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Florida Statute 163.340 | Lawyer Caselaw & Research
F.S. 163.340 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 163.340

The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 163
INTERGOVERNMENTAL PROGRAMS
View Entire Chapter
F.S. 163.340
163.340 Definitions.The following terms, wherever used or referred to in this part, have the following meanings:
(1) “Agency” or “community redevelopment agency” means a public agency created by, or designated pursuant to, s. 163.356 or s. 163.357.
(2) “Public body” means the state or any county, municipality, authority, special district as defined in s. 165.031(7), or other public body of the state, except a school district.
(3) “Governing body” means the council, commission, or other legislative body charged with governing the county or municipality.
(4) “Mayor” means the mayor of a municipality or, for a county, the chair of the board of county commissioners or such other officer as may be constituted by law to act as the executive head of such municipality or county.
(5) “Clerk” means the clerk or other official of the county or municipality who is the custodian of the official records of such county or municipality.
(6) “Federal Government” includes the United States or any agency or instrumentality, corporate or otherwise, of the United States.
(7) “Slum area” means an area having physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence, and exhibiting one or more of the following factors:
(a) Inadequate provision for ventilation, light, air, sanitation, or open spaces;
(b) High density of population, compared to the population density of adjacent areas within the county or municipality; and overcrowding, as indicated by government-maintained statistics or other studies and the requirements of the Florida Building Code; or
(c) The existence of conditions that endanger life or property by fire or other causes.
(8) “Blighted area” means an area in which there are a substantial number of deteriorated or deteriorating structures; in which conditions, as indicated by government-maintained statistics or other studies, endanger life or property or are leading to economic distress; and in which two or more of the following factors are present:
(a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities.
(b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions.
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness.
(d) Unsanitary or unsafe conditions.
(e) Deterioration of site or other improvements.
(f) Inadequate and outdated building density patterns.
(g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality.
(h) Tax or special assessment delinquency exceeding the fair value of the land.
(i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality.
(j) Incidence of crime in the area higher than in the remainder of the county or municipality.
(k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality.
(l) A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality.
(m) Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area.
(n) Governmentally owned property with adverse environmental conditions caused by a public or private entity.
(o) A substantial number or percentage of properties damaged by sinkhole activity which have not been adequately repaired or stabilized.

However, the term “blighted area” also means any area in which at least one of the factors identified in paragraphs (a) through (o) is present and all taxing authorities subject to s. 163.387(2)(a) agree, either by interlocal agreement with the agency or by resolution, that the area is blighted. Such agreement or resolution must be limited to a determination that the area is blighted. For purposes of qualifying for the tax credits authorized in chapter 220, “blighted area” means an area as defined in this subsection.

(9) “Community redevelopment” or “redevelopment” means undertakings, activities, or projects of a county, municipality, or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight, or for the reduction or prevention of crime, or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area or rehabilitation and revitalization of coastal resort and tourist areas that are deteriorating and economically distressed, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan.
(10) “Community redevelopment area” means a slum area, a blighted area, or an area in which there is a shortage of housing that is affordable to residents of low or moderate income, including the elderly, or a coastal and tourist area that is deteriorating and economically distressed due to outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate street layout, or a combination thereof which the governing body designates as appropriate for community redevelopment. For community redevelopment agencies created after July 1, 2006, a community redevelopment area may not consist of more than 80 percent of a municipality.
(11) “Community redevelopment plan” means a plan, as it exists from time to time, for a community redevelopment area.
(12) “Related activities” means:
(a) Planning work for the preparation of a general neighborhood redevelopment plan or for the preparation or completion of a communitywide plan or program pursuant to s. 163.365.
(b) The functions related to the acquisition and disposal of real property pursuant to s. 163.370(4).
(c) The development of affordable housing for residents of the area.
(d) The development of community policing innovations.
(13) “Real property” means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith and every estate, interest, right, and use, legal or equitable, therein, including but not limited to terms for years and liens by way of judgment, mortgage, or otherwise.
(14) “Bonds” means any bonds (including refunding bonds), notes, interim certificates, certificates of indebtedness, debentures, or other obligations.
(15) “Obligee” means and includes any bondholder, agents or trustees for any bondholders, or lessor demising to the county or municipality property used in connection with community redevelopment, or any assignee or assignees of such lessor’s interest or any part thereof, and the Federal Government when it is a party to any contract with the county or municipality.
(16) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other person acting in a similar representative capacity.
(17) “Area of operation” means, for a county, the area within the boundaries of the county, and for a municipality, the area within the corporate limits of the municipality.
(18) “Housing authority” means a housing authority created by and established pursuant to chapter 421.
(19) “Board” or “commission” means a board, commission, department, division, office, body or other unit of the county or municipality.
(20) “Public officer” means any officer who is in charge of any department or branch of the government of the county or municipality relating to health, fire, building regulations, or other activities concerning dwellings in the county or municipality.
(21) “Debt service millage” means any millage levied pursuant to s. 12, Art. VII of the State Constitution.
(22) “Increment revenue” means the amount calculated pursuant to s. 163.387(1).
(23) “Community policing innovation” means a policing technique or strategy designed to reduce crime by reducing opportunities for, and increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community, including, but not limited to, community mobilization, neighborhood block watch, citizen patrol, citizen contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or intensified motorized patrol.
(24) “Taxing authority” means a public body that levies or is authorized to levy an ad valorem tax on real property located in a community redevelopment area.
History.s. 3, ch. 69-305; s. 1, ch. 77-391; s. 1, ch. 81-44; s. 3, ch. 83-231; ss. 2, 22, ch. 84-356; s. 83, ch. 85-180; s. 72, ch. 87-243; s. 33, ch. 91-45; s. 1, ch. 93-286; s. 1, ch. 94-236; s. 1447, ch. 95-147; s. 2, ch. 98-201; s. 1, ch. 98-314; s. 2, ch. 2002-294; s. 7, ch. 2006-11; s. 1, ch. 2006-307; s. 20, ch. 2013-15; s. 7, ch. 2015-30.

F.S. 163.340 on Google Scholar

F.S. 163.340 on Casetext

Amendments to 163.340


Arrestable Offenses / Crimes under Fla. Stat. 163.340
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.340.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BAY COUNTY, v. TOWN OF CEDAR GROVE, v., 992 So. 2d 164 (Fla. 2008)

. . . determination that the Bran-nonville redevelopment area met the blighted criteria described in section 163.340 . . .

CITY OF PARKER, v. STATE, 992 So. 2d 171 (Fla. 2008)

. . . Moreover, “governing body” is defined in section 163.340(3), Florida Statutes (2006), as “the council . . . Finally, “taxing authority” is defined in section 163.340(24) as “a public body that levies or is authorized . . . "Blighted area” is defined by section 163.340(8) as an area in which there are a substantial number of . . .

CITY OF HOLLYWOOD COMMUNITY REDEVELOPMENT AGENCY, v. LLC,, 980 So. 2d 1138 (Fla. Dist. Ct. App. 2008)

. . . See § 163.340(9), Fla. Stat. (1979). . . . presumably did not intend to so narrowly apply the concept of rehabilitation and conservation in section 163.340 . . .

FULMORE, v. CHARLOTTE COUNTY v. P. v. J. v. v. A. P. E. A. R. v. v. J. v. M. v. L. LLC, v. v. D. A. L. D. W. v. D. A. L. D. W. v., 928 So. 2d 1281 (Fla. Dist. Ct. App. 2006)

. . . effect the elimination of slums and blight, which conditions are specifically defined by the Act, §§ 163.340 . . . Section 163.340(8) states as follows: (8) Blighted area means an area in which there are a substantial . . . Indeed, in section 163.340(7), the legislature defined slum area in pertinent part as follows: “an area . . . While some of the qualifiers used in section 163.340(8) could allow for arbitrary application of some . . . There is a second definition of “blighted area” in section 163.340(8). . . .

PANAMA CITY BEACH COMMUNITY REDEVELOPMENT AGENCY, v. STATE, 831 So. 2d 662 (Fla. 2002)

. . . legislatively determined that the redevelopment area was “blighted” within the definition of section 163.340 . . . Additionally, section 163.340(8)(b) authorizes the finding of blight in “[a]n area in which there exists . . . of traffic flow into or through the area, either at present or following proposed construction.” § 163.340 . . . The definition of “blighted area” under section 163.340(8)(a) seems to contemplate some form of building . . . However, section 163.340(8)(b) is not so limiting, is separated in the context of the disjunctives “either . . .

M. RUKAB T. v. CITY OF JACKSONVILLE BEACH, A A, 811 So. 2d 727 (Fla. Dist. Ct. App. 2002)

. . . Subsection 163.340(8) provides two definitions of "blighted area.” . . .

KEY WEST HARBOUR DEVELOPMENT CORPORATION, a v. CITY OF KEY WEST, FLORIDA,, 987 F.2d 723 (11th Cir. 1993)

. . . .” § 163.340(3). . The appellant also refers this court to Villas of Lake Jackson, Ltd. v. . . .

L. TAYLOR v. RIDGE AT THE BLUFFS HOMEOWNER S ASSOCIATION, INC. a, 579 So. 2d 895 (Fla. Dist. Ct. App. 1991)

. . . Section 163.340(3), Florida Statutes (1987), also defines a governing body as meaning “the council or . . .

H. BATMASIAN, v. BOCA RATON COMMUNITY REDEVELOPMENT AGENCY, a, 580 So. 2d 199 (Fla. Dist. Ct. App. 1991)

. . . Section 163.340(8), Florida Statutes (1979), defines “blighted area” as follows: (8) “Blighted area” . . . This resolution stated that several of the factors included in the definition of blight in section 163.340 . . .

BOCA RATON COMMUNITY REDEVELOPMENT AGENCY v. BATMASIAN,, 42 Fla. Supp. 2d 225 (Fla. Cir. Ct. 1990)

. . . Section 163.340(8), Florida Statutes (1979). 4. . . .

HOLLYWOOD, FLORIDA COMMUNITY REDEVELOPMENT AGENCY, v. SAADA,, 43 Fla. Supp. 2d 161 (Fla. Cir. Ct. 1989)

. . . Stat. 163.340(8). . . . Stat. 163.340(8). . . . Stat. 163.340(8)(a). . . . Stat. 163.340(8)(b). . . . Stat. 163.340(8)(a) or 163.340(8)(b). . . .

STRITON PROPERTIES, INC. v. CITY OF JACKSONVILLE BEACH,, 533 So. 2d 1174 (Fla. Dist. Ct. App. 1988)

. . . . § 163.340(3) defines "governing body” as "the council or other legislative body charged with governing . . .

E. HOLLOWAY, v. LAKELAND DOWNTOWN DEVELOPMENT AUTHORITY,, 417 So. 2d 963 (Fla. 1982)

. . . . § 163.340(7), Fla.Stat. (1979). . . . . § 163.340(8), Fla.Stat. (1979). . . .

STATE v. LEON COUNTY, FLORIDA,, 410 So. 2d 1346 (Fla. 1982)

. . . Commission passed a resolution declaring part of Tallahassee to be a blighted area as defined by section 163.340 . . .

STATE v. MIAMI BEACH REDEVELOPMENT AGENCY,, 392 So. 2d 875 (Fla. 1980)

. . . Section 163.340(7) defines a slum as follows: (7) “Slum area” means an area in which there is a predominance . . . of title which prevents the free alienability of land within the deteriorated or hazardous area. § 163.340 . . . of title which prevents the free alienability of land within the deteriorated or hazardous area. § 163.340 . . .