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The Florida Senate

2009 Florida Statutes

Section 348.242, Florida Statutes 2009

348.242  Broward County Expressway Authority.--

(1)  There is created and established a body politic and corporate, an agency of the state, to be known as the "Broward County Expressway Authority," hereinafter referred to as the "authority."

(2)  The governing body of the authority shall consist of five members. Each member of the governing body shall be a permanent resident of Broward County at all times during his or her term of office.

(a)  Two members shall be appointed by the Governor, subject to confirmation by the Senate, and three members shall be appointed by the Board of County Commissioners of Broward County. Not more than one of the members appointed by the board of county commissioners may be a member of that board. One of the two members appointed by the Governor must be an elected municipal official, and the other member may not be an officeholder. The members appointed by the Governor shall serve terms of 4 years. If the member appointed by the Governor does not remain in elected municipal office, that member's seat shall become vacant. The term of each appointed member shall be for 4 years. A vacancy occurring during a term shall be filled by the original appointing authority only for the balance of the unexpired term. Any member of the authority is eligible for reappointment. Members appointed by the Board of County Commissioners of Broward County shall be reviewed annually by the board.

(b)  Each member of the authority, before entering upon his or her official duties, shall take and subscribe to an oath, before some official authorized by law to administer oaths, that he or she will faithfully, honestly, and impartially perform the duties devolving upon him or her in office as a member of the governing body of the authority and that he or she will not neglect any duty imposed upon him or her by this part.

(3)  The authority shall elect one of its members as chair of the authority to serve for a term of 2 years. The authority shall also elect a secretary and a treasurer, who may or may not be members of the authority. The chair, secretary, and treasurer shall hold such offices at the will of the authority.

(4)  Three members of the authority constitute a quorum. In all cases, an affirmative vote of at least three members present at a given meeting is necessary for any action taken by the authority. No vacancy in the authority shall impair the right of a quorum of the authority to exercise all of the rights and perform all of the duties of the authority.

(5)  Upon the effective date of his or her appointment, or as soon as practicable thereafter, each appointed member of the authority shall enter upon his or her duties.

(6)  The authority may employ an executive secretary, an executive director, its own counsel and legal staff, technical experts, and such engineers and such employees, permanent or temporary, as it may require; determine the qualifications and fix the compensation of such persons, firms, or corporations; and employ a fiscal agent or agents. The authority may delegate to one or more of its agents or employees such of its powers as it deems necessary to carry out the purposes of this part, subject always to the supervision and control of the authority. The authority may utilize employees and contractors of the county through a contractual agreement with the county.

(7)  Members of the authority are entitled to receive from the authority travel and other necessary expenses incurred in connection with the business of the authority, as provided in s. 112.061, but they may draw no salaries or other compensation.

(8)  A member of the authority may be removed from office by the Governor or by the Board of County Commissioners of Broward County, whichever appointed the member, for misconduct, malfeasance, misfeasance, or nonfeasance in office.

(9)  The Administrative Procedure Act, chapter 120, applies to the authority.

History.--s. 1, ch. 83-289; s. 517, ch. 95-148; s. 139, ch. 99-13.