Florida/Georgia Personal Injury & Workers Compensation

...The Florida legislation that permits the members of a local governing body to declare themselves a community redevelopment agency, explicitly provides that "such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality." Fla. Stat. Ann. § 163.357 (b) (West 1990)....

...and effectuate the purposes and provisions of [the community redevelopment agency legislation]...." Fla. Stat. Ann. § 163.358 (West 1990 & Supp.1999). The five City Council members also serve as the Board of Commissioners of the CRA. But Fla. Stat. § 163.357 , which permits this arrangement, also states that "[t]he members of the governing body shall be the members of the agency, but such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality." Fla....

...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. § 163.357....

...within the geographic boundaries of the redevelopment area. Id. § 163.387. Third, the entities may share personnel. The redevelopment agency is run either by an appointed board of commissioners or by the governing body itself. Id. §§ 163.356(2), 163.357(1)(a)....

...In the latter case, although "[t]he members of the governing body shall be the members of the agency, ... such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality." Id. § 163.357(1)(b)....

...d because the entities have separate bank accounts, offices, and records, and because Florida law describes a redevelopment authority as "a legal entity, separate, distinct, and independent from the governing body of the county or municipality." Id. § 163.357(1)(b)....

...The Florida legislation that permits the members of a local governing body to declare themselves a community redevelopment agency, explicitly provides that “such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality.” Fla. Stat. Ann. § 163.357 (b) (West 1990)....

...Redevelopment Agency (CRA) is a legal entity which is separate and distinct from the City of Riviera Beach, and that the City accordingly cannot be liable for any constitutional deprivations or tortious conduct attributed to members of the CRA. See § 163.357(1), Fla....

...ndred and eighty-five platted lots within. Defendant, City of Sarasota Community Redevelopment Agency (Defendant CRA), is an entity that was created in accordance with the Community Redevelopment Act of 1969, Florida Statutes, Chapter 163, Part III. Section 163.357(1)(a) of the act authorizes the Sarasota City Commissioners to constitute the membership of the CRA....

...It argues that the Charter Amendment and Ballot Summary are misleading, because the City would have to condemn Spanish Court in order to own the property. The CRA was created by the City of Riviera Beach to pursue a community redevelopment plan with respect to blighted areas in the city. In accordance with section 163.357, the city council declared its own members to be the commissioners of the CRA, although the CRA is a separate legal entity....

...the other issues on appeal. Reversed. STEVENSON, C.J., GUNTHER and MAY, JJ., concur. . See § 163.330, Fla. Stal. As an alternative to appointing independent members to make up the CRA, the “governing body” may declare itself to be the CRA. See § 163.357, Fla....

...is not authorized to resign from the board of commissioners of a community redevelopment agency established pursuant to Part III, Ch. 163 , F.S., where the governing body of a municipality has designated itself as the head of the agency pursuant to s. 163.357 , F.S....

...Accordingly, I am of the opinion that a member of the governing body of a municipality is not authorized to resign from serving as head of the community redevelopment agency established pursuant to Part III, Ch. 163 , F.S., where the governing body of a municipality has designated itself as the head of the agency pursuant to s. 163.357 , F.S....

...Butterworth Attorney General RAB/tjw 1 See, s. 163.335 , F.S., setting forth the legislative findings and declarations of necessity. 2 See, s. 163.355 , F.S., setting forth the requirements for the finding of necessity. 3 Section 163.356 (1), F.S. 4 Id. 5 See, s. 163.356 (2), F.S. 6 Section 163.357 (1), F.S. 7 Id. See also, s. 163.357 (1)(c), F.S., authorizing a governing body which consists of five members to appoint two additional persons to act as members of the agency and setting forth the terms of such appointed members. 8 See, s. 163.357 (1)(b), F.S., providing that in such cases, the members of the governing body shall be the agency but such members shall constitute the head of a legal entity, separate, distinct, and independent of the governing body of the municipality....

...thin the geographic boundaries of the redevelopment area. Id. § 163.387. Third, the entities may share personnel. The redevelopment agency is run either by an appointed board of commissioners or by the governing body itself. Id. §§ 163.356(2), 163.357(1)(a)....

...In the latter case, although "[t]he members of the governing body shall be the members of the agency, ... such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality." Id. § 163.357(1)(b). In Riviera Beach, the CRA receives approximately two-thirds of its funds from the City....

...because the entities have separate bank accounts, offices, and records, and because Florida law describes a redevelopment authority as "a legal entity, separate, distinct, and independent from the governing body of the county or municipality." Id. § 163.357(1)(b)....

...The Florida legislation that permits the members of a local governing body to declare themselves a community redevelopment agency, explicitly provides that “such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality.” Fla. Stat. Ann. § 163.357(b) (West 1990)....

...convenient to carry out and effectuate the purposes and provisions of [the community redevelopment agency legislation] . . . .” Fla. Stat. Ann. § 163.358 (West 1990 & Supp. 1999). The five City Council members also serve as the Board of Commissioners of the CRA. But Fla. Stat. § 163.357, which permits this arrangement, also states that “[t]he members of the governing body shall be the members of the agency, but such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality.” Fla....

...The Florida legislation that permits the members of a local governing body to declare themselves a community redevelopment agency, explicitly provides that "such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality." Fla. Stat. Ann. § 163.357(b) (West 1990)....

...convenient to carry out and effectuate the purposes and provisions of [the community redevelopment agency legislation]...." Fla. Stat. Ann. § 163.358 (West 1990 & Supp.1999). The five City Council members also serve as the Board of Commissioners of the CRA. But Fla. Stat. § 163.357, which permits this arrangement, also states that "[t]he members of the governing body shall be the members of the agency, but such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality." Fla....

council would like to utilize the provisions of section 163.357(1)(c), Florida Statutes, which states: "A governing

...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. The Board declared itself to be the governing body of the Redevelopment Agency, as it was authorized to do under section 163.357....

...The parties stipulated that Charlotte County is the only taxing authority subject to section 163.387(2), and it and the Murdock Village Redevelopment Agency, which is the Charlotte County Board of County Commissioners, entered into the required interlocal agreement. Section 163.357 allows the Board to be the Agency....

...nity redevelopment agency which shall be coterminous with the area of operation of the municipality, and who are otherwise eligible for such appointment. As an alternative to the appointment of the board of commissioners provided in s 163.356 (2), s 163.357 (1), F.S., provides that the governing body may, at the time of the adoption of a resolution under s 163.355 or at any time thereafter, declare itself to be the community redevelopment agency, in which case all the rights, powers, duties, privileges and immunities vested by Part III, Ch. 163 , F.S., in such agency shall be vested in the governing body of the municipality, subject to all responsibilities and liabilities imposed or incurred. [Section 163.357 (1), F.S., was amended by s 5, Ch....

...dy of the municipality declares itself to be an agency which is already in existence, the new agency shall be subject to all of the responsibilities and liabilities imposed or incurred by the existing agency. Section 5 of Ch. 84-356 further amends s 163.357 (1) to provide that the members of the governing body of the municipality shall be the members of the agency but shall constitute the head of a legal entity, separate, distinct and independent from the governing body of the municipality.] Section 163.357 (1), F.S., states that if the municipal governing body declaring itself to be the community redevelopment agency consists of five members, it may appoint two additional persons to act as members of the agency. You inquire as to whether the City Commission of the City of Winter Haven, if it declares itself to be the community redevelopment agency pursuant to s 163.357 (1), may alter the composition of the board of commissioners of the agency by changing the ratio or number of city commissioners and citizens sitting on the board from that prescribed in s 163.357 (1)....

in the governing body of the municipality5 Section 163.357(1)(b), F.S., provides: The members of

...Smallwood: You ask substantially the following question: Does section 163.367 (3), Florida Statutes, prohibit a city commissioner from holding office as a commissioner of a redevelopment agency and, if so, do the provisions of that statute conflict with section 163.357 , Florida Statutes? In sum: A city commissioner may not also serve as a commissioner of a redevelopment agency unless the entire city commission that created the redevelopment agency declares itself to be the governing body of the redevelopment agency in accordance with section 163.357 , Florida Statutes....

...y redevelopment agency shall appoint by ordinance a board of commissioners for the agency "which shall consist of not fewer than five or more than seven commissioners." As an alternative to the appointment of the members of the redevelopment agency, section 163.357 , Florida Statutes, authorizes the governing body of a county or municipality to designate itself to be a community redevelopment agency....

...4 Accordingly, the city may either designate itself as the board of commissioners or it may appoint the board in accordance with the provisions of section 163.356 , Florida Statutes. If the city's governing body designates itself as the board of commissioners, it is bound by the provisions of section 163.357 , Florida Statutes, and the entire governing body must serve as the board. Thus, for example, this office concluded in Attorney General Opinion 89-60 that a member of the city council that had designated itself as the community redevelopment agency pursuant to section 163.357 , Florida Statutes, could not resign as a community redevelopment agency commissioner and still retain his position on the city council....

...election." Accordingly, either the entire governing body of the city must serve as the community redevelopment agency's board of commissioners, or it must appoint a board of commissioners in accordance with section 163.356 , Florida Statutes. While section 163.357 (1)(c), Florida Statutes, permits a city's governing body to appoint two additional members when the governing body consists of only five members, it does not provide for or otherwise authorize the board to appoint individuals to replace members of the governing body on the board of commissioners....

...exercising powers pursuant to this part shall hold any other public office under the county or municipality other than his or her commissionship or office with respect to such community redevelopment agency, board, or commission." The provisions of section 163.357 , Florida Statutes, expressly authorizing the governing board of the city or county creating the community redevelopment agency to sit as that agency's board of commissioners would appear to operate as an exception to the general prohibition contained in section 163.367 (3), Florida Statutes....

...While you have advised that the city designated itself as the board of commissioners at the time of the community redevelopment agency's creation, you state that the current board of commissioners consists of six citizens and one city commissioner. Thus, the city is no longer operating under section 163.357 , Florida Statutes, and the exception afforded by that section to the general prohibition of section 163.367 (3), Florida Statutes, is no longer applicable....

...8 Where additional or ex officio duties are assigned to a particular office by the legislative body and there is no inconsistency between the new and the preexisting duties, the dual officeholding prohibition does not preclude such an assignment. 9 Accordingly, the legislative authorization in section 163.357 , Florida Statutes, for the governing body of a city or county to designate itself as the community redevelopment agency would appear to be an ex officio designation and thus not violative of the dual officeholding prohibition contained in Article II , section 5 (a), Florida Constitution....

...Therefore, I am of the opinion that a city commissioner may not also serve as a commissioner of a redevelopment agency unless the entire city commission that created the redevelopment agency declares itself the governing body of the redevelopment agency in accordance with section 163.357 , Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See , s. 163.335 , Fla. Stat. 2 Section 163.356 , Fla. Stat. 3 See , s. 163.357 (1)(c), Fla....

...d overhead of the agency.' Id . (3)(d). Further, the governing body of the municipality is given the power to `remove a commissioner for inefficiency, neglect of duty, or misconduct in office' after notice and a hearing has been conducted. Id . (4). Section 163.357 , F.S., allows the governing body of a municipality, as an alternative to appointing a board of commissioners for an agency to declare itself to be the community redevelopment agency and to exercise all the powers, duties and immunities vested by Part III of Ch....

...5 According to your letter, the Pompano Beach City Commission has exercised that option and designated itself to be the community redevelopment agency. Since the city commission consists of only five members, the city commission has appointed two additional persons pursuant to section 163.357 , Florida Statutes, which provides: "A governing body which consists of five members may appoint two additional persons to act as members of the community redevelopment agency....

...he individual members of the governing body of the municipality would appear to be bound by such an election." 8 Thus, this office concluded that a member of a city council that had designated itself as the community redevelopment agency pursuant to section 163.357 , Florida Statutes, could not resign as a community redevelopment agency commissioner and still retain his or her position on the city council....

...Similarly, in Attorney General Opinion 97-04, this office concluded that a city commissioner may not also serve as a commissioner of a redevelopment agency unless the entire city commission that created the redevelopment agency declares itself to be the governing body of the redevelopment agency in accordance with section 163.357 , Florida Statutes. Thus, either the entire governing body of the city must serve as the community redevelopment agency's board of commissioners, or it must appoint a board of commissioners in accordance with section 163.356 , Florida Statutes. While section 163.357 (1)(c), Florida Statutes, permits a city's governing body to appoint two additional members when the governing body consists of only five members, it does not provide for, or otherwise authorize, the board to appoint individuals to replace members of the governing body on the board of commissioners....

...Stat., setting forth the legislative findings and declarations of necessity. 2 See , ss. 163.355 and 163.356 , Fla. Stat., providing for the finding of necessity by the county or municipality and the creation of the community redevelopment agency. 3 Section 163.356 (4), Fla. Stat. 4 Section 163.357 (1)(a), Fla. Stat. 5 See , s. 163.357 (1)(b), Fla....

...rom the governing body of the county or municipality. If the governing body declares itself to be an agency which already exists, the new agency is subject to all of the responsibilities and liabilities imposed or incurred by the existing agency." 6 Section 163.357 (1)(c), Fla....