HB 1541 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the Cypress Creek Center Transportation
13	Management District, Broward County; creating the Cypress
14	Creek Center Transportation Management District; providing
15	for the geographic boundaries of the District; providing
16	for the purpose of the District; providing for the powers,
17	functions, and duties of the District; providing for the
18	creation of the governing board of the District to be
19	known as the Cypress Creek Center Transportation
20	Management Association; providing for membership,
21	organization, compensation, and administrative duties of
22	the governing board of the District; providing for the
23	financial disclosure, noticing, and reporting requirements
24	of the District; providing for the procedure for
25	conducting any District elections or referenda; providing
26	for planning requirements; providing for severability;
27	providing an effective date.
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29	WHEREAS, chapter 189, Florida Statutes, provides that the
30	Legislature may create special purpose independent districts,
31	and
32	WHEREAS, there is need for the creation of a transportation
33	management district within the boundaries set forth below since
34	there are over 12,000 employees within those boundaries, NOW,
35	THEREFORE,
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37	Be It Enacted by the Legislature of the State of Florida:
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39	Section 1. Creation.--
40	(1) There is hereby created in Broward County an
41	independent special district to be know as the Cypress Creek
42	Center Transportation Management District.
43	(2) The district is created for all purposes set forth in
44	this act and chapter 189, Florida Statutes, as the same may be
45	amended from time to time.
46	(3) The District created by this act may be amended only
47	by special act of the Legislature.
48	Section 2. Boundaries.--The boundaries of the District are
49	declared to be from the center line of Powerline Road to the
50	west, the center line of McNab Road to the north, the center
51	line of Dixie Highway to the east and the center line of
52	Commercial Boulevard to the south.
53	Section 3. Purpose of District.--The purpose of the
54	District is to improve ride sharing and transit service in the
55	service area. The Legislature recognizes the use of
56	transportation management associations as a proven means to
57	enhance mobility. The creation of the Cypress Creek Center
58	Transportation Management District in Broward County is a unique
59	method to secure public and private sector funding for use in
60	the service area. The District shall encourage funding
61	partnerships between the local governments and businesses
62	located in the service area and the Florida Department of
63	Transportation.
64	Section 4. Members; election.--
65	(1) The governing body of the District shall be the
66	Cypress Creek Center Transportation Management Association
67	consisting of nine members who shall be owners or lessees of
68	commercial businesses within the District.
69	(2) Terms and election of members.--
70	(a) The members of the governing body shall be elected in
71	accordance with the provisions of chapter 189, Florida Statutes,
72	by the electors of the District in a nonpartisan election held
73	at the time and in the manner prescribed for holding general
74	elections in section 189.405(2)(a), Florida Statutes.
75	(b) Five members of the governing body shall be elected
76	for 4-year terms of office. Four members of the governing body
77	shall be elected for initial 2-year terms. Thereafter all terms
78	shall be 4 year terms.
79	(c) Any individual desiring to be elected to the governing
80	board must qualify pursuant to section 189.405(2)(c), Florida
81	Statutes.
82	(d) Any member of the governing board may be removed by a
83	majority vote of the governing board for misfeasance,
84	malfeasance, or neglect of duty.
85	(e) Any vacancy in the membership of the governing board
86	resulting from the death, resignation, or removal of any board
87	member or from any other cause shall be filled for the remainder
88	of the term, by election within 30 days after the occurrence of
89	such vacancy. However, in the event that the remaining term is
90	60 days or less, the vacancy shall be filled by election at the
91	next general election pursuant to section 189.405(2)(a), Florida
92	Statutes.
93	Section 5. Powers of board.--The Cypress Creek Center
94	Transportation Management Association is authorized and
95	empowered:
96	(1) To sue and be sued.
97	(2) To contract.
98	(3) To adopt and use a common seal and alter the same at
99	its pleasure.
100	(4) To purchase, hold, lease, sell, or otherwise acquire
101	and convey such real and personal property, and interest
102	therein, as may be necessary or proper to carry out the purposes
103	of this act.
104	(5) To make rules for its own government and proceedings.
105	(6) To employ consultants or other such agents as the
106	board may require or deem necessary to accomplish the purposes
107	of this act or to contract for any such services.
108	(7) To plan, develop, and implement ride sharing and
109	transit services within the area of the District.
110	(8) To accept grants and donations of type of property,
111	labor, or other thing of value from any private or public
112	source.
113	(9) To adopt bylaws for the regulation of its affairs and
114	the conduct of its business.
115	(10) To assess and impose non-ad valorem assessments upon
116	the lands in the District. The governing board shall not have
117	the power to levy ad valorem taxes.
118	(11) To issue revenue bonds pursuant to section 189.4085,
119	Florida Statutes, and otherwise by general law to pay for
120	capital improvements necessary to meet the purposes of the
121	District.
122	(12) To issue refunding bonds, pursuant to section
123	189.4085, Florida Statutes, and otherwise by general law to
124	refund any bonds then outstanding which shall have been issued
125	under the provisions of this act.
126	(13) The district shall not be empowered or authorized in
127	any manner to create a debt as against the state, county, or any
128	or all of the cities, and may not pledge the full faith and
129	credit of the state, county, or any of the cities. All revenue
130	bonds or debt obligations shall contain on the face thereof a
131	statement to the effect that the state, county, or any of the
132	cities in which the District is located shall not be obligated
133	to pay the same or the interest and that they are only payable
134	from revenues of the project or the portion thereof for which
135	they are issued and neither the full faith and credit nor the
136	taxing power of the state or of any political subdivision
137	thereof is pledged to the payment of the principal of or the
138	interest on such bonds. The issuance of revenue or refunding
139	bonds under the provisions of this act shall directly or
140	indirectly or contingently obligate the state, county, or any of
141	the cities in which the district is located to levy or pledge
142	any form of taxation whatever therefor or to make any
143	appropriation for their payment.
144	(14) To do all acts or things necessary or convenient to
145	carry out the powers expressly granted in this act.
146	Section 6. Organization, compensation, and administrative
147	duties of the governing board of the district.--
148	(1) There shall be at least one regular meeting of the
149	governing body each quarter. The regular meeting of the
150	governing body shall be conducted at a public building located
151	within the geographical boundaries of the district. Meetings
152	shall be held pursuant to sections 189.416 and 189.417, Florida
153	Statutes.
154	(2) Special meetings or workshop meetings of the governing
155	body may be called from time to time by the chair, vice chair,
156	or by a majority of the members of the governing body.
157	(3) The members of the governing body shall serve without
158	compensation, except for reimbursement of reasonable and
159	necessary expenses as provided for in chapter 112, Florida
160	Statutes, as amended from time to time.
161	Section 7. Financial disclosure, noticing, and reporting
162	requirements of the District.--The District shall comply with
163	the financial disclosure, noticing, and reporting requirements
164	of section 189.418, Florida Statutes. The District shall prepare
165	and submit reports, budgets, and audits as provided in sections
166	189.415 and 189.418, Florida Statutes.
167	Section 8. Procedure for conducting any district elections
168	or referenda.--Elections shall be conducted by the Supervisor of
169	Elections in accordance with and consistent with the Florida
170	Election Code.
171	Section 9. Planning requirements.--The district's planning
172	requirements shall be as set forth within section 189.4155,
173	Florida Statutes.
174	Section 10. If any section, sentence, clause, or phrase of
175	this act is held to be invalid or unconstitutional by any court
176	of competent jurisdiction, then said holding shall in no way
177	affect the validity of the remaining portions of this act.
178	Section 11. This act shall take effect upon becoming a
179	law.