Senate Bill sb1010e1
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    SB 1010                                        First Engrossed
  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 and the City
  5         of Miami in Miami-Dade County as a state
  6         historic road; prohibiting the expenditure of
  7         state funds for certain purposes; providing
  8         construction of the act; directing the Division
  9         of Historical Resources of the Department of
10         State to provide for the erection of suitable
11         markers; providing an effective date.
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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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    SB 1010                                        First Engrossed
  1  Be It Enacted by the Legislature of the State of Florida:
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  3         Section 1.  That portion of Le Jeune Road situated
  4  within the corporate limits of the City of Coral Gables and
  5  the City of Miami and lying between U.S. Highway 1 and
  6  Cartagena Plaza is hereby designated as a state historic road.
  7  No state funds may be expended by any public body or agency
  8  for the following 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.
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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 the City of Miami and lying between U.S. Highway 1
21  and Cartagena Plaza, provided that the physical dimensions and
22  location of the highway are preserved; nor to prevent the
23  removal or replacement of any landscaping, including any
24  mahogany trees located on either side of the paved surface of
25  the road, if such landscaping is determined by the appropriate
26  governmental authority to be diseased or damaged; nor to
27  prevent any work that is necessary for the public health or
28  safety as determined by the agency having jurisdiction over
29  the portion of Le Jeune Road described in this section; nor to
30  prevent the removal of invasive plant species on the roadway
31  or right-of-way; nor to prevent such action deemed necessary
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    SB 1010                                        First Engrossed
  1  to 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.
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