Fla. Stat. 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:May be made by the governing body on its own motion; orShall 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.

(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:Insanitary or unsafe inhabited dwelling accommodations exist in such city; orThere 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.

(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.

Source: Section 421.04 — Creation of housing authorities, https://www.­flsenate.­gov/Laws/Statutes/2024/0421.­04 (accessed Aug. 7, 2025).

421.01
Short title
421.001
State role in housing and urban development
421.02
Finding and declaration of necessity
421.03
Definitions
421.04
Creation of housing authorities
421.05
Appointment, qualifications, and tenure of commissioners
421.06
Commissioners or employees prohibited from acquiring interests in housing projects and required to disclose interests in specified properties
421.07
Removal of commissioners
421.08
Powers of authority
421.09
Operation not for profit
421.10
Rentals and tenant selection
421.11
Cooperation of authorities
421.12
Eminent domain
421.13
Planning, zoning and building laws
421.14
Debentures
421.15
Form and sale of debentures
421.16
Provisions of debentures and trust indentures
421.17
Validation of debentures and proceedings
421.18
Remedies of an obligee of authority
421.19
Additional remedies conferrable by authority
421.21
Aid from Federal Government
421.22
Reports
421.23
Liabilities of authority
421.24
Organization and establishment
421.25
Contracts and undertakings
421.26
Notes and bonds
421.27
Housing authorities in counties
421.28
Creation of regional housing authority
421.29
Area of operation of regional housing authority
421.30
Commissioners of regional authorities
421.31
Powers of regional housing authority
421.32
Rural housing projects
421.33
Housing applications by farmers
421.34
Additional definitions
421.35
Supplemental nature of sections
421.36
Short title
421.46
Organization and establishment of housing authorities validated
421.47
Contracts and undertakings of housing authorities validated
421.48
Notes and bonds of housing authorities validated
421.49
Area of operation of housing authorities for defense housing
421.50
Decreasing area of operation of regional authority
421.51
Authority for county excluded from regional authority
421.52
Authorities
421.091
Financial accounting and investments
421.101
False representations to obtain lower rent in housing accommodations
421.261
Continuance of municipal housing authorities when municipality abolished
421.321
Execution of mortgages

Current through Fall 2025

§ 421.04. Creation of housing authorities's source at flsenate​.gov