CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
Dear Mr. Sloan: As City Attorney for the City of Parker and on behalf of the City Council, you have asked for my opinion on substantially the following question: Is the City of Parker subject to the limitations and notice procedures of section 163.380 , Florida Statutes, if the city leases a portion of city-owned property located within a community redevelopment area when that property was acquired prior to the creation of the community redevelopment area and was not acquired for redevelopment purposes? In sum: The notice requirements for the disposal of real property acquired for redevelopment purposes in section 163.380 (3)(a), Florida Statutes, do not apply to city-owned property located within the city's community redevelopment area which was acquired for purposes other than community redevelopment prior to the creation of the city's community redevelopment area. Initially, I would note that no comment is expressed herein as to other local or state notice requirements which may apply to the lease of municipal property for these purposes. 1 Your question is directed to the applicability of section 163.380 , Florida Statutes, and the discussion that follows is limited to that question....
...The city has recently been approached by a private company that desires to lease a small vacant portion of the property from the city for construction of a cellular phone tower on the property. The city council has requested this office's assistance in determining whether the notice requirements of section 163.380 , Florida Statutes, may apply to the proposed lease of this property....
...Acquisition of property within a slum area or a blighted area by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition. * * * 4. Disposition of any property acquired in the community redevelopment area at its fair value as provided in s. 163.380 for uses in accordance with the community redevelopment plan." 3 (e.s.) Section 163.380 (1), Florida Statutes, authorizes any county, municipality, or community redevelopment agency to "sell, lease, dispose of, or otherwise transfer real property or any interest therein acquired by it for community redevelopment in a community redevelopment area to any private person....
...ote such real property only to the uses specified in the community redevelopment plan and may be obligated to comply with such other requirements as the county, municipality, or community redevelopment agency determines to be in the public interest. Section 163.380 (2), Florida Statutes, requires that "[s]uch real property or interest shall be sold, leased, otherwise transferred, or retained at a value determined to be in the public interest for uses in accordance with the community redevelopment plan and in accordance with such reasonable disposal procedures as any county, municipality, or community redevelopment agency may prescribe." Section 163.380 (3)(a), Florida Statutes, provides: "Prior to disposition of any real property or interest therein in a community redevelopment area , any county, municipality, or community redevelopment agency shall give public notice of such dispos...
...5 Words in a statute should be given the meaning accorded them in common usage unless a different connotation is expressed in or necessarily implied from the context of the statute in which they appear. 6 While use of the term "any real property" in section 163.380 (3)(a), Florida Statutes, is expansive enough to include any property owned by the city regardless of the date it was acquired or the use for which it was acquired, the necessity to further the purpose of the act, i.e....
...ria , and where possible, that construction should be adopted which harmonizes and reconciles the statutory provisions so as to preserve the force and effect of each. 8 Under accepted rules of statutory construction, subsections (1), (2), and (3) of section 163.380 , Florida Statutes, should be read together to present a comprehensive scheme for directing the disposition of property acquired for community redevelopment....
...rs asked whether city-owned submerged lands, located within the city's community redevelopment area but purchased for purposes other than community redevelopment prior to the creation of the city's CRA, would be subject to the notice requirements in section 163.380 (3)(a), Florida Statutes....
...1969," and a reading of the act which would harmonize all sections of the statute led to the conclusion that such property was not subject to the act's notice provisions. That opinion recognizes that the language "any real property" as it is used in section 163.380 (3)(a), Florida Statutes, is not directly limited by a requirement that such property be used for community redevelopment....
...However, as discussed above, the opinion concludes that the language should be read together with other provisions of the statute to further the purposes of the act. Accordingly, it is my opinion that the notice requirements for the disposal of real property acquired for redevelopment purposes in section 163.380 (3)(a), Florida Statutes, do not apply to real property located within the city's community redevelopment area which was acquired for purposes other than community redevelopment prior to the creation of the city's community redevelopment area....
...1977); Miami Bridge Co. v. Railroad Commission ,
20 So. 2d 356 (Fla. 1944); Clark v. Kreidt ,
199 So. 333 (Fla. 1940). 6 Gaulden v. Kirk ,
47 So. 2d 567 (Fla. 1950). 7 And see Op. Att'y Gen. Fla. 2008-21 in which this office concluded that the notice requirements of s.
163.380 (3)(a), Fla....
