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The Miami-Dade Expressway Authority (MDX) achieved another important
legal victory on June 28 th in a ruling by Eleventh Circuit Court Judge Alan
Fine, who determined that a motion for summary judgement be granted to
MDX.
For several years, MDX has been legally challenging the State of Florida’s
attempt and take over the county’s five major toll roads, which would result
in the loss of hundreds of millions of dollars in toll revenue to the county. In
2019, the State Legislature voted dissolve MDX and replace it with a new
entity known as the Greater Miami Expressway Authority (GMX), five of
whose board members are appointed by the governor.
In response, the county passed an ordinance in May to abolish GMX under
the provisions of Miami-Dade County’s Home Rule Charter, which was
adopted in 1957. Home Rule Authority allows the county “to
abolish…authorities, boards or other governmental units whose jurisdiction
lies wholly within (Miami) Dade County.”
Commissioner Joe Martinez explained at the time that the intent of the
ordinance was not only about MDX but was about defending the county’s
right to self-governance under the Florida Constitution. In his recent ruling,
Judge Fine noted that, based upon the intent of Home Rule Authority, “the
legislature would therefore relinquish its power to enact special laws that
apply only to Miami-Dade County.”
In 1994, a transfer agreement between MDX and the Florida Department of
Transportation was created which gave property interests in the five local
expressways to MDX for a price of $91 million. Those expressways include
the 836/Dolphin Expressway, 112/Airport Expressway, 874/Don Shula
Expressway, 878/Snapper Creek Expressway and 924/Gratigny Parkway.
Eugene Stearns, the attorney for MDX, expects GMX to file an appeal
before July 29.”
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