Florida Statute 421.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 421
PUBLIC HOUSING

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F.S. 421.04

421.04 Creation of housing authorities.—

(1) In each city, as herein defined, there is hereby created a public body corporate and politic to be known as the “Housing Authority” of the city; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city by proper resolution shall declare that there is need for an authority to function in such city. The determination as to whether there is such need for an authority to function:

(a) May be made by the governing body on its own motion; or

(b) Shall be made by the governing body upon the filing of a petition signed by 25 residents of the city asserting that there is need for an authority to function in such city and requesting that the governing body so declare.

(2) The governing body may adopt a resolution declaring that there is need for a housing authority in the city if it shall find that:

(a) Insanitary or unsafe inhabited dwelling accommodations exist in such city; or

(b) There is a shortage of safe or sanitary dwelling accommodations in such city available to persons of low income at rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.

(3) In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms, no further detail being necessary, that either or both of the above enumerated conditions exist in the city. A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding.

(4) Regardless of the date of its creation, a housing authority may not apply to the Federal Government to seize any projects, units, or vouchers of another established housing authority, irrespective of each housing authority’s areas of operation.

History.—s. 4, ch. 17981, 1937; CGL 1940 Supp. 7100(3-d); s. 13, ch. 2016-210.

F.S. 421.04 on Google Scholar

F.S. 421.04 on Casetext

Amendments to 421.04

Arrestable Offenses / Crimes under Fla. Stat. 421.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 421.04.

Annotations, Discussions, Cases:

Cases Citing Statute 421.04

Total Results: 20

AMANDA HEINE and JHAYLA STREADY v. FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES

Court: District Court of Appeal of Florida | Date Filed: 2023-04-26

Snippet: in the complaint.” Id. at 421. 4 The Third District noted

HIGH DEFINITION MOBILE MRI, INC. a/a/o LOUIMA SUSETTE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2021-06-02

Snippet: provided a “readable policy.” Moreover, section 627.421(4)(e) does not apply in this case. 2 1This provision

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Court: Florida Attorney General Reports | Date Filed: 2010-02-17

Snippet: the city," and s. 421.04(1), Fla. Stat. 2 Section 421.04(1), Fla. Stat. 3 Section 421.04(2), Fla. Stat.

Essex Ins. Co. v. Zota

Court: Supreme Court of Florida | Date Filed: 2008-06-26

Citation: 985 So. 2d 1036, 33 Fla. L. Weekly Supp. 425, 2008 Fla. LEXIS 1112, 2008 WL 2520879

Snippet: required by Florida Statutes *1041 §§ 626.922 and 627.421.[[4]] The defendants subsequently filed a motion for

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Court: Florida Attorney General Reports | Date Filed: 2002-06-26

Snippet: authority. 2 Section 421.27(3), Fla. Stat. 3 Section 421.04(1), Fla. Stat., provides that a city housing authority

Brooks v. State

Court: Supreme Court of Florida | Date Filed: 2000-05-25

Citation: 762 So. 2d 879, 2000 WL 674581

Snippet: defendant displayed towards the victim, see id. at 421; (4) asserting that any juror's vote for a life sentence

Hanley v. Hanley

Court: District Court of Appeal of Florida | Date Filed: 1999-05-26

Citation: 734 So. 2d 529, 1999 WL 333425

Snippet: income after withholding and social security of $49,421 ($4,118 per month). The accountant also testified that

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Court: Florida Attorney General Reports | Date Filed: 1997-06-13

Snippet: between an employment and an office. . . ."2 Section 421.04, Florida Statutes, provides for the creation in

Housing Authority of Daytona Beach v. Gomillion

Court: District Court of Appeal of Florida | Date Filed: 1994-06-24

Citation: 639 So. 2d 117, 1994 Fla. App. LEXIS 6175, 1994 WL 277896

Snippet: is a public body created by state statute. See § 421.04 Fla.Stat. § 421.21 Fla.Stat. allows housing authorities

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Court: Florida Attorney General Reports | Date Filed: 1992-10-30

Snippet: RAB/tjw 1 See, Part I, Ch. 421, F.S., specifically s.421.04, F.S., which provides for the creation of a municipal

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Court: Florida Attorney General Reports | Date Filed: 1992-09-09

Snippet: municipal housing authority created pursuant to s. 421.04, F.S., as a public body corporate and politic,

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Court: Florida Attorney General Reports | Date Filed: 1990-08-17

Snippet: Butterworth Attorney General RAB/tls 1 See, s. 421.04(1), in pertinent part, providing: In each city

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Court: Florida Attorney General Reports | Date Filed: 1989-11-03

Snippet: Attorney General (gh) 1 Section 421.02, F.S. 2 Section 421.04, F.S. 3 Section 421.05, F.S., as amended by s.

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Court: Florida Attorney General Reports | Date Filed: 1987-04-14

Snippet: persons of low income can afford. . . ." See also, s. 421.04 which authorizes the creation of city housing authorities

State v. Daniels

Court: Supreme Court of Florida | Date Filed: 1980-10-16

Citation: 389 So. 2d 631

Snippet: McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 421, 4 L.Ed. 579 (1819). The same broad authority inheres