Can a Florida city commission declare itself the governing board of its community redevelopment agency?

Plain-English summary

A Palmetto city commissioner wrote the Attorney General's Office with questions about the city's community redevelopment agency (CRA), created under the Community Redevelopment Act of 1969 (Part III, Chapter 163). The office declined to issue a formal opinion. Its policy is that questions about a board's powers must come from a majority of that body, accompanied by a memorandum of law from the agency attorney, and the request here came from a single commissioner.

Even so, the letter offered informal guidance. Section 163.356(2) generally has the city or county appoint a separate board of commissioners to run the CRA, but section 163.357(1)(a) gives an alternative: by resolution, the governing body may "declare itself to be an agency," in which case all the rights, powers, duties, and liabilities of a CRA vest in the city or county's own governing body. The letter added that a city commission sitting as the CRA must still comply with the Government in the Sunshine Law, and that any conflict-of-interest question about one attorney representing both the commission and the CRA belongs to The Florida Bar, which the Florida Supreme Court oversees. The commissioner had also asked for a civil-rights review, and the office forwarded the letter to its Civil Rights Office.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

The Community Redevelopment Act of 1969 lets counties and municipalities fight slum and blight conditions by creating a CRA to plan and carry out redevelopment. Section 163.356 is the default path: the governing body adopts a resolution finding a need for an agency and then appoints a board of not fewer than five nor more than seven commissioners. Section 163.357(1)(a) supplies the alternative the letter highlighted, letting the governing body declare itself the agency at the time it adopts the section 163.355 resolution or at any later time, so that all CRA powers and liabilities run to the governing body. "Governing body" is defined in section 163.340(3) as the council, commission, or other legislative body that governs the county or municipality.

On the procedural side, the letter cited section 166.041, which sets the procedures municipalities follow to adopt ordinances and resolutions, while noting the office had no information about any city charter provisions on resolutions. The office also reiterated two limits on its own role: it presumes the validity of a duly enacted ordinance or resolution, and it generally does not opine on matters pending before the courts or on the constitutionality of an existing statute or ordinance, to avoid intruding on the judicial branch. The attorney-conflict referral rested on Article V, section 15 of the Florida Constitution, which gives the Supreme Court exclusive jurisdiction over the discipline of lawyers and which designates The Florida Bar to review such issues.

Common questions

Q: Why didn't the AG issue a formal opinion?
A: Office policy requires that questions about a board's powers come from a majority of that body, with a memorandum of law from the agency attorney. The request came from one commissioner, so the office declined a formal opinion and offered informal guidance instead.

Q: Can a city commission run the CRA itself instead of appointing a board?
A: Under section 163.357(1)(a), yes. The governing body may adopt a resolution declaring itself to be the agency, and then all the CRA's rights, powers, duties, and liabilities vest in the governing body.

Q: Does the Sunshine Law apply when the commission acts as the CRA?
A: Yes. The letter stated that CRA board meetings are subject to the open-meetings laws, and that a commission serving as the CRA must meet the Sunshine Law's requirements.

Q: Who handles a conflict-of-interest question about the shared attorney?
A: The letter directed those questions to The Florida Bar, which the Florida Supreme Court designates to review attorney-discipline issues under Article V, section 15 of the state constitution.

Citations and references

Statutes:

• § 163.357(1)(a), Fla. Stat. (governing body may declare itself the CRA)
• § 163.356(2), Fla. Stat. (appointed CRA board of commissioners)
• § 163.340(3), Fla. Stat. (definition of "governing body")
• § 166.041, Fla. Stat. (procedures for adopting ordinances and resolutions)
• Art. V, § 15, Fla. Const. (Supreme Court's exclusive jurisdiction over attorney discipline)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/community-redevelopment-agency-2
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1783

Original opinion text

The Honorable Mary Lancaster

Palmetto City Commissioner

711 13th Street West

Palmetto, Florida 34221

Dear Commissioner Lancaster:

The Office of Attorney General Bill McCollum has received your letter requesting the opinion of this office regarding the community redevelopment agency created by the city pursuant to Part III, Chapter 163, Florida Statutes, the Community Redevelopment Act of 1969. The act provides a means for counties and municipalities to eliminate and prevent the development or spread of slums and urban blight, to encourage needed community rehabilitation, and to provide for redevelopment of these areas.

Initially, I would note that the authority of the Attorney General to issue opinions is prescribed by statute and is limited to public officials on questions relating to their own official duties. As set forth in this office’s statement concerning Attorney General Opinions, a copy of which is enclosed, "[q]uestions relating to the powers and duties of a public board or commission (or other collegial public body) should be requested by a majority of the members of that body." In addition, this office requires that requests be accompanied by a memorandum of law prepared by the agency attorney. In the absence of a request from a majority of the members of the city commission, this office must decline to issue a formal opinion on the issues raised in your letter. It should be noted, however, that this office must presume the validity of any duly enacted ordinance or resolution. As discussed in this office’s statement, supra, "[i]n order not to intrude upon the constitutional prerogative of the judicial branch, opinions generally are not rendered on questions pending before the courts or on questions requiring a determination of the constitutionality of an existing statute or ordinance."

Informally, and in an effort to be of assistance, however, I would note that while section 163.356(2), Florida Statutes, generally provides for the governing body of the municipality or county to appoint a board of commissioners to serve as the governing body of the community redevelopment agency (CRA), section 163.357(1)(a), Florida Statutes, provides:

"As an alternative to the appointment of not fewer than five or more than seven members of the agency, the governing body may, at the time of the adoption of a resolution under s. 163.355, or at any time thereafter by adoption of a resolution, declare itself to be an agency, in which case all the rights, powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred." (e.s.)

"Governing body" is defined to mean "the council, commission, or other legislative body charged with governing the county or municipality."[1]

Thus, section 163.357(1)(a), Florida Statutes, recognizes that the governing body of a municipality, by resolution adopted either at the time of the creation of a CRA or any time thereafter, may designate itself to be the CRA.[2] At such time, the statute provides that "all the rights, powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred."

Clearly, meetings of the board of commissioners of the CRA are subject to the open meetings laws. There would not appear to be a violation of the Government in the Sunshine Law by the city commission serving as the head of the CRA provided that the requirements of the Sunshine Law are met. I am enclosing a copy of a section of the 2008 Government in the Sunshine Law Manual which generally discusses board members attending meetings of another public board.[3]

Questions regarding whether a conflict of interest for an attorney serving as the attorney for the city commission and as the attorney for the CRA when such entities have expressed differing views should be addressed to The Florida Bar. The Florida Constitution provides that the Florida Supreme Court shall have exclusive jurisdiction to regulate the discipline of persons admitted to practice law in this state.[4] The Court has designated The Florida Bar as the agency responsible for reviewing issues. You may contact the Bar by mail at 651 East Jefferson Street, Tallahassee, Florida 32399-2300; telephone (850) 561-5839 or may visit the Bar’s website at: http://www.floridabar.org/.

You state that you wish this office's Civil Rights Office to also review this matter. I am forwarding a copy of your letter to that office. You may contact Ms. Danille Carroll, who is the Director of the Civil Rights Office, at: Office of Attorney General, State of Florida, The Capitol PL-01, Tallahassee, Florida 32399-1050; telephone: 850-414-3300; email: [email protected].

I hope that the above informal information may be of assistance. Thank you for contacting the Attorney General’s Office.

Sincerely,

Joslyn Wilson

Assistant Attorney General

JW/tsh

Enclosures: Statement of Policy Regarding Attorney General Opinions

    2008 Government in Sunshine Manual, pp. 37-38

[1] Section 163.340(3), Fla. Stat.

[2] See generally section 166.041, Florida Statutes, setting forth procedures for the adoption of ordinances and resolutions. This office has no information regarding any charter provisions the city may have regarding the adoption of resolutions.

[3] An abridged edition of the manual is available online at: http://myfloridalegal.com/sun.nsf/manual. The Attorney General Opinions referenced therein may be accessed online at: http://myfloridalegal.com/opinions.

[4] See Art. V, s. 15, Fla. Const.