n2021-4_b024_f08_x01_01

A BILL TO BE ENTITLED

AN ACT TO DEFINE, ESTABLISH AND FIX A DEFINITE POLICY AND PLAN FOR THE DEVELOPMENT OF ROAD AND HIGHWAY BEAUTIFICATION AND CONSERVATION, MAKING IT A PART OF THE INCLUSION OF IT IN ALL ROAD CONSTRUCTION BUILDING PROGRAMS OF THE STATE ROAD DEPARTMENT AND OF THE COUNTY ROADS UNDER BOARDS OF COUNTY COMMISSIONERS OF FLORIDA; FIXING UNIFORM AND STANDARD RIGHT OF WAYS; PROVIDING FUNDS FOR THE WORK; CREATING THE POSITION OF “DIRECTOR OF CONSERVATION”, DEFINING HIS OFFICIAL STATUS, DUTIES, SALARY, AND THE MANNER OF HIS APPOINTMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:

SECTION 1. That Highway Beautification shall be defined as the conservation of natural growth and replanting where found necessary along the right of ways of all state and county roads in Florida. Beautification shall be construed as a part of all road construction in Florida, and made the duty of the State Road Department and all Boards of County Commissioners to include the road and highway beautification work in all and every program of road construction planned, or all and every contract let for road construction or improvement or repair. Highway Beautification shall be understood to mean the replanting and restoration of the natural beauty of all roadsides in Florida where the beauty of the natural growth has been destroyed and the roads denuded. That the beauty of all roads projected for the future must be conserved and restored by replating wherever needed.

SECTION 2. The Governor shall appoint a “Director of Conservation” who shall be an expert in conservation and planting, and who shall hold office at the will of the Governor. He shall not only have a knowledge of plant life, but must be regarded as an authority on roadside and highway beautificat

ion. He is to be in entire charge of all such work for the State Road Department and advisory to county authorities when called upon. He shall be paid a salary to be fixed by the State Road Department, and shall give his entire time to the work. He shall cause to be made a survey of right of ways for beautification work, in advance of road construction, after such right of way line has been definitely fixed and designated by the chief engineer. He shall be furnished equipment necessary for all his work and convicts, or other labor, shall be assigned to him for work when needed, upon his requisition to and according to the judgment of the Department. The “Director of Conservation” shall be authorized to meet with the State Road Department and to cast one vote equal to the vote of a member of the State Road Department on all questions to be determined by the State Road Department affecting and involving the beautification of highways, and, in the event of a tie vote being the result of such voting on such question, the vote of that group voting with the “Director of Conservation” shall prevail. The “Director of Conservation” shall be authorized to invite these outstanding in their work for Highway Beautification in Florida to form and constitute a Citizens’ Advisory Group.

SECTION 3. Beginning with October 1, 1929, no new right of ways shall be less that 100 feet in width and either county or state highway construction. Provided, however, that this shall not apply to the right of ways hitherto existing. When found necessary to the development of future plans for widening road beds, or putting into effect Beautification projects, 125 feet or more right of way is hereby authorized.

Widening of the road beds, when found necessary and advisable, shall be done uniformly from both sides of the road paving,

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making equal width addition to each side.

SECTION 4. That 17 feet, out of all 100 foot right of ways shall be left on each side of road bed and be set aside for conservation and replanting for beautification work. An equally proportionate width shall be set aside for beautification on wider right of ways. The strip of right of way on each side of road construction to be left for conservation of natural growth and replanting, must be staked off and only stumps, dead trees, and other growth removed under the direction of the “Director of Conservation”. That in replanting, the reproduction of nature shall have first consideration, except in residential sections where property owners shall be privileged to design their own planting, with the approval of the “Director of Conservation”.

SECTION 5. Hereafter, telephone, telegraph, electric light, and power companies authorized under law to use right of ways, shall be required to locate all poles on the outer edge of right of ways of all State and County roads. Wire-using companies interested to be consulted when necessary to move poles set previous to the passage of this law.

SECTION 6. No buildings, or structures of any kind, fences or other encroachments shall be permitted to remain on any county or state road of highway right of ways after the passage of this Act.

SECTION 7. The Board of County Commissioners shall in their discretion make appropriations according to the needs of their respective counties for road and highway beautification work and are authorized to cooperate with local county beautification organizations.

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SECTION 8. The “Director of Conservation” shall secure prices and bids for plants, shrubs and trees and for planting when deemed a more economical plant for any certain special type of planting and present same for the approval of the State Road Department before same is accepted or purchase made. He is also authorized to establish nurseries where necessary for more satisfactory planting results, but only when approved by the State Road Department.

SECTION 9. A definite and certain sum from the State Road Department Fund shall be allotted in each budget made by the State Road Department for Beautification work upon estimate of cost of work submitted by the “Director of Conservation” for such roads as are under consideration for construction at such time, and ample provision shall be made for roads already hard surfaced on his recommendation, when such funds are available and upon approval of the State Road Department.

SECTION 10. It shall be the duty of the State Road Department to take such steps as are necessary to make available for the work under the “Director of Conservation” Federal Funds provided for Beautification work in amendment by Congress to the Federal Aid Road Act approved May 21, 1928, which reads:

“Section 2. In every case in which, in the judgement of the Secretary of Agriculture and the Highways Department of the State in question it shall be practicable to replant and maintain shade trees along the highways authorized by said Act of November 9, 1921, and by this Act, the planting of such trees shall be included in the specifications provided in Section 8 of said Act of November 9, 1921”.

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SECTION 11. If any section or matter in this Act shall be held to be unconstitutional or invalid it shall not effect the validity of the remaining parts of this Act, and said unconstitutional or invalid part may be eliminated from this Act, and the remaining portion or portions thereof shall be and remain in full force and effect and be as valid as if such invalid clause or section or matter had not been incorporated herein.

SECTION 12. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SECTION 13. This Act shall take effect upon its passage and approval by the Governor, or on becoming a law without his approval.