HB 1541, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to the Cypress Creek Center Transportation
3	Management District, Broward County; creating the Cypress
4	Creek Center Transportation Management District; providing
5	for the geographic boundaries of the District; providing
6	for the purpose of the District; providing for the powers,
7	functions, and duties of the District; providing for the
8	creation of the governing board of the District to be
9	known as the Cypress Creek Center Transportation
10	Management Association; providing for membership,
11	organization, compensation, and administrative duties of
12	the governing board of the District; providing for the
13	financial disclosure, noticing, and reporting requirements
14	of the District; providing for the procedure for
15	conducting any District elections or referenda; providing
16	for planning requirements; providing for severability;
17	providing an effective date.
18
19	WHEREAS, chapter 189, Florida Statutes, provides that the
20	Legislature may create special purpose independent districts,
21	and
22	WHEREAS, there is need for the creation of a transportation
23	management district within the boundaries set forth below since
24	there are over 12,000 employees within those boundaries, NOW,
25	THEREFORE,
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Creation.--
30	(1) There is hereby created in Broward County an
31	independent special district to be know as the Cypress Creek
32	Center Transportation Management District.
33	(2) The district is created for all purposes set forth in
34	this act and chapter 189, Florida Statutes, as the same may be
35	amended from time to time.
36	(3) The District created by this act may be amended only
37	by special act of the Legislature.
38	Section 2. Boundaries.--The boundaries of the District are
39	declared to be from the center line of Powerline Road to the
40	west, the center line of McNab Road to the north, the center
41	line of Dixie Highway to the east and the center line of
42	Commercial Boulevard to the south.
43	Section 3. Purpose of District.--The purpose of the
44	District is to improve ride sharing and transit service in the
45	service area. The Legislature recognizes the use of
46	transportation management associations as a proven means to
47	enhance mobility. The creation of the Cypress Creek Center
48	Transportation Management District in Broward County is a unique
49	method to secure public and private sector funding for use in
50	the service area. The District shall encourage funding
51	partnerships between the local governments and businesses
52	located in the service area and the Florida Department of
53	Transportation.
54	Section 4. Members; election.--
55	(1) The governing body of the District shall be the
56	Cypress Creek Center Transportation Management Association
57	consisting of nine members who shall be owners or lessees of
58	commercial businesses within the District.
59	(2) Terms and election of members.--
60	(a) The members of the governing body shall be elected in
61	accordance with the provisions of chapter 189, Florida Statutes,
62	by the electors of the District in a nonpartisan election held
63	at the time and in the manner prescribed for holding general
64	elections in section 189.405(2)(a), Florida Statutes.
65	(b) Five members of the governing body shall be elected
66	for 4-year terms of office. Four members of the governing body
67	shall be elected for initial 2-year terms. Thereafter all terms
68	shall be 4 year terms.
69	(c) Any individual desiring to be elected to the governing
70	board must qualify pursuant to section 189.405(2)(c), Florida
71	Statutes.
72	(d) Any member of the governing board may be removed by a
73	majority vote of the governing board for misfeasance,
74	malfeasance, or neglect of duty.
75	(e) Any vacancy in the membership of the governing board
76	resulting from the death, resignation, or removal of any board
77	member or from any other cause shall be filled for the remainder
78	of the term, by election within 30 days after the occurrence of
79	such vacancy. However, in the event that the remaining term is
80	60 days or less, the vacancy shall be filled by election at the
81	next general election pursuant to section 189.405(2)(a), Florida
82	Statutes.
83	Section 5. Powers of board.--The Cypress Creek Center
84	Transportation Management Association is authorized and
85	empowered:
86	(1) To sue and be sued.
87	(2) To contract.
88	(3) To adopt and use a common seal and alter the same at
89	its pleasure.
90	(4) To purchase, hold, lease, sell, or otherwise acquire
91	and convey such real and personal property, and interest
92	therein, as may be necessary or proper to carry out the purposes
93	of this act.
94	(5) To make rules for its own government and proceedings.
95	(6) To employ consultants or other such agents as the
96	board may require or deem necessary to accomplish the purposes
97	of this act or to contract for any such services.
98	(7) To plan, develop, and implement ride sharing and
99	transit services within the area of the District.
100	(8) To accept grants and donations of type of property,
101	labor, or other thing of value from any private or public
102	source.
103	(9) To adopt bylaws for the regulation of its affairs and
104	the conduct of its business.
105	(10) To assess and impose non-ad valorem assessments upon
106	the lands in the District. The governing board shall not have
107	the power to levy ad valorem taxes.
108	(11) To issue revenue bonds pursuant to section 189.4085,
109	Florida Statutes, and otherwise by general law to pay for
110	capital improvements necessary to meet the purposes of the
111	District.
112	(12) To issue refunding bonds, pursuant to section
113	189.4085, Florida Statutes, and otherwise by general law to
114	refund any bonds then outstanding which shall have been issued
115	under the provisions of this act.
116	(13) The district shall not be empowered or authorized in
117	any manner to create a debt as against the state, county, or any
118	or all of the cities, and may not pledge the full faith and
119	credit of the state, county, or any of the cities. All revenue
120	bonds or debt obligations shall contain on the face thereof a
121	statement to the effect that the state, county, or any of the
122	cities in which the District is located shall not be obligated
123	to pay the same or the interest and that they are only payable
124	from revenues of the project or the portion thereof for which
125	they are issued and neither the full faith and credit nor the
126	taxing power of the state or of any political subdivision
127	thereof is pledged to the payment of the principal of or the
128	interest on such bonds. The issuance of revenue or refunding
129	bonds under the provisions of this act shall directly or
130	indirectly or contingently obligate the state, county, or any of
131	the cities in which the district is located to levy or pledge
132	any form of taxation whatever therefor or to make any
133	appropriation for their payment.
134	(14) To do all acts or things necessary or convenient to
135	carry out the powers expressly granted in this act.
136	Section 6. Organization, compensation, and administrative
137	duties of the governing board of the district.--
138	(1) There shall be at least one regular meeting of the
139	governing body each quarter. The regular meeting of the
140	governing body shall be conducted at a public building located
141	within the geographical boundaries of the district. Meetings
142	shall be held pursuant to sections 189.416 and 189.417, Florida
143	Statutes.
144	(2) Special meetings or workshop meetings of the governing
145	body may be called from time to time by the chair, vice chair,
146	or by a majority of the members of the governing body.
147	(3) The members of the governing body shall serve without
148	compensation, except for reimbursement of reasonable and
149	necessary expenses as provided for in chapter 112, Florida
150	Statutes, as amended from time to time.
151	Section 7. Financial disclosure, noticing, and reporting
152	requirements of the District.--The District shall comply with
153	the financial disclosure, noticing, and reporting requirements
154	of section 189.418, Florida Statutes. The District shall prepare
155	and submit reports, budgets, and audits as provided in sections
156	189.415 and 189.418, Florida Statutes.
157	Section 8. Procedure for conducting any district elections
158	or referenda.--Elections shall be conducted by the Supervisor of
159	Elections in accordance with and consistent with the Florida
160	Election Code.
161	Section 9. Planning requirements.--The district's planning
162	requirements shall be as set forth within section 189.4155,
163	Florida Statutes.
164	Section 10. If any section, sentence, clause, or phrase of
165	this act is held to be invalid or unconstitutional by any court
166	of competent jurisdiction, then said holding shall in no way
167	affect the validity of the remaining portions of this act.
168	Section 11. This act shall take effect upon becoming a
169	law.