421.03

Definitions.

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421.03 Definitions.—The following terms, wherever used or referred to in this part, shall have the following respective meanings for the purposes of this part, unless a different meaning clearly appears from the context:

(1) “Authority” or “housing authority” shall mean any of the public corporations created by s. 421.04.

(2) “City” shall mean any city or town of the state having a population of more than 2,500, according to the last preceding federal or state census. “The city” shall mean the particular city for which a particular housing authority is created.

(3) “Governing body” shall mean the city council, the commission, or other legislative body charged with governing the city, as the case may be.

(4) “Mayor” shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city.

(5) “Clerk” shall mean the clerk of the city or the officer of the city charged with the duties customarily imposed on the clerk thereof.

(6) “Area of operation”:

(a) In the case of a housing authority of a city having a population of less than 25,000, shall include such city and the area within 5 miles of the territorial boundaries thereof; and

(b) In the case of a housing authority of a city having a population of 25,000 or more shall include such city and the area within 10 miles from the territorial boundaries thereof; provided however, that the area of operation of a housing authority of any city shall not include any area which lies within the territorial boundaries of some other city as herein defined; and further provided that the area of operation shall not extend outside of the boundaries of the county in which the city is located and no housing authority shall have any power or jurisdiction outside of the county in which the city is located.

(7) “Federal Government” shall include the United States, the Federal Emergency Administration of Public Works or any other agency or instrumentality, corporate or otherwise, of the United States.

(8) “Slum” shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and morals.

(9) “Housing project” shall mean any work or undertaking:

(a) To demolish, clear, or remove buildings from any slum area; such work or undertaking may embrace the adaption of such area to public purposes, including parks or other recreational or community purposes; or

(b) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare or other purposes; or

(c) To accomplish a combination of the foregoing. The term “housing project” also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.

(10) “Persons of low income” shall mean persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding.

(11) “Debentures” shall mean any notes, interim certificates, debentures, revenue certificates, or other obligations issued by an authority pursuant to this chapter.

(12) “Real property” shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

(13) “Obligee of the authority” or “obligee” shall include any holder of debentures, trustee or trustees for any such holders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor’s interest or any part thereof, and the Federal Government when it is a party to any contract with the authority.

History.—s. 3, ch. 17981, 1937; CGL 1940 Supp. 7100(3-c); s. 1, ch. 20219, 1941; s. 1, ch. 28061, 1953; s. 24, ch. 57-1; s. 1, ch. 67-566.

Notes of Decisions

Cited in 8 cases, 1969–2019 · leading case: Jackson v. Okaloosa County

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Jackson v. Okaloosa County (1994) ca11 “Fla.Stat. § 421.03(6)(a). The area within five miles of Fort Walton Beach, Florida, includes areas that are unincorporated and lie within the boundaries of Okaloosa County.”

Lauderhill Housing Authority v. Donovan (2011) dcd · cites it 3× “Fla. Stat. § 421.03 (6). Lauderhill Housing Authority Plaintiff Lauderhill Housing Authority (“LHA”) is a public housing authority in Lauderhill, Florida, a city in Broward County.”

Ammerman v. Markham (1969) fla “, § 421.03(12), F.S.A. defines "real property" for the purposes of the housing authorities law; Fla.”

In Re: Standard Jury Instructions in Criminal Cases-Report 2016-09 (2017) fla · cites it 2× “§ 421.03(12), Fla. Stat. The term “real property comprising a public housing facility” is defined as the real property of a public corporation created as a housing authority by statute.”

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12. (2019) fla · cites it 2× “§ 421.03(12), Fla. Stat. The term "real property comprising a public housing facility" is defined as the real property of a public corporation created as a housing authority by statute.”

Cristol v. City of Miami Beach (1971) fladistctapp · cites it 2× “, and that it is for a public purpose under F.S. § 421.03(9), F.S.A. Appellants’ second line of attack is that there are factual matters in issue which preclude entry of summary judgment.”

In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion (2016) fla · cites it 2× “§ 421.03(12), Fla. Stat. The term “real property comprising a public housing facility” is defined as the real property of a public corporation created as a housing authority by statute.”

State v. Castle (1991) flacirct · cites it 2× “THE COURT finds that § 421.03(9), Florida Statutes (1990) defines housing projects as any real or personal property set aside or acquired for the public purpose of providing low cost housing for low income individuals, parks, recreation, community services such as roads, sewers,…”

— 421.03(12) — 4 cases

Ammerman v. Markham (1969) fla “, § 421.03(12), F.S.A. defines "real property" for the purposes of the housing authorities law; Fla.”

In Re: Standard Jury Instructions in Criminal Cases-Report 2016-09 (2017) fla “§ 421.03(12), Fla. Stat. The term “real property comprising a public housing facility” is defined as the real property of a public corporation created as a housing authority by statute.”

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12. (2019) fla “§ 421.03(12), Fla. Stat. The term "real property comprising a public housing facility" is defined as the real property of a public corporation created as a housing authority by statute.”

In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion (2016) fla “§ 421.03(12), Fla. Stat. The term “real property comprising a public housing facility” is defined as the real property of a public corporation created as a housing authority by statute.”

— 421.03(6)(a) — 1 case

— 421.03(9) — 2 cases

Cristol v. City of Miami Beach (1971) fladistctapp “, and that it is for a public purpose under F.S. § 421.03(9), F.S.A. Appellants’ second line of attack is that there are factual matters in issue which preclude entry of summary judgment.”

State v. Castle (1991) flacirct “THE COURT finds that § 421.03(9), Florida Statutes (1990) defines housing projects as any real or personal property set aside or acquired for the public purpose of providing low cost housing for low income individuals, parks, recreation, community services such as roads, sewers,…”

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