421.04

Creation of housing authorities.

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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.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1973–2025 · leading case: Jackson v. Okaloosa County

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Jackson v. Okaloosa County (1994) ca11 “The Authority was established under Fla. Stat. § 421.04 to provide public low-income housing and housing assistance.”

Housing Authority v. City of St. Petersburg (1973) fla · cites it 2× “ Any housing authority created within Pinellas County by § 421.04 shall construct or contract to construct any housing project only upon the approval by a majority of the freeholders voting in a referendum election to be held in the area for which the housing authority is…”

Housing Authority of Daytona Beach v. Gomillion (1994) fladistctapp “See § 421.04 Fla.Stat. § 421.21 Fla.Stat. allows housing authorities to apply for and receive funds from the Federal Government.”

Lauderhill Housing Authority v. Donovan (2011) dcd “” Fla. Stat. § 421.04 (2)(b). Under this statute, the jurisdiction or “area of operation” for housing authorities under state law is defined as: (a) [The jurisdiction in] the case of a housing authority of a city having a population of less than 25,000, shall include such city…”

Williams v. The City of Daytona Beach (2025) flmd · cites it 2× “) See Fla. Stat. § 421.04 (1) (“In each city . .”

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