Florida Statute 163.356 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

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F.S. 163.356

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.

F.S. 163.356 on Google Scholar

F.S. 163.356 on CourtListener

Amendments to 163.356

Annotations, Discussions, Cases:

Cases Citing Statute 163.356

Total Results: 35

79 Fair empl.prac.cas. (Bna) 330, 74 Empl. Prac. Dec. P 45,728, 75 Empl. Prac. Dec. P 45,728 Shari L. Lyes v. City of Riviera Beach, Florida, Cinthia Becton

166 F.3d 1332

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 1999 | Docket: 711366

Cited 98 times | Published

independent legal bodies. See Fla. Stat. Ann. § 163.356 et seq. (West 1990 & Supp.1999). With the exception

State v. Miami Beach Redevelopment Agency

392 So. 2d 875

Supreme Court of Florida | Filed: Dec 11, 1980 | Docket: 1678416

Cited 46 times | Published

separately constituted if necessary under section 163.356, or it may constitute itself as the community

Key West Harbour Development Corporation v. City Of Key West

987 F.2d 723, 1993 U.S. App. LEXIS 6751

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 1993 | Docket: 614236

Cited 31 times | Published

may create a community redevelopment agency. § 163.356. The redevelopment agency then has the "powers

75 Fair empl.prac.cas. (Bna) 758, 11 Fla. L. Weekly Fed. C 686 Shari L. Lyes v. City of Riviera Beach, Florida, Cinthia Becton, Marge Confrey, Bruce Guyton, Bertha Orange, Barbara Rodriguez, Individually and in Their Official Capacities as Members of the Riviera Beach City Council, City of Riviera Beach, Florida, Neil Crilly, Individually and in His Official Capacity as Executive Director of the City of Riviera Beach Community Redevelopment Agency, City of Riviera Beach Community Redevelopment Agency

126 F.3d 1380

Court of Appeals for the Eleventh Circuit | Filed: Nov 5, 1997 | Docket: 2036989

Cited 24 times | Published

community redevelopment agency. Fla. Stat. Ann. § 163.356(1) (1997).1 The governing body and the redevelopment

City of Parker v. State

992 So. 2d 171, 2008 WL 4240235

Supreme Court of Florida | Filed: Sep 18, 2008 | Docket: 1723366

Cited 15 times | Published

Parker levy ad valorem taxes. Specifically, section 163.356(1), Florida Statutes (2006), provides in part:

Lyes v. City of Riviera Beach

166 F.3d 1332, 1999 U.S. App. LEXIS 2333, 74 Empl. Prac. Dec. (CCH) 45,728, 79 Fair Empl. Prac. Cas. (BNA) 330

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 1999 | Docket: 64065083

Cited 9 times | Published

independent legal bodies, iSee Fla. Stat. Ann. § 163.356 et seq. (West 1990 & Supp.1999). With the exception

Striton Properties, Inc. v. City of Jacksonville Beach

533 So. 2d 1174, 1988 WL 92998

District Court of Appeal of Florida | Filed: Sep 9, 1988 | Docket: 369231

Cited 7 times | Published

agency to carry out the purposes of the Act. § 163.356(1), Fla. Stat. (1977). Such an agency is vested

Citizens for Resp. Growth v. St. Pete Beach

940 So. 2d 1144, 2006 WL 2381941

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 1524210

Cited 4 times | Published

Part III contains similar provisions. See, e.g., § 163.356 ("[A]ny county or municipality may create a public