Title: Housing Authorities

Summary: Provides for creation of consolidated housing authorities under certain conditions; provides requirements; provides area of operation of consolidated housing authority; provides duties of governing body of county or municipality included in area of operation; provides public hearing requirements; provides for appointment of commissioners; provides powers & duties of consolidated housing authority & its commissioners; authorizes consolidated housing authority to borrow money, accept grants, & exercise its other powers for certain purposes; authorizes consolidated housing authority to execute mortgages encumbering real property for certain purposes.

Full Text:
An act relating to housing authorities; creating s. 421.281, F.S.; providing for the creation of consolidated housing authorities under certain conditions; providing requirements; providing the area of operation of a consolidated housing authority; providing duties of a governing body of a county or municipality included in the area of operation; providing public hearing requirements; providing for the appointment of commissioners; providing powers and duties of a consolidated housing authority and its commissioners; amending s. 421.32, F.S.; authorizing a consolidated housing authority to borrow money, accept grants, and exercise its other powers for certain purposes; amending s. 421.321, F.S.; authorizing a consolidated housing authority to execute mortgages encumbering real property for certain purposes; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Sectio n421.281, Florida Statutes, is created to read: 421.281 Consolidated housing authorities.-(1) CREATION.-(a) If the commissioners of at least two, but no more than CS/HB 1043 2015 three, municipal or municipal and county housing authorities of neighboring areas of operation within the same county that are not under federal receivership declare by identical resolution, after a public hearing and two consecutive meetings at which such resolution is heard, that there is a need for merging their authorities which serve sthe best interest of their respective tenants and communities, one housing authority shall be created for all of such authorities to exercise powers and other functions herein prescribed in such areas of operation through a public body corporate and poli tic to be known as a consolidated housing authority. (b) After the consolidation, each housing authority created by s. 421.04 or s. 421.27 for each of the areas shall cease to exist except for the purpose of winding up its affairs and executing a deed to the consolidated housing authority as hereafter provided, if: 1. All obligees of such housing authorities and parties to the contracts, bonds, notes, and other obligations of such housing authorities agree to the substitution of the consolidated housing authority; and 2. The commissioners of such housing authorities adopt a resolution consenting to the transfer of all of the rights, contracts, obligations, and property, real and personal, to the consolidated housing authority. (c) When any real prope rty of a housing authority vests in a consolidated housing authority as provided in subsection (2), CS/HB 1043 2015 the housing authority shall execute a deed of such property to the consolidated housing authority which thereupon shall file such deed with the recorder of deeds of the county where such real property is located. (d) In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the consolidated housing authority, the consolidated housing authority shall be conclu sively deemed to have become created, established, and authorized to transact business and exercise its powers hereunder upon proof of the adoption of a resolution by the commissioners of each of the authorities creating the consolidated housing authority. (2) AREA OF OPERATION.-(a) The area of operation of a consolidated housing authority shall include the combined areas of operation of the housing authorities which merged to form the consolidated housing authority. (b) In determining whether dwelli ng accommodations are unsafe or insanitary under this section, the governing body of a county or municipality included in the area of operation of the consolidated housing authority shall take into consideration the safety and sanitation of the dwellings, the light and airspace available to the inhabitants of such dwellings, the degree of overcrowding, the size and arrangement of the rooms, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes. CS/HB 1043 2015 (c) In connection with the issuance of bonds or the incurring of other obligations, a consolidated housing authority may covenant as to limitations on its right to adopt resolutions relating to the increase of its area of operation. (d) A governing body of a county or municipality may not adopt any resolution authorized by this section unless a public hearing has first been held. The clerk of such county or municipality shall give notice of the time, place, and purpose of the public hearing at least da ys before the day on which the hearing is to be held, in a newspaper published in such county and in a newspaper published in the county in which such municipality is located, or, if there is no newspaper published in such locations, then in a newspaper pu blished in the state and having a general circulation in such locations. Upon the date fixed for such public hearing, an opportunity to be heard shall be granted to all residents of such county or municipality and to all other interested persons. (3) COM MISSIONERS.-(a) If a consolidated housing authority consisting of two merged housing authorities is created as provided in this section, five commissioners shall be appointed in the following manner: 1. Three commissioners who are qualified electors within the area of operation of the consolidated housing authority, appointed by the Governor. 2. One commissioner who is a qualified elector within one CS/HB 1043 2015 of the areas of operation merged to form the consolidated housing authority, appointed by the mayor of the municipality in which the merged area of operation is located or appointed by the chair of the commission of the county in which the merged area of operation is located, if the merged area of operation is not located within the boundaries of a municip ality. 3. One commissioner who is a qualified elector within the other area of operation merged to form the consolidated housing authority, appointed by the mayor of the municipality in which the merged area of operation is located. (b) If a consolidat ed housing authority consisting of three merged housing authorities is created as provided in this section, seven commissioners shall be appointed in the following manner: 1. Four commissioners who are qualified electors within the area of operation of the consolidated housing authority, appointed by the Governor. 2. One commissioner who is a qualified elector within one of the areas of operation merged to form the consolidated housing authority, appointed by the mayor of the municipality in which the merged area of operation is located or appointed by the chair of the commission of the county in which the merged area of operation is located, if the merged area of operation is not located within the boundaries of a municipality. 3. One commissioner wh ois a qualified elector within the other area of operation merged to form the consolidated housing CS/HB 1043 2015 authority, appointed by the mayor of the municipality in which the merged area of operation is located. 4. One commissioner who is a qualified elector wit hin the third area of operation merged to form the consolidated housing authority, appointed by the mayor of the municipality in which the merged area of operation is located. (c) Three of the commissioners appointed by the Governor shall serve for terms of 1, 2, and years, respectively. The remaining commissioners shall serve for terms of years each beginning on the date of their appointment. Thereafter, the commissioners of a consolidated housing authority shall serve-year terms, except that all vacancies shall be filled for the unexpired terms. Each commissioner shall hold office until a successor has been appointed and has qualified, except as otherwise provided in this section. (d) A certificate of appointment of any commissioner of a consolid ated housing authority shall be filed with the county clerk of the county in which the commissioner resides. Such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. (e) The commissioners appointed pursuant to this section constitute the consolidated housing authority, and the powers of such authority shall be vested in such commissioners in office from time to time. (f) The commissioners of a consolidated housing authority shall elect a chair from among the commissioners and shall have CS/HB 1043 2015 the power to select or employ such other officers and employees as the consolidated housing authority may require. A majority of the commissioners of a consolidated housing authority shall constitute a quorum for conducting bus iness and exercising its powers and for all other purposes. (4) POWERS AND DUTIES.-(a) Except as otherwise provided in this section, a consolidated housing authority and the commissioners of such authority shall, within the area of operation of such a uthority, have the same functions, rights, powers, duties, privileges, and immunities provided for housing authorities created for counties or municipalities and the commissioners of such housing authorities in the same manner as though all the provisions of law applicable to housing authorities created for counties or municipalities were applicable to consolidated housing authorities. For purposes of this section, the term "mayor" has the same meaning as the term "Governor" and the term "clerk" has the same meaning as the term "county or municipal clerk," unless a different meaning clearly appears from the context. The Governor may appoint any person as commissioner of a consolidated housing authority who resides in the area of operation of the consolidated housing authority and any commissioner of a consolidated housing authority may be removed or suspended in the same manner and for the same reason as other officers appointed by the Governor. (b) The commissioners of a consolidated housing authority CS/HB 1043 2015 may select an appropriate corporate name. Section 2. Section 421.32, Florida Statutes, is amended to read: 421.32 Rural housing projects.-County housing authorities,consolidated housing authorities, and regional housing authorities are specifically empo wered and authorized to borrow money, accept grants,and exercise their other powers to provide housing for farmers of low income and domestic farm labor as defined in s. of the Federal Housing Act of 1949. In connection with such projects, any such ho using authority may enter into such leases or purchase agreements, accept such conveyances and rent or sell dwellings forming part of such projects to or for farmers of low income, as such housing authority deems necessary in order to assure the achievemen tof the objectives of this law. Such leases, agreements or conveyances may include such covenants as the housing authority deems appropriate regarding such dwellings and the tracts of land described in any such instrument, which covenants shall be deemed to run with the land where the housing authority deems it necessary and the parties to such instrument so stipulate. In providing housing for farmers of low income, county housing authorities and regional housing authorities shall not be subject to the lim itations provided in ss. 421.08(3) and 421.10(3). Nothing contained in this section shall be construed as limiting any other powers of any housing authority. Section 3. Section 421.321, Florida Statutes, is amended CS/HB 1043 2015 to read: 421.321 Execution of mortg ages.-County housing authorities, consolidated housing authorities, and regional housing authorities organized under this chapter are authorized to execute mortgages encumbering real property as security for loans made for providing facilities for domestic farm labor pursuant to s. of the Federal Housing Act of 1949. Section 4. This act shall take effect July 1, 2015.