CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 2333, 74 Empl. Prac. Dec. (CCH) 45, 728, 79 Fair Empl. Prac. Cas. (BNA) 330
...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. §
163.367 , 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....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
Mr. Bruce R. Conroy Cape Coral City Attorney Post Office Box 150027 Cape Coral, Florida 33915-0027 Dear Mr. Conroy: You ask substantially the following question: Does section 163.367 (3), Florida Statutes, prohibit a member of a community redevelopment agency from holding another office within the city, county, or both? In sum: Section 163.367 (3), Florida Statutes, prohibits a member of a community redevelopment agency from holding another office with any city or county, regardless of which governing body created the agency....
...both the Lee County Construction Board of Adjustment and Appeals and the City of Cape Coral Water Resources Advisory Board (CCWRAB). The question arises whether the commissioner's service on the other city board and the county board is prohibited by section 163.367 (3), Florida Statutes....
...lity must first adopt a resolution declaring the need for a community redevelopment agency, then by ordinance appoint a board of commissioners as the governing body. The board shall consist of not fewer than five nor more than seven commissioners. 4 Section 163.367 (3), Florida Statutes, provides: "No commissioner or other officer of any community redevelopment agency, board, or commission exercising powers pursuant to this part shall hold any other public office under the county or municipality...
...commissioners, it was concluded that the city commission may either designate itself as the CRA board or appoint the board pursuant to section
163.356 , Florida Statutes. 7 Absent the commission designating itself and in light of the prohibition in section
163.367 (3), Florida Statutes, against a CRA commissioner serving in another public office, the city commissioner could not simultaneously serve on the CRA. While Attorney General Opinion 97-4 states that section
163.367 (3), Florida Statutes, "precludes a community redevelopment agency commissioner from holding another office under the county or municipality which created the agency," the issue considered in that opinion was whether a commissioner could also serve in an office within the city creating the CRA....
...The opinion did not consider and should not be read as commenting on the issue presented here. The question of whether a CRA commissioner may work as a county employee was addressed in Attorney General Opinion 96-11. Recognizing a distinction between a public office and public employment, this office concluded that section 163.367 (3), Florida Statutes, does not preclude a CRA commissioner from being employed by a county or municipality....
...as "any officer who is in charge of any department or branch of the government of the county or municipality relating to health, fire, building regulations, or other activities concerning dwellings in the county or municipality." The prohibition in section 163.367 (3), Florida Statutes, however, is broader in precluding a CRA commissioner from holding "any other public office under the county or municipality." In the context of dual officeholding prohibited under Article II , section 5 , Florid...
...ts for licensure and to assess the quality of workmanship when a complaint has been filed against a licensee, it is my opinion that a member of CCWRAB is not an employee, but rather is a public officer of the city. Accordingly, it is my opinion that section 163.367 (3), Florida Statutes, would prohibit a member of the city's community redevelopment agency board from holding another office on a city board or county board, regardless of which governing body created the agency....
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
Mr. Donald T. Smallwood Kissimmee City Attorney 101 North Church Street Kissimmee, Florida 34741 Dear Mr. 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 commiss...
...ppoint 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. You refer to section 163.367 (3), Florida Statutes, which provides: "No commissioner or other officer of any community redevelopment agency, board, or commission exercising powers pursuant to this part shall hold any other public office under the county or munici...
...rida 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....
...tate 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. Section
163.367 (3), Florida Statutes, precludes a community redevelopment agency commissioner from holding another office under the county or municipality which created the agency....
...204 (Fla. 1933); Alsop v. Pierce ,
19 So.2d 799 , 805-806 (Fla. 1944) (when the Legislature has prescribed the mode, that mode must be followed); Thayer v. State ,
335 So.2d 815 , 817 (Fla. 1976). 5 Cf ., Op. Att'y Gen. Fla. 96-11 (1996), stating that s.
163.367 (3), Fla....
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
Mr. Mark Kane Goldstein Mayor-Commissioner, Gainesville City Commission Mr. Ken McGurn Chairman Gainesville Development Authority QUESTION: What is the meaning and scope of the prohibition contained in s. 163.367 , F.S.? SUMMARY: Section 163.367 (2), F.S., among other things, requires any public official or employee of a county or municipality, or board or commission thereof, and any commissioner or employee of a community redevelopment agency who presently owns or controls,...
...Thus, questions have arisen as to the ability of such prospective commissioners to participate in any official actions of the board of commissioners of the community redevelopment agency affecting the subject community redevelopment project or property included therein. Section 163.367 (1), F.S., provides that no public official or employee of the municipality, or board or commission thereof, and no commissioner or employee of a community redevelopment agency shall voluntarily or involuntarily acquire any personal interest, direct or indirect, in any redevelopment project or in any property included or planned to be included in any such project. Section 163.367 (2), F.S., clearly provides: In the event of involuntary acquisition , the interest acquired shall be immediately disclosed in writing to the governing body ....
...Any disclosure required to be made by this section to the governing body shall concurrently be made to a community redevelopment agency which has been vested with community redevelopment powers by the county or municipality pursuant to the provisions of s.
163.356 or s.
163.357 . (Emphasis supplied.) Subsection (3) of s.
163.367 , F.S., prohibits any commissioner or other officer of a community redevelopment agency from holding any other public office under the county or municipality other than his office with the community redevelopment agency. Subsection (4) of s.
163.367 , F.S., makes any violation of the provisions of s.
163.367 , F.S., misconduct in office....
