The Florida Senate

343.54  Powers and duties.--

(1)(a)  The authority created and established by this part shall have the right to own, operate, maintain, and manage a commuter rail system in the tri-county area of Broward, Dade, and Palm Beach Counties, hereinafter referred to as the Tri-County Rail.

(b)  It is the express intention of this part that the authority be authorized to plan, develop, own, purchase, lease, or otherwise acquire, demolish, construct, improve, relocate, equip, repair, maintain, operate, and manage a commuter rail system and commuter rail facilities; to establish and determine such policies as may be necessary for the best interest of the operation and promotion of a commuter rail system; and to adopt such rules as may be necessary to govern the operation of a commuter rail system and commuter rail facilities.

(2)  The authority created herein shall be the successor and assignee of the Tri-County Rail Organization (TCRO) and shall inherit all rights, assets, agreements, appropriations, privileges, and obligations of the TCRO.

(3)  The authority 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, complain and defend in all courts in its own name.

(b)  To adopt and use a corporate seal.

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

(d)  To acquire, purchase, hold, lease as a 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.

(e)  To sell, convey, exchange, lease, or otherwise dispose of any real or personal property acquired by the authority, including air rights.

(f)  To fix, alter, establish, and collect rates, fares, fees, rentals, and other charges for the use of any commuter rail system or facilities owned or operated by the authority.

(g)  To develop and provide feeder transit services to rail stations.

(h)  To adopt bylaws for the regulation of the affairs and the conduct of the business of the authority. The bylaws shall provide for quorum and voting requirements, maintenance of minutes and other official records, and preparation and adoption of an annual budget.

(i)  To lease, rent, or contract for the operation or management of any part of a commuter rail system or commuter rail facility, including feeder transit services and concessions. In awarding a contract, the authority shall consider, but is not limited to, the following:

1.  The qualifications of each applicant.

2.  The level of service.

3.  The efficiency, cost, and anticipated revenue.

4.  The construction, operation, and management plan.

5.  The financial ability to provide reliable service.

6.  The impact on other transportation modes, including the ability to interface with other transportation modes and facilities.

(j)  To enforce collection of rates, fees, and charges, and to establish and enforce fines and penalties for violations of any rules.

(k)  To advertise and promote commuter rail systems, facilities, and activities of the authority.

(l)  To employ an executive director, attorney, staff, and consultants.

(m)  To cooperate with other governmental entities and to contract with other governmental agencies, including the Department of Transportation, the Federal Government, counties, and municipalities.

(n)  To enter into joint development agreements.

(o)  To accept funds from other governmental sources, and to accept private donations.

(p)  To purchase by directly contracting with local, national, or international insurance companies to provide liability insurance which the authority is contractually and legally obligated to provide, the requirements of s. 287.022(1), notwithstanding.

(4)  The authority shall develop and adopt a plan for the operation, maintenance, and expansion of the tri-county commuter rail service. Such plan shall address the authority's plan for the development of public and private revenue sources, and the service to be provided, including expansions of current service which are consistent, to the maximum extent feasible, with approved local government comprehensive plans. The plan shall be reviewed and updated annually.

History.--s. 1, ch. 89-351; s. 88, ch. 90-136; s. 76, ch. 92-152.