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The Florida Statutes

The 2009 Florida Statutes

Title XXVI
Chapter 348
View Entire Chapter
Section 348.243, Florida Statutes 2009

348.243  Purposes and powers.--

(1)(a)  The authority created and established by the provisions of this part is granted and shall have the right to acquire, hold, construct, improve, maintain, operate, own, and lease the Broward County Expressway System, hereinafter referred to as the "system."

(b)  It is the express intention of this part that the authority, in the construction of the system, be authorized to construct and shall construct roadways commonly known as the noninterstate funded portions of the I-595/Port Everglades Expressway, the Deerfield Expressway, and the Sawgrass Expressway. Construction of the system may be completed in segments, phases, or stages, in a manner which will permit the expansion of these segments, phases, or stages to the desired expressway configuration. Further, it is the express intention of this part that the authority, in the construction of the system, be authorized to construct any extensions of, additions to, or improvements to the system or appurtenant facilities, including all necessary approaches, roads, bridges, and avenues of access, with such changes, modifications, or revisions of the project that are deemed desirable and proper. The authority may only add additional expressways to the system, under the terms and conditions set forth in this part, with the prior express written consent of the Broward County Board of County Commissioners, and only in the event that such additional expressways lack adequate committed funding for implementation, are financially feasible, and are compatible with the existing plans, projects, and programs of the authority.

(2)  The authority is granted, and shall have and may exercise, all powers necessary, appurtenant, convenient, or incidental to the carrying out of the aforesaid purposes, including, but not limited to, the following rights and powers:

(a)  To sue and be sued, implead and be impleaded, and complain and defend in all courts.

(b)  To adopt, use, and alter at will a corporate seal.

(c)  To acquire, purchase, hold, lease as lessee, and use any franchise or property, real, personal, or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the authority and to sell, lease as lessor, transfer, and dispose of any property or interest therein at any time acquired by it.

(d)  To enter into and make leases, either as lessee or as lessor, in order to carry out the right to lease as set forth in this part.

(e)  To enter into and make lease-purchase agreements with the department until any bonds secured by a pledge of rentals thereunder, and any refundings thereof, are fully paid as to both principal and interest.

(f)  To fix, alter, charge, establish, and collect tolls, rates, fees, rentals, and other charges for the services and facilities system, which tolls, rates, fees, rentals, and other charges must always be sufficient to comply with any covenants made with the holders of any bonds issued pursuant to this part. However, such right and power may be assigned or delegated by the authority to the department.

(g)1.  To borrow money as provided by the State Bond Act.

2.  The authority shall reimburse Broward County for any sums expended, together with interest at the highest rate applicable to the bonds of the authority for which the sums were required, from the Broward County gasoline tax funds for payment of the bonds.

(h)  To make contracts of every name and nature and to execute all instruments necessary or convenient for the carrying on of its business.

(i)  Without limitation of the foregoing, to borrow money and accept grants from, and to enter into contracts, leases, or other transactions with, any federal agency, the state, any agency of the state, Broward County, or any other public body of the state.

(j)  To have the power of eminent domain, including the procedural powers granted under chapters 73 and 74.

(k)  To pledge, hypothecate, or otherwise encumber all or any part of the revenues, tolls, rates, fees, rentals, or other charges or receipts of the authority, including all or any portion of the Broward County gasoline tax funds received by the authority pursuant to the terms of any lease-purchase agreement between the authority and the department, as security for all or any of the obligations of the authority.

(l)  To do all acts and things necessary or convenient for the conduct of its business and the general welfare of the authority in order to carry out the powers granted to it by this part or any other law.

(3)  Any provision in this part or any other provision of law to the contrary notwithstanding, the consent of any municipality is not necessary for any project of the authority, whether or not the project lies in whole or in part within the boundaries of the municipality. However, the officials and residents of any municipality in which any project of the authority is to be located, in whole or in part, shall be given ample opportunity to discuss the project and advise the authority as to their positions thereon at a duly advertised public hearing. Advertisement of the public hearing shall be by way of a newspaper published in Broward County and circulated in the affected municipality. The legal notice and display advertisement shall be published at least 2 weeks before the public hearing and shall contain the time and place of the public hearing and a short description of the subject to be discussed. The public hearing may be adjourned from time to time and set for a time and place certain without the necessity of further advertisement. In routing and locating any expressway or its interchanges in or through a municipality, the authority shall give due regard to the effect of such location on the municipality as a whole and shall not unreasonably split, divide, or otherwise separate areas of the municipality one from the other.

(4)  No use or pledge of all or any portion of the Broward County gasoline tax funds may be made without the prior express written consent of the Broward County Board of County Commissioners.

History.--s. 1, ch. 83-289; s. 14, ch. 90-136; s. 72, ch. 2008-4.

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