Senate Bill sb0138e2

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    CS for SB 138                                 Second Engrossed



  1                      A bill to be entitled

  2         An act relating to transportation facilities;

  3         designating John F. Cosgrove Highway, Arnold M.

  4         Velazquez Boulevard, Marilyn Culp Way, Dr.

  5         Leonard Cherdack Memorial Highway, Athalie

  6         Range Boulevard, Sigmund Zilber Memorial

  7         Highway, Raul L. Martinez/Jose Abreu Pass,

  8         Mayor Raul L. Martinez Street, and Dr. Vicente

  9         Grau-Imperatori Street in Miami-Dade County;

10         designating William Nathey Bridge in Okaloosa

11         County; directing the Department of

12         Transportation to erect signage in Highlands

13         County to honor Sergeant Nicholas Sottile;

14         designating a portion of Brickell Avenue as a

15         state historic road in Miami-Dade County;

16         restricting certain alterations; amending s.

17         334.044, F.S.; revising provisions for the

18         purchase of plant materials by the Department

19         of Transportation for certain beautification

20         programs; designating the Rick Ricciardelli

21         Bridge in the City of North Miami; designating

22         Kevin John Fischer Memorial Highway in Volusia

23         County; designating Curtis Golden Boulevard in

24         Santa Rosa County; designating Judge William T.

25         Swigert Bridge in Marion County; designating

26         Carlin White Bridge in Palm Beach County;

27         designating The David Bogan Bridge in Escambia

28         County; designating Senator Richard H. Langley

29         Memorial Interchange in Orange County;

30         designating Ed Holt Boulevard, Moses Baker

31         Boulevard, C.D. Kinsey Street, Lawrence


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    CS for SB 138                                 Second Engrossed



 1         Callahan Highway, Bernard Wilkes Highway, Sarah

 2         Hayes Rice Road, and the James Weldon Johnson

 3         Memorial Highway in Duval County; directing the

 4         Department of Transportation to erect suitable

 5         markers; designating Robert L. Blum Bridge in

 6         Miami-Dade County; designating George W.

 7         Harris, Jr. Boulevard in Polk County;

 8         designating Angel Manuel De La Portilla Way,

 9         Dennis Pastrana Avenue, Luis Conte Aguero Way,

10         Estrella Rubio Way, Rafael Diaz Balart Road,

11         Ambassador Armando Valladares Drive, Fred

12         Havenick Way, and Isadore Hecht Street;

13         erecting markers in memory of Aristides Sastre

14         in Miami-Dade County; designating the Sheriff

15         Chris Daniels fountain; and designating Victor

16         Hernandez, Sr. Way in Miami-Dade County;

17         providing an effective date.

18  

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

20  

21         Section 1.  John F. Cosgrove Highway designated;

22  Department of Transportation to erect suitable markers.--

23         (1)  That portion of State Road 821, the Florida

24  Turnpike Homestead Extension, between exit 16 at S.W. 152nd

25  Street and exit 11 at S.W. 216th Street in Miami-Dade County

26  is designated as the "John F. Cosgrove Highway."

27         (2)  The Department of Transportation is directed to

28  erect suitable markers designating the John F. Cosgrove

29  Highway as described in subsection (1).

30         Section 2.  Arnold M. Velazquez Boulevard designated;

31  Department of Transportation to erect suitable markers.--


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    CS for SB 138                                 Second Engrossed



 1         (1)  That portion of Flagler Avenue N.W. between 72nd

 2  Avenue and 67th Avenue in Miami-Dade County is designated as

 3  "Arnold M. Velazquez Boulevard."

 4         (2)  The Department of Transportation is directed to

 5  erect suitable markers designating Arnold M. Velazquez

 6  Boulevard as described in subsection (1).

 7         Section 3.  Marilyn Culp Way designated; Department of

 8  Transportation to erect suitable markers.--

 9         (1)  That portion of Coral Way between S.W. 31st Avenue

10  and S.W. 25th Avenue in Miami-Dade County is designated as

11  "Marilyn Culp Way."

12         (2)  The Department of Transportation is directed to

13  erect suitable markers designating Marilyn Culp Way as

14  described in subsection (1).

15         Section 4.  Dr. Leonard Cherdack Memorial Highway

16  designated; Department of Transportation to erect suitable

17  markers.--

18         (1)  That portion of Kendall Drive between 107th Avenue

19  and 87th Avenue in Miami-Dade County is designated as "Dr.

20  Leonard Cherdack Memorial Highway."

21         (2)  The Department of Transportation is directed to

22  erect suitable markers designating the Dr. Leonard Cherdack

23  Memorial Highway as described in subsection (1).

24         Section 5.  Athalie Range Boulevard designated;

25  Department of Transportation to erect suitable markers.--

26         (1)  The portion of Biscayne Boulevard/U.S. 1/State

27  Road 5, between N.E. 54th Street and N.E. 96th Street in

28  Miami-Dade County is designated as the "Athalie Range

29  Boulevard."

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    CS for SB 138                                 Second Engrossed



 1         (2)  The Department of Transportation is directed to

 2  erect suitable markers designating the Athalie Range Boulevard

 3  as described in subsection (1).

 4         Section 6.  Kevin John Fischer Memorial Highway

 5  designated; Department of Transportation to erect suitable

 6  markers.--

 7         (1)  That portion of Interstate 95 between State Road

 8  400 and State Road 600 in Volusia County is designated as

 9  "Kevin John Fischer Memorial Highway."

10         (2)  The Department of Transportation is directed to

11  erect suitable markers designating Kevin John Fischer Memorial

12  Highway as described in subsection (1).

13         Section 7.  Curtis Golden Boulevard designated;

14  Department of Transportation to erect suitable markers.--

15         (1)  That portion of State Road 191 from the

16  intersection of Garcon Point Road and Forsythe Street in the

17  City of Bagdad south to the intersection of Avalon

18  Boulevard/State Road 281 in Santa Rosa County is designated as

19  "Curtis Golden Boulevard."

20         (2)  The Department of Transportation is directed to

21  erect suitable markers designating Curtis Golden Boulevard as

22  described in subsection (1).

23         Section 8.  Ed Holt Boulevard designated; Department of

24  Transportation to erect suitable markers.--

25         (1)  That portion of Martin Luther King Boulevard

26  between Phoenix Avenue and Boulevard Street in Duval County is

27  designated as "Ed Holt Boulevard."

28         (2)  The Department of Transportation is directed to

29  erect suitable markers designating Ed Holt Boulevard as

30  described in subsection (1).

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    CS for SB 138                                 Second Engrossed



 1         Section 9.  Moses Baker Boulevard designated;

 2  Department of Transportation to erect suitable markers.--

 3         (1)  That portion of Martin Luther King Boulevard

 4  between North Myrtle Avenue and Fairfax Street in Duval County

 5  is designated as "Moses Baker Boulevard."

 6         (2)  The Department of Transportation is directed to

 7  erect suitable markers designating Moses Baker Boulevard as

 8  described in subsection (1).

 9         Section 10.  C. D. Kinsey Street designated; Department

10  of Transportation to erect suitable markers.--

11         (1)  That portion of Beaver Street between Stockton

12  Street and Edgewood Avenue in Duval County is designated as

13  "C. D. Kinsey Street."

14         (2)  The Department of Transportation is directed to

15  erect suitable markers designating C. D. Kinsey Street as

16  described in subsection (1).

17         Section 11.  Lawrence Callahan Highway designated;

18  Department of Transportation to erect suitable markers.--

19         (1)  That portion of U.S. Highway 1 between Red Poll

20  Road and Soutel Drive in Duval County is designated as

21  "Lawrence Callahan Highway."

22         (2)  The Department of Transportation is directed to

23  erect suitable markers designating Lawrence Callahan Highway

24  as described in subsection (1).

25         Section 12.  Bernard Wilkes Highway designated;

26  Department of Transportation to erect suitable markers.--

27         (1)  That portion of U.S. Highway 1 between Richardson

28  Road and Soutel Drive in Duval County is designated as

29  "Bernard Wilkes Highway."

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    CS for SB 138                                 Second Engrossed



 1         (2)  The Department of Transportation is directed to

 2  erect suitable markers designating Bernard Wilkes Highway as

 3  described in subsection (1).

 4         Section 13.  Sarah Hayes Rice Road designated;

 5  Department of Transportation to erect suitable markers.--

 6         (1)  That portion of Lem Turner Road between Rowe

 7  Avenue and I-95 is designated as "Sarah Hayes Rice Road."

 8         (2)  The Department of Transportation is directed to

 9  erect suitable markers designating Sarah Hayes Rice Road as

10  described in subsection (1).

11         Section 14.  James Weldon Johnson Memorial Highway

12  designated; Department of Transportation to erect suitable

13  markers.--

14         (1)  That portion of I-95 Southbound from Dunn Avenue

15  to the I-10 interchange and I-10 Eastbound from Lane Avenue to

16  I-95 in Duval County is designated as the "James Weldon

17  Johnson Memorial Highway."

18         (2)  The Department of Transportation is directed to

19  erect suitable markers designating the James Weldon Johnson

20  Memorial Highway as described in subsection (1).

21         Section 15.  Sigmund Zilber Memorial Highway

22  designated; Department of Transportation to erect suitable

23  markers.--

24         (1)  That portion of U.S. Highway 1 (Biscayne Blvd.)

25  between 135th St. and 151st St., in Miami-Dade County is

26  designated as "Sigmund Zilber Memorial Highway."

27         (2)  The Department of Transportation is directed to

28  erect suitable markers designating the Sigmund Zilber Memorial

29  Highway as described in subsection (1).

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    CS for SB 138                                 Second Engrossed



 1         Section 16.  Judge William T. Swigert Bridge

 2  designated; Department of Transportation to erect suitable

 3  markers.--

 4         (1)  The bridge over the railroad tracks on State Road

 5  441 at N.W. 3rd Street and N.W. 8th Street in the City of

 6  Ocala in Marion County is designated as "Judge William T.

 7  Swigert Bridge."

 8         (2)  The Department of Transportation is directed to

 9  erect suitable markers designating Judge William T. Swigert

10  Bridge as described in subsection (1).

11         Section 17.  Rick Ricciardelli Bridge designated;

12  Department of Transportation to erect suitable markers.--

13         (1)  The bridge across Memorial Canal on NE 125th

14  Street near Griffing Boulevard in the City of North Miami is

15  designated as the "Rick Ricciardelli Bridge."

16         (2)  The Department of Transportation is directed to

17  erect suitable markers designating the Rick Ricciardelli

18  Bridge as described in subsection (1).

19         Section 18.  Carlin White Bridge designated; Department

20  of Transportation to erect suitable markers.--

21         (1)  The US Hwy. 1 Bridge that crosses the Loxahatchee

22  River at the inlet in the City of Jupiter/Tequesta in Palm

23  Beach County is designated as "Carlin White Bridge."

24         (2)  The Department of Transportation is directed to

25  erect suitable markers designating the Carlin White Bridge as

26  described in subsection (1).

27         Section 19.  Senator Richard H. Langley Memorial

28  Interchange designated; Department of Transportation to erect

29  suitable markers.--

30         (1)  The interchange of the Florida Turnpike and State

31  Road 50 West near the Town of Oakland in Orange County is


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    CS for SB 138                                 Second Engrossed



 1  designated as "Senator Richard H. Langley Memorial

 2  Interchange."

 3         (2)  The Department of Transportation is directed to

 4  erect suitable markers designating the Senator Richard H.

 5  Langley Memorial Interchange as described in subsection (1).

 6         Section 20.  The David Bogan Bridge designated;

 7  Department of Transportation to erect suitable markers.--

 8         (1)  The bridge on I-10 that crosses the Escambia Bay

 9  in Escambia County is designated as "The David Bogan Bridge."

10         (2)  The Department of Transportation is directed to

11  erect suitable markers designating The David Bogan Bridge as

12  described in subsection (1).

13         Section 21.  Raul L. Martinez/Jose Abreu Pass

14  designated; Department of Transportation to erect suitable

15  markers.--

16         (1)  That portion of Okeechobee Road, U.S. Highway

17  27/State Road 25, between W. 12th Street and W. 19th Street in

18  Miami-Dade County is designated as "Raul L. Martinez/Jose

19  Abreu Pass."

20         (2)  The Department of Transportation is directed to

21  erect suitable markers designating Raul L. Martinez/Jose Abreu

22  Pass as described in subsection (1).

23         Section 22.  Mayor Raul L. Martinez Street designated;

24  Department of Transportation to erect suitable markers.--

25         (1)  That portion of 49th Street within the boundaries

26  of the City of Hialeah in Miami-Dade County is designated as

27  "Mayor Raul L. Martinez Street."

28         (2)  The Department of Transportation is directed to

29  erect suitable markers designating Mayor Raul L. Martinez

30  Street as described in subsection (1).

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    CS for SB 138                                 Second Engrossed



 1         Section 23.  Dr. Vicente Grau-Imperatori Street

 2  designated; Department of Transportation to erect suitable

 3  markers.--

 4         (1)  That portion of S.W. 8th Street between S.W. 67th

 5  Avenue and S.W. 72nd Avenue in Miami-Dade County is designated

 6  as "Dr. Vicente Grau-Imperatori Street."

 7         (2)  The Department of Transportation is directed to

 8  erect suitable markers designating Dr. Vicente Grau-Imperatori

 9  Street as described in subsection (1).

10         Section 24.  William Nathey Bridge designated;

11  Department of Transportation to erect suitable markers.--

12         (1)  That bridge, number 570125, on State Road 85,

13  which crosses Boggy Bayou in Okaloosa County, is designated as

14  "William Nathey Bridge."

15         (2)  The Department of Transportation is directed to

16  erect suitable markers designating William Nathey Bridge as

17  described in subsection (1).

18         Section 25.  Sergeant Nicholas Sottile honored;

19  Department of Transportation to erect suitable markers.--

20         (1)  That portion of State Road 70 near U.S. Highway 27

21  in Highlands County is dedicated to the memory of Highway

22  Patrol Sergeant Nicholas Sottile.

23         (2)  The Department of Transportation is directed to

24  erect suitable signage, pursuant to subsection (1), bearing

25  the inscription, "In Memory of Sergeant Nicholas Sottile of

26  the Florida Highway Patrol, who was killed in the line of duty

27  during a traffic stop."

28         Section 26.  (1)  That portion of Brickell Avenue

29  situated within the corporate limits of the City of Miami and

30  lying between S.E. 25th Street and the south shoreline of the

31  Miami River is designated as a state historic road. No state


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    CS for SB 138                                 Second Engrossed



 1  funds shall be expended by any public body or agency to alter

 2  its location whether by extension of its boundaries or the

 3  extension of the name Brickell Avenue.

 4         (2)  Nothing in this section shall be construed to

 5  prevent the ordinary maintenance and repair of that portion of

 6  Brickell Avenue situated within the corporate limits of the

 7  City of Miami and lying between S.E. 25th Street and the south

 8  shoreline of the Miami River, provided the location of the

 9  historic road is preserved; to prevent the removal or

10  replacement of any landscaping, including any hammock, banyan,

11  or mahogany trees located on either side of the paved surface

12  of the road or in the central media of the road; to prevent

13  any work that is necessary for the public health or safety as

14  determined by the agency having jurisdiction over that portion

15  of Brickell Avenue described in subsection (1); to prevent the

16  removal of invasive plant species on the roadway or

17  right-of-way; to prevent such action deemed necessary to clear

18  or maintain the road subsequent to a natural disaster such as

19  a hurricane; to limit widening or physical changes to Brickell

20  Avenue to improve vehicular or pedestrian movement; or to

21  limit the commercial development adjacent to the roadway. The

22  term "ordinary maintenance" means those activities necessary

23  to preserve the existing traffic patterns and to accommodate

24  the volume of traffic operating on that portion of Brickell

25  Avenue described in subsection (1) as of July 1, 2007.

26  However, the preservation of that portion of Brickell Avenue

27  described in subsection (1) takes priority over considerations

28  of traffic management, and the public safety shall not be

29  construed to require alterations in that portion of Brickell

30  Avenue described in subsection (1) or its landscaping when

31  


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    CS for SB 138                                 Second Engrossed



 1  alternative means of promoting safety, including more

 2  restrictive regulations, are available.

 3         Section 27.  Subsection (26) of section 334.044,

 4  Florida Statutes, is amended to read:

 5         334.044  Department; powers and duties.--The department

 6  shall have the following general powers and duties:

 7         (26)  To provide for the conservation of natural

 8  roadside growth and scenery and for the implementation and

 9  maintenance of roadside beautification programs. To accomplish

10  this, for fiscal years 1999-2000, 2000-2001, and 2001-2002 no

11  less than 1 percent, and for subsequent fiscal years no less

12  than 1.5 percent of the amount contracted for construction

13  projects shall be allocated by the department to

14  beautification programs. Except where prohibited by federal

15  law or federal regulation and to the extent practical, a

16  minimum of 50 percent of these funds shall be used to purchase

17  large plant materials with the remaining funds for other plant

18  materials. All such plant and these materials shall be

19  purchased from Florida-based nurseryman stock on a uniform

20  competitive bid basis. The department will develop grades and

21  standards for landscaping materials purchased through this

22  process. To accomplish these activities, the department may

23  contract with nonprofit organizations having the primary

24  purpose of developing youth employment opportunities.

25         Section 28.  Robert L. Blum Bridge designated;

26  Department of Transportation to erect suitable markers.--

27         (1)  The bridge over Indian Creek on West 41st Street

28  in the City of Miami Beach in Miami-Dade County is designated

29  as "Robert L. Blum Bridge."

30  

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    CS for SB 138                                 Second Engrossed



 1         (2)  The Department of Transportation is directed to

 2  erect suitable markers designating Robert L. Blum Bridge as

 3  described in subsection (1).

 4         Section 29.  George W. Harris, Jr. Boulevard

 5  designated; Department of Transportation to erect suitable

 6  markers.--

 7         (1)  That portion of U.S. Highway 98/State Road 35/700

 8  in Polk County between Main Street in Bartow and Main Street

 9  in Lakeland is designated as "George W. Harris, Jr.

10  Boulevard."

11         (2)  The Department of Transportation is directed to

12  erect suitable markers designating George W. Harris, Jr.

13  Boulevard as described in subsection (1).

14         Section 30.  Angel Manuel De La Portilla Way

15  designated; Department of Transportation to erect suitable

16  markers.--

17         (1)  That portion of S.W. 12th Avenue between Coral Way

18  and S.W. 8th Street in Miami-Dade County is designated as

19  "Angel Manuel De La Portilla Way."

20         (2)  The Department of Transportation is directed to

21  erect suitable markers designating Angel Manuel De La Portilla

22  Way as described in subsection (1).

23         Section 31.  Dennis Pastrana Avenue designated;

24  Department of Transportation to erect suitable markers.--

25         (1)  That portion of N.W. 21st Avenue between N.W. 20th

26  Street and N.W. 23rd Street in Miami-Dade County is designated

27  as "Dennis Pastrana Avenue."

28         (2)  The Department of Transportation is directed to

29  erect suitable markers designating Dennis Pastrana Avenue as

30  described in subsection (1).

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    CS for SB 138                                 Second Engrossed



 1         Section 32.  Luis Conte Aguero Way designated;

 2  Department of Transportation to erect suitable markers.--

 3         (1)  That portion of 27th Avenue between Coral Way and

 4  S.W. 8th Street in Miami-Dade County is designated as "Luis

 5  Conte Aguero Way."

 6         (2)  The Department of Transportation is directed to

 7  erect suitable markers designating Luis Conte Aguero Way as

 8  described in subsection (1).

 9         Section 33.  Estrella Rubio Way designated; Department

10  of Transportation to erect suitable markers.--

11         (1)  That portion of LeJeune Road/S.W. 42nd Avenue

12  between S.W. 8th Street and Coral Way in Miami-Dade County is

13  designated as "Estrella Rubio Way."

14         (2)  The Department of Transportation is directed to

15  erect suitable markers designating Estrella Rubio Way as

16  described in subsection (1).

17         Section 34.  Rafael Diaz Balart Road designated;

18  Department of Transportation to erect suitable markers.--

19         (1)  That portion of LeJeune Road/S.W. 42nd Avenue

20  between Flagler Street and S.W. 8th Street in Miami-Dade

21  County is designated as "Rafael Diaz Balart Road."

22         (2)  The Department of Transportation is directed to

23  erect suitable markers designating Rafael Diaz Balart Road as

24  described in subsection (1).

25         Section 35.  Ambassador Armando Valladares Drive

26  designated; Department of Transportation to erect suitable

27  markers.--

28         (1)  That portion of N. Kendall Drive between S.W.

29  117th Avenue and S.W. 127th Avenue in Miami-Dade County is

30  designated as "Ambassador Armando Valladares Drive."

31  


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    CS for SB 138                                 Second Engrossed



 1         (2)  The Department of Transportation is directed to

 2  erect suitable markers designating Ambassador Armando

 3  Valladares Drive as described in subsection (1).

 4         Section 36.  Fred Havenick Way designated; Department

 5  of Transportation to erect suitable markers.--

 6         (1)  That portion of N.W. 2nd Terrace between N.W. 37th

 7  Avenue and N.W. 38th Court in Miami-Dade County is designated

 8  as "Fred Havenick Way."

 9         (2)  The Department of Transportation is directed to

10  erect suitable markers designating Fred Havenick Way as

11  described in subsection (1).

12         Section 37.  Aristides Sastre honored; Department of

13  Transportation to erect suitable markers.--

14         (1)  The corner of W. Flagler Street, State Road 968,

15  and LeJeune Road, State Road 953, in Miami-Dade County is

16  dedicated to the memory of Aristides Sastre.

17         (2)  The Department of Transportation is directed to

18  erect suitable markers in honor of Aristides Sastre as

19  described in subsection (1).

20         Section 38.  Isadore Hecht Street designated;

21  Department of Transportation to erect suitable markers.--

22         (1)  That portion of N.W. 7th Street between N.W. 37th

23  Avenue and N.W. 38th Court in Miami-Dade County is designated

24  as "Isadore Hecht Street."

25         (2)  The Department of Transportation is directed to

26  erect suitable markers designating Isadore Hecht Street as

27  described in subsection (1).

28         Section 39.  Sheriff Chris Daniels Fountain designated;

29  Department of Transportation to permit suitable marker.--

30         (1)  The fountain located in the water retention area

31  bordered by U.S. 441, Old U.S. 441 and State Road 19 in


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    CS for SB 138                                 Second Engrossed



 1  Tavares, Lake County, is designated as the "Sheriff Chris

 2  Daniels Memorial Fountain."

 3         (2)  The Department of Transportation is directed to

 4  permit the construction and maintenance by the City of Tavares

 5  of a suitable marker with identification of donors at a

 6  location in proximity to the water retention area, of a type

 7  consistent with applicable safety and design criteria.

 8         Section 40.  Victor Hernandez, Sr. Way designated;

 9  Department of Transportation to erect suitable markers.--

10         (1)  That portion of 7th Avenue NW, between 125th

11  Street and 135th Street in Miami-Dade County is designated as

12  "Victor Hernandez, Sr. Way."

13         (2)  The Department of Transportation is directed to

14  erect suitable markers designating Victor Hernandez, Sr. Way

15  as described in subsection (1).

16         Section 41.  This act shall take effect July 1, 2007.

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