Florida Statutes

Fla. Stat. § 163.356 (2025)

Creation of community redevelopment agency.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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163.356 Creation of community redevelopment agency.—

(1) Upon a finding of necessity as set forth in s. 163.355, and upon a further finding that there is a need for a community redevelopment agency to function in the county or municipality to carry out the community redevelopment purposes of this part, any county or municipality may create a public body corporate and politic to be known as a “community redevelopment agency.” A charter county having a population less than or equal to 1.6 million may create, by a vote of at least a majority plus one of the entire governing body of the charter county, more than one community redevelopment agency. Each such agency shall be constituted as a public instrumentality, and the exercise by a community redevelopment agency of the powers conferred by this part shall be deemed and held to be the performance of an essential public function. Community redevelopment agencies of a county have the power to function within the corporate limits of a municipality only as, if, and when the governing body of the municipality has by resolution concurred in the community redevelopment plan or plans proposed by the governing body of the county.

(2) When the governing body adopts a resolution declaring the need for a community redevelopment agency, that body shall, by ordinance, appoint a board of commissioners of the community redevelopment agency, which shall consist of not fewer than five or more than nine commissioners. The terms of office of the commissioners shall be for 4 years, except that three of the members first appointed shall be designated to serve terms of 1, 2, and 3 years, respectively, from the date of their appointments, and all other members shall be designated to serve for terms of 4 years from the date of their appointments. A vacancy occurring during a term shall be filled for the unexpired term. As provided in an interlocal agreement between the governing body that created the agency and one or more taxing authorities, one or more members of the board of commissioners of the agency may be representatives of a taxing authority, including members of that taxing authority’s governing body, whose membership on the board of commissioners of the agency would be considered an additional duty of office as a member of the taxing authority governing body.

(3)(a) A commissioner shall receive no compensation for services, but is entitled to the necessary expenses, including travel expenses, incurred in the discharge of duties. Each commissioner shall hold office until his or her successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the county or municipality, and such certificate is conclusive evidence of the due and proper appointment of such commissioner.

(b) The powers of a community redevelopment agency shall be exercised by the commissioners thereof. A majority of the commissioners constitutes a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws require a larger number. Any person may be appointed as commissioner if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the area of operation of the agency, which shall be coterminous with the area of operation of the county or municipality, and is otherwise eligible for such appointment under this part.

(c) The governing body of the county or municipality shall designate a chair and vice chair from among the commissioners. An agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it requires, and determine their qualifications, duties, and compensation. For such legal service as it requires, an agency may employ or retain its own counsel and legal staff.

(d) An agency authorized to transact business and exercise powers under this part shall file with the governing body the report required pursuant to s. 163.371(2).

(e) At any time after the creation of a community redevelopment agency, the governing body of the county or municipality may appropriate to the agency such amounts as the governing body deems necessary for the administrative expenses and overhead of the agency, including the development and implementation of community policing innovations.

(4) The governing body may remove a commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if he or she has been given a copy of the charges at least 10 days prior to such hearing and has had an opportunity to be heard in person or by counsel.

History.—s. 2, ch. 77-391; s. 1, ch. 83-231; s. 6, ch. 84-356; s. 903, ch. 95-147; s. 4, ch. 98-314; s. 41, ch. 2001-266; s. 4, ch. 2002-294; s. 2, ch. 2006-307; s. 2, ch. 2019-163; s. 28, ch. 2020-2.

Notes of Decisions

Cited in 11 cases, 1980–2008 · leading case: City of Parker v. State, 992 So. 2d 171 (Fla. 2008).

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City of Parker v. State, 992 So. 2d 171 (Fla. 2008). · cites it 2× “Specifically, section 163.356(1), Florida Statutes (2006), provides in part: Upon a finding of necessity .”

State v. Miami Beach Redevelopment Agency, 392 So. 2d 875 (Fla. 1980). “" 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.”

Striton Props., Inc. v. City of Jacksonville Beach, 533 So. 2d 1174 (Fla. 1st DCA 1988). · cites it 2× “§ 163.356(1), Fla. Stat. (1977). Such an agency is vested with the "powers necessary or convenient to carry out and effectuate the purposes and provisions" of the Act; however, certain powers are specifically reserved to the governing body of the county or municipality,…”

Citizens for Resp. Growth v. St. Pete Beach, 940 So. 2d 1144 (Fla. 2d DCA 2006). “, § 163.356 ("[A]ny county or municipality may create a public body corporate and politic to be known as a `community redevelopment agency.”

Lyes v. City of Riviera Beach, 166 F.3d 1332 (11th Cir. 1999). “As the district court noted, the State legislature created community redevelopment agencies as independent legal bodies, iSee Fla. Stat. Ann. § 163.356 et seq. (West 1990 & Supp.”

Circa Ltd. v. City of Miami, 79 F.3d 1057 (11th Cir. 1996). “Fla. Stat. §§ 163.356 , 163.357. The agency has the power to carry out the purposes of the CRA, but the local government itself retains the ultimate authority for approving and modifying the redevelopment plan.”

Lyes v. City of Riviera Beach, FL, 126 F.3d 1380 (11th Cir. 1997). · cites it 2× “Fla. Stat. Ann. § 163.356 (1) (1997).1 The governing body and the redevelopment agency are not wholly separate.”

Fulmore v. Charlotte Cnty., 928 So. 2d 1281 (Fla. 2d DCA 2006). “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.”

Lyes v. City of Riviera Beach, FL (11th Cir. 1997). “See Fla. Stat. Ann. § 163.356 et seq. (West 1990 & Supp.”

Price v. City of Fort Pierce, 625 F. Supp. 979 (S.D. Fla. 1986). “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.”

— 163.356(1) — 2 cases

City of Parker v. State, 992 So. 2d 171 (Fla. 2008). “Specifically, section 163.356(1), Florida Statutes (2006), provides in part: Upon a finding of necessity .”

Striton Props., Inc. v. City of Jacksonville Beach, 533 So. 2d 1174 (Fla. 1st DCA 1988). “§ 163.356(1), Fla. Stat. (1977). Such an agency is vested with the "powers necessary or convenient to carry out and effectuate the purposes and provisions" of the Act; however, certain powers are specifically reserved to the governing body of the county or municipality,…”

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