Senate Bill sb2930

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    Florida Senate - 2003        (NP)                      SB 2930

    By Senator Geller





    31-2207A-03                                        See HB 1541

  1                      A bill to be entitled

  2         An act relating to the Cypress Creek Center

  3         Transportation Management District, Broward

  4         County; creating the Cypress Creek Center

  5         Transportation Management District; providing

  6         for the geographic boundaries of the District;

  7         providing for the purpose of the District;

  8         providing for the powers, functions, and duties

  9         of the District; providing for the creation of

10         the governing board of the District to be known

11         as the Cypress Creek Center Transportation

12         Management Association; providing for

13         membership, organization, compensation, and

14         administrative duties of the governing board of

15         the District; providing for the financial

16         disclosure, noticing, and reporting

17         requirements of the District; providing for the

18         procedure for conducting any District elections

19         or referenda; providing for planning

20         requirements; providing for severability;

21         providing an effective date.

22  

23         WHEREAS, chapter 189, Florida Statutes, provides that

24  the Legislature may create special purpose independent

25  districts, and

26         WHEREAS, there is need for the creation of a

27  transportation management district within the boundaries set

28  forth below since there are over 12,000 employees within those

29  boundaries, NOW, THEREFORE,

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2003        (NP)                      SB 2930
    31-2207A-03                                        See HB 1541




 1         Section 1.  Creation.--

 2         (1)  There is hereby created in Broward County an

 3  independent special district to be know as the Cypress Creek

 4  Center Transportation Management District.

 5         (2)  The district is created for all purposes set forth

 6  in this act and chapter 189, Florida Statutes, as the same may

 7  be amended from time to time.

 8         (3)  The District created by this act may be amended

 9  only by special act of the Legislature.

10         Section 2.  Boundaries.--The boundaries of the District

11  are declared to be from the center line of Powerline Road to

12  the west, the center line of McNab Road to the north, the

13  center line of Dixie Highway to the east and the center line

14  of Commercial Boulevard to the south.

15         Section 3.  Purpose of District.--The purpose of the

16  District is to improve ride sharing and transit service in the

17  service area. The Legislature recognizes the use of

18  transportation management associations as a proven means to

19  enhance mobility. The creation of the Cypress Creek Center

20  Transportation Management District in Broward County is a

21  unique method to secure public and private sector funding for

22  use in the service area. The District shall encourage funding

23  partnerships between the local governments and businesses

24  located in the service area and the Florida Department of

25  Transportation.

26         Section 4.  Members; election.--

27         (1)  The governing body of the District shall be the

28  Cypress Creek Center Transportation Management Association

29  consisting of nine members who shall be owners or lessees of

30  commercial businesses within the District.

31         (2)  Terms and election of members.--

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    Florida Senate - 2003        (NP)                      SB 2930
    31-2207A-03                                        See HB 1541




 1         (a)  The members of the governing body shall be elected

 2  in accordance with the provisions of chapter 189, Florida

 3  Statutes, by the electors of the District in a nonpartisan

 4  election held at the time and in the manner prescribed for

 5  holding general elections in section 189.405(2)(a), Florida

 6  Statutes.

 7         (b)  Five members of the governing body shall be

 8  elected for 4-year terms of office. Four members of the

 9  governing body shall be elected for initial 2-year terms.

10  Thereafter all terms shall be 4-year terms.

11         (c)  Any individual desiring to be elected to the

12  governing board must qualify pursuant to section

13  189.405(2)(c), Florida Statutes.

14         (d)  Any member of the governing board may be removed

15  by a majority vote of the governing board for misfeasance,

16  malfeasance, or neglect of duty.

17         (e)  Any vacancy in the membership of the governing

18  board resulting from the death, resignation, or removal of any

19  board member or from any other cause shall be filled for the

20  remainder of the term, by election within 30 days after the

21  occurrence of such vacancy. However, in the event that the

22  remaining term is 60 days or less, the vacancy shall be filled

23  by election at the next general election pursuant to section

24  189.405(2)(a), Florida Statutes.

25         Section 5.  Powers of board.--The Cypress Creek Center

26  Transportation Management Association is authorized and

27  empowered:

28         (1)  To sue and be sued.

29         (2)  To contract.

30         (3)  To adopt and use a common seal and alter the same

31  at its pleasure.

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    Florida Senate - 2003        (NP)                      SB 2930
    31-2207A-03                                        See HB 1541




 1         (4)  To purchase, hold, lease, sell, or otherwise

 2  acquire and convey such real and personal property, and

 3  interest therein, as may be necessary or proper to carry out

 4  the purposes of this act.

 5         (5)  To make rules for its own government and

 6  proceedings.

 7         (6)  To employ consultants or other such agents as the

 8  board may require or deem necessary to accomplish the purposes

 9  of this act or to contract for any such services.

10         (7)  To plan, develop, and implement ride sharing and

11  transit services within the area of the District.

12         (8)  To accept grants and donations of type of

13  property, labor, or other thing of value from any private or

14  public source.

15         (9)  To adopt bylaws for the regulation of its affairs

16  and the conduct of its business.

17         (10)  To assess and impose non-ad valorem assessments

18  upon the lands in the District. The governing board shall not

19  have the power to levy ad valorem taxes.

20         (11)  To issue revenue bonds pursuant to section

21  189.4085, Florida Statutes, and otherwise by general law to

22  pay for capital improvements necessary to meet the purposes of

23  the District.

24         (12)  To issue refunding bonds, pursuant to section

25  189.4085, Florida Statutes, and otherwise by general law to

26  refund any bonds then outstanding which shall have been issued

27  under the provisions of this act.

28         (13)  The district shall not be empowered or authorized

29  in any manner to create a debt as against the state, county,

30  or any or all of the cities, and may not pledge the full faith

31  and credit of the state, county, or any of the cities. All

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    Florida Senate - 2003        (NP)                      SB 2930
    31-2207A-03                                        See HB 1541




 1  revenue bonds or debt obligations shall contain on the face

 2  thereof a statement to the effect that the state, county, or

 3  any of the cities in which the District is located shall not

 4  be obligated to pay the same or the interest and that they are

 5  only payable from revenues of the project or the portion

 6  thereof for which they are issued and neither the full faith

 7  and credit nor the taxing power of the state or of any

 8  political subdivision thereof is pledged to the payment of the

 9  principal of or the interest on such bonds. The issuance of

10  revenue or refunding bonds under the provisions of this act

11  shall directly or indirectly or contingently obligate the

12  state, county, or any of the cities in which the district is

13  located to levy or pledge any form of taxation whatever

14  therefor or to make any appropriation for their payment.

15         (14)  To do all acts or things necessary or convenient

16  to carry out the powers expressly granted in this act.

17         Section 6.  Organization, compensation, and

18  administrative duties of the governing board of the

19  district.--

20         (1)  There shall be at least one regular meeting of the

21  governing body each quarter. The regular meeting of the

22  governing body shall be conducted at a public building located

23  within the geographical boundaries of the district. Meetings

24  shall be held pursuant to sections 189.416 and 189.417,

25  Florida Statutes.

26         (2)  Special meetings or workshop meetings of the

27  governing body may be called from time to time by the chair,

28  vice chair, or by a majority of the members of the governing

29  body.

30         (3)  The members of the governing body shall serve

31  without compensation, except for reimbursement of reasonable

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    Florida Senate - 2003        (NP)                      SB 2930
    31-2207A-03                                        See HB 1541




 1  and necessary expenses as provided for in chapter 112, Florida

 2  Statutes, as amended from time to time.

 3         Section 7.  Financial disclosure, noticing, and

 4  reporting requirements of the District.--The District shall

 5  comply with the financial disclosure, noticing, and reporting

 6  requirements of section 189.418, Florida Statutes. The

 7  District shall prepare and submit reports, budgets, and audits

 8  as provided in sections 189.415 and 189.418, Florida Statutes.

 9         Section 8.  Procedure for conducting any district

10  elections or referenda.--Elections shall be conducted by the

11  Supervisor of Elections in accordance with and consistent with

12  the Florida Election Code.

13         Section 9.  Planning requirements.--The district's

14  planning requirements shall be as set forth within section

15  189.4155, Florida Statutes.

16         Section 10.  If any section, sentence, clause, or

17  phrase of this act is held to be invalid or unconstitutional

18  by any court of competent jurisdiction, then said holding

19  shall in no way affect the validity of the remaining portions

20  of this act.

21         Section 11.  This act shall take effect upon becoming a

22  law.

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