Stat. 2 Section 163.356(1), Fla. Stat

...Thus, we must review the Act to determine whether it vests the appellant with a property right in the agreements. Generally, the Act provides a comprehensive system for counties and municipalities to redevelop blighted and slum areas where *728 such redevelopment is necessary for the public interest. §§ 163.335, 163.355. To effectuate the Act’s purposes, the legislature conferred powers to the county or municipality. §§ 163.335, 163.355. 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....