Senate Bill sb1010
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1010
    By Senator Silver
    38-1070-02                                          See HB 325
  1                      A bill to be entitled
  2         An act relating to road designations;
  3         designating a specified portion of Le Jeune
  4         Road in the City of Coral Gables in Miami-Dade
  5         County as a state historic road; prohibiting
  6         the expenditure of state funds for certain
  7         purposes; providing construction of the act;
  8         directing the Division of Historical Resources
  9         of the Department of State to provide for the
10         erection of suitable markers; providing an
11         effective date.
12
13         WHEREAS, the master plan of the City of Coral Gables,
14  created in the early 1920's, was a singular achievement
15  unequaled in its blend of beauty and practicality and
16  unsurpassed in its foresight, and
17         WHEREAS, that portion of Le Jeune Road situated within
18  the corporate limits of the City of Coral Gables and lying
19  between U.S. Highway 1 and Cartagena Plaza is a roadway graced
20  by huge mahogany trees that have matured for at least 40
21  years, forming a canopy for the roadway that offers shade to
22  residents and passersby and thereby creating the beauty and
23  repose sought by the founder of the City of Coral Gables,
24  George E. Merrick, and
25         WHEREAS, the citizens of the City of Coral Gables have
26  expressed their unalterable opposition to the widening of this
27  portion of Le Jeune Road, to the alteration of its appearance,
28  or to its utilization as a north-south arterial highway, and
29         WHEREAS, the citizens of the City of Coral Gables
30  desire to maintain the historic and aesthetic beauty of this
31  portion of Le Jeune Road, NOW, THEREFORE,
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1010
    38-1070-02                                          See HB 325
  1  Be It Enacted by the Legislature of the State of Florida:
  2
  3         Section 1.  That portion of Le Jeune Road situated
  4  within the corporate limits of the City of Coral Gables and
  5  lying between U.S. Highway 1 and Cartagena Plaza is hereby
  6  designated as a state historic road. No state funds may be
  7  expended by any public body or agency for the following
  8  purposes:
  9         (1)  To widen or broaden that portion of Le Jeune Road
10  described in this section or to alter its physical dimensions
11  or location.
12         (2)  To alter, remove, or replace any landscaping of
13  that portion of Le Jeune Road described in this section, which
14  shall include any mahogany trees on either side of the paved
15  surface of the road.
16
17  Nothing in this act shall be construed to prevent the ordinary
18  maintenance and repair of that portion of Le Jeune Road
19  situated within the corporate limits of the City of Coral
20  Gables and lying between U.S. Highway 1 and Cartagena Plaza,
21  provided that the physical dimensions and location of the
22  highway are preserved; nor to prevent the removal or
23  replacement of any landscaping, including any mahogany trees
24  located on either side of the paved surface of the road, if
25  such landscaping is determined by the appropriate governmental
26  authority to be diseased or damaged; nor to prevent any work
27  that is necessary for the public health or safety as
28  determined by the agency having jurisdiction over the portion
29  of Le Jeune Road described in this section; nor to prevent the
30  removal of invasive plant species on the roadway or
31  right-of-way; nor to prevent such action deemed necessary to
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1010
    38-1070-02                                          See HB 325
  1  clear or maintain the road subsequent to a natural disaster
  2  such as a hurricane. The term "ordinary maintenance" means
  3  those activities necessary to preserve the existing traffic
  4  patterns and to accommodate the volume of traffic operating on
  5  that portion of Le Jeune Road described in this section on the
  6  effective date of this act. However, the preservation of the
  7  portion of Le Jeune Road described in this section and its
  8  landscaping take priority over considerations of traffic
  9  management, and the public safety shall not be construed to
10  require alterations in that portion of Le Jeune Road described
11  in this section or its landscaping when alternative means of
12  promoting safety, including more restrictive regulations, are
13  available.
14         Section 2.  The Division of Historical Resources of the
15  Department of State shall provide for the erection of suitable
16  markers on and along that portion of Le Jeune Road described
17  in section 1 of this act.
18         Section 3.  The provisions of this act shall not
19  supersede a more restrictive law, ordinance, or rule already
20  in effect or taking effect after the effective date of this
21  act.
22         Section 4.  This act shall take effect upon becoming a
23  law.
24
25            *****************************************
26                       LEGISLATIVE SUMMARY
27
      Designates a specified portion of Le Jeune Road in the
28    City of Coral Gables in Miami-Dade County as a state
      historic road. Prohibits the expenditure of state funds
29    for certain purposes. Provides construction of the act.
      Directs the Division of Historical Resources of the
30    Department of State to provide for the erection of
      suitable markers.
31
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CODING: Words stricken are deletions; words underlined are additions.