House Bill hb0325

    Florida House of Representatives - 2002                 HB 325

        By Representative Prieguez






  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,

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 325

    708-133-02






  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 shall 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 the physical dimensions and location of the highway

22  are preserved; nor to prevent the removal or replacement of

23  any landscaping, including any mahogany trees located on

24  either side of the paved surface of the road, if such

25  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 House of Representatives - 2002                 HB 325

    708-133-02






  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                          HOUSE 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.