Cabinet
Affairs |
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2 T H E C A B I N E T
3 S T A T E O F F L O R I D A
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Representing:
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STATE BOARD OF ADMINISTRATION
6 DIVISION OF BOND FINANCE
DEPARTMENT OF HIGHWAY SAFETY
7 AND MOTOR VEHICLES
DEPARTMENT OF LAW ENFORCEMENT
8 STATE BOARD OF EDUCATION
STATE BOARD OF CAREER EDUCATION
9 ADMINISTRATION COMMISSION
MARINE FISHERIES COMMISSION
10 TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND
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12 The above agencies came to be heard before
THE FLORIDA CABINET, Honorable Governor Chiles
13 presiding, in the Cabinet Meeting Room, LL-03,
The Capitol, Tallahassee, Florida, on Thursday,
14 October 12, 1995, commencing at approximately
9:43 a.m.
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18 Reported by:
19 LAURIE L. GILBERT
Registered Professional Reporter
20 Certified Court Reporter
Notary Public in and for
21 the State of Florida at Large
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23 ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
24 TALLAHASSEE, FLORIDA 32301
904/878-2221
25 1-800/934-9090
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1 APPEARANCES:
2 Representing the Florida Cabinet:
3 LAWTON CHILES
Governor
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BOB CRAWFORD
5 Commissioner of Agriculture
6 BOB MILLIGAN
Comptroller
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SANDRA B. MORTHAM
8 Secretary of State
9 BOB BUTTERWORTH
Attorney General
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BILL NELSON
11 Treasurer
12 FRANK T. BROGAN
Commissioner of Education
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ACCURATE STENOTYPE REPORTERS, INC.
October 12, 1995
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1 I N D E X
2 ITEM ACTION PAGE
3 STATE BOARD OF ADMINISTRATION:
(Presented by Ash Williams, Jr.,
4 Executive Director)
5 1 Approved 6
2 Approved 6
6 3 Approved 6
4 Approved 7
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DIVISION OF BOND FINANCE:
8 (Presented by J. Ben Watkins, III,
Director)
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1 Approved 8
10 2 Approved 9
3 Approved 10
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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES:
12 (Presented by Fred O. Dickinson, III,
Executive Director)
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1 Approved 12
14 2 Approved 12
3 Approved 12
15 4 Approved 12
5 Approved 13
16 6 Approved 13
17 DEPARTMENT OF LAW ENFORCEMENT:
(Presented by James T. Moore,
18 Executive Director)
19 1 Approved 16
2 Approved 16
20 3 Approved 17
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ACCURATE STENOTYPE REPORTERS, INC.
October 12, 1995
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1 I N D E X
(Continued)
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ITEM ACTION PAGE
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STATE BOARD OF EDUCATION:
4 (Presented by Robert L. Bedford,
Deputy Commissioner)
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Entire Agenda Deferred 19
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STATE BOARD OF CAREER EDUCATION:
7 (Presented by Robert L. Bedford,
Deputy Commissioner)
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1 Approved 21
9 2 Approved 21
10 ADMINISTRATION COMMISSION:
(Presented by Robert B. Bradley, Ph.D.,
11 Secretary)
12 1 Approved 22
2 Approved 22
13 3 Approved 22
14 MARINE FISHERIES COMMISSION:
(Presented by Russell S. Nelson, Ph.D.,
15 Executive Director)
16 A Approved 23
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ACCURATE STENOTYPE REPORTERS, INC.
October 12, 1995
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1 I N D E X
(Continued)
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ITEM ACTION PAGE
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BOARD OF TRUSTEES,
4 INTERNAL IMPROVEMENT
TRUST FUND:
5 (Presented by Virginia B. Wetherell,
Secretary)
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1 Approved 26
7 2 Approved 26
3 Approved 26
8 4 Approved 26
Additional 5 Approved 27
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10 CERTIFICATE OF REPORTER 37
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 12, 1995
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1 P R O C E E D I N G S
2 (The agenda items commenced at 11:06 a.m.)
3 GOVERNOR CHILES: All right. State Board
4 of Administration.
5 MR. WILLIAMS: Item 1 is the minutes from
6 our last meeting.
7 TREASURER NELSON: I move it.
8 COMPTROLLER MILLIGAN: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, minutes are adopted.
11 MR. WILLIAMS: Item 2 is an interest rate
12 exception for the Gateway Services District.
13 TREASURER NELSON: Move it.
14 COMPTROLLER MILLIGAN: And second.
15 GOVERNOR CHILES: Moved and seconded.
16 Without objection, it's approved.
17 MR. WILLIAMS: Item 3 is approval of
18 administrative rule to the Florida Hurricane
19 Catastrophe Fund.
20 TREASURER NELSON: Move it.
21 COMPTROLLER MILLIGAN: And second.
22 GOVERNOR CHILES: Moved and seconded.
23 Without objection, it's approved.
24 MR. WILLIAMS: Item 4 is authority to move
25 forward with legislation for the '96 regular
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 12, 1995
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1 session.
2 COMPTROLLER MILLIGAN: I move it.
3 TREASURER NELSON: Second.
4 GOVERNOR CHILES: Moved and seconded.
5 Without objection, it's approved.
6 MR. WILLIAMS: Thank you.
7 GOVERNOR CHILES: Thank you, sir.
8 (Treasurer Nelson exited the room.)
9 (The State Board of Administration Agenda
10 was concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
October 12, 1995
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1 GOVERNOR CHILES: Division of Bond Finance.
2 MR. WATKINS: Ladies and gentlemen, we have
3 three items for your consideration this
4 morning.
5 Item number 1 is approval of the minutes of
6 the September 28th meeting.
7 COMMISSIONER BROGAN: So move.
8 ATTORNEY GENERAL BUTTERWORTH: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 MR. WATKINS: Item number 2 relates to a
12 Comprehensive Equipment Financing Program that
13 had previously been done through the issuance of
14 certificates of participation and administered
15 by the Comptroller's office.
16 The current program as envisioned will be a
17 line of credit type facility which will be drawn
18 down on an as needed basis in order to reduce
19 the borrowing costs for state agencies.
20 The item itself relates to a resolution
21 authorizing the Division to prepare and
22 distribute an RFP for legal counsel to assist in
23 the planning and development of this program.
24 And we -- however, we will undertake to
25 survey the various state agencies and the legal
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
October 12, 1995
9
1 departments within those agencies to make sure
2 we don't have the legal expertise within the
3 state before we distribute that RFP.
4 ATTORNEY GENERAL BUTTERWORTH: Motion.
5 COMMISSIONER BROGAN: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, it's approved.
8 COMMISSIONER BROGAN: Governor, I
9 understand a lot of work went in on this between
10 your organization and the office of the
11 Comptroller. And it looks very good. Your --
12 both organizations are to be congratulated.
13 MR. WATKINS: Thank you, sir.
14 GOVERNOR CHILES: Looks like it will save
15 us some money. Glad to see that.
16 MR. WATKINS: That's the plan.
17 Item number 3 is a report of award of the
18 sale of 42.8 million dollars of refunding bonds
19 for the Facilities Management Program. The
20 bonds were sold at competitive sale on
21 September 19th.
22 We received bids and effectuated a debt
23 service savings of approximately
24 4.8 million dollars on a gross basis, and
25 approximately 2.7 million dollars on a present
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
October 12, 1995
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1 value basis.
2 COMMISSIONER BROGAN: Move approval,
3 Governor.
4 COMPTROLLER MILLIGAN: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 MR. WATKINS: Thank you, Governor.
8 GOVERNOR CHILES: Good work. Thank you.
9 (The Division of Bond Finance Agenda was
10 concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
October 12, 1995
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1 GOVERNOR CHILES: Department of Highway
2 Safety and Motor Vehicles.
3 ATTORNEY GENERAL BUTTERWORTH: Governor, as
4 Fred's coming up, I want to announce that the
5 Supreme Court has just issued its ruling on
6 the -- the impact fee case.
7 And originally, we were going to be paying
8 as a state 18.8 million dollars in legal fees on
9 that case. The Supreme Court today issued a
10 ruling and awarded fees to the tune of
11 6.5 million dollars.
12 GOVERNOR CHILES: Good.
13 ATTORNEY GENERAL BUTTERWORTH: So,
14 in essence, the consumers will be receiving back
15 over 12 million dollars more than they would
16 have. So we think it's a really great victory.
17 GOVERNOR CHILES: Very good.
18 MR. DICKINSON: And, General, we'll be --
19 we're processing those as we speak. So we'll
20 have you an update on that probably at the next
21 Cabinet meeting as to where we are, time line.
22 And working with all of your offices, of course.
23 Item 1 is approval of the minutes from the
24 August 22nd Cabinet meeting.
25 COMMISSIONER BROGAN: So move.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
October 12, 1995
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1 SECRETARY MORTHAM: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, the minutes are
4 approved.
5 MR. DICKINSON: Item 2 is approval of the
6 quarterly report for the quarter ending
7 June '95.
8 COMMISSIONER BROGAN: Move approval.
9 SECRETARY MORTHAM: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 MR. DICKINSON: Item 3 is a submission of
13 accomplishments relating to the '94-'95
14 Performance Contract.
15 SECRETARY MORTHAM: Move approval.
16 COMMISSIONER BROGAN: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, it's approved.
19 MR. DICKINSON: Item 4 is submission of
20 the '95-'96 Performance Contract of the
21 Executive Director of the Department.
22 COMMISSIONER BROGAN: Move it.
23 SECRETARY MORTHAM: Second.
24 GOVERNOR CHILES: Moved and seconded.
25 Without objection, it's approved.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
October 12, 1995
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1 MR. DICKINSON: Item 5 is submission of our
2 legislative budget request.
3 SECRETARY MORTHAM: Move approval.
4 COMMISSIONER BROGAN: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 MR. DICKINSON: And item 6, Governor, is
8 the submission of our legislative package.
9 SECRETARY MORTHAM: Move approval.
10 GOVERNOR CHILES: Moved and --
11 COMMISSIONER BROGAN: Seconded.
12 GOVERNOR CHILES: -- seconded.
13 Without objection, it's approved.
14 MR. DICKINSON: Governor, if I might, I
15 want to say thanks to the law enforcement
16 community. I know y'all have heard a lot of
17 talk about the hurricane.
18 GOVERNOR CHILES: Yes, sir.
19 MR. DICKINSON: But I'd like to add -- echo
20 those comments.
21 GOVERNOR CHILES: Your troopers did a great
22 job.
23 MR. DICKINSON: And we worked well with all
24 other statewide law enforcement. And I'd like
25 to say --
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
October 12, 1995
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1 (Treasurer Nelson entered the room.)
2 MR. DICKINSON: -- the sheriffs first --
3 well, not first time -- but were certainly
4 noticeable. A lot of the sheriffs and a lot of
5 manpower over there. And it was a big help.
6 GOVERNOR CHILES: Thank you.
7 COMMISSIONER BROGAN: Governor, I was
8 traveling on one of those days toward the end of
9 the week. And as I went out I-10 and down 75,
10 passed I think most of the 3500
11 national guardsmen, endless convoys of sheriffs'
12 automobiles, state trooper automobiles, fire and
13 rescue equipment, and -- and the cherry picker
14 trucks from the -- from the various utility
15 companies.
16 And it really -- it was an impressive thing
17 to see. And I hope that there were people
18 from -- traveling out of state who were on those
19 same roads, and certainly our own natives, they
20 had to be very impressed by what they saw on
21 those highways with the response that was coming
22 from all over the state of Florida.
23 It was something to see.
24 GOVERNOR CHILES: The calvary arrived
25 early, and stayed late.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
October 12, 1995
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1 Thank you.
2 MR. DICKINSON: Thank you.
3 (The Department of Highway Safety and
4 Motor Vehicles Agenda was concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
October 12, 1995
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1 GOVERNOR CHILES: Florida Department of Law
2 Enforcement.
3 MR. MOORE: Governor, item 1 is the minutes
4 of the August 22nd meeting.
5 COMMISSIONER BROGAN: So move.
6 ATTORNEY GENERAL BUTTERWORTH: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, it's approved.
9 MR. MOORE: Item 2 is transmission of the
10 Department's budget for the '96-'97 legislative
11 session.
12 COMMISSIONER BROGAN: Move it.
13 ATTORNEY GENERAL BUTTERWORTH: Second.
14 GOVERNOR CHILES: Moved and seconded.
15 Without objection, it's approved.
16 MR. MOORE: Governor, item 3 is amendments
17 to the existing Standards and Training Rule
18 under -- in our Division of Criminal Justice
19 Standards and Training that establishes
20 requirements for police officers and
21 correctional officers in this state.
22 This rule amendment is an improvement on an
23 already great system of policing the police in
24 our state. It has been a leader in the country
25 for fifteen plus rules. These -- fifteen plus
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
October 12, 1995
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1 years.
2 These rule amendments make it an even
3 better system. It's a product of a joint
4 legislative initiative between our agency and
5 the sheriffs and the chiefs of police, and even
6 the police unions last session, to make it clear
7 in terms of what is accepted conduct for police
8 officials and what is unaccepted in our state.
9 This will help us to do an even better job
10 of policing the police.
11 And I offer those rules for your
12 consideration.
13 COMMISSIONER BROGAN: I move approval.
14 SECRETARY MORTHAM: Second.
15 ATTORNEY GENERAL BUTTERWORTH: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, they're approved.
18 MR. MOORE: Thank you, Governor.
19 GOVERNOR CHILES: We want to thank you and
20 the Florida Department of Law Enforcement for
21 your effort. And I know you individually
22 coordinated the efforts. And I think it's been
23 an outstanding job.
24 MR. MOORE: Thank you, Governor.
25 I'll add my comments with Fred. Very proud
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
October 12, 1995
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1 of the men and women from state law enforcement
2 and local law enforcement. This year we invited
3 the Sheriff's Association to actually sit at our
4 emergency support functions desk over there in
5 the EOC, and it worked tremendously well. And
6 we're in the process of institutionalizing that
7 for the future.
8 Thank you for those comments.
9 GOVERNOR CHILES: Thank you.
10 (The Department of Law Enforcement Agenda
11 was concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
October 12, 1995
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1 GOVERNOR CHILES: State Board of Education.
2 COMMISSIONER BROGAN: Governor, I'd like to
3 ask that the -- two things: First of all, that
4 the regular State Board of Education agenda be
5 deferred for today. We'll bring it back at the
6 next meeting.
7 And if that is approved, then we would ask
8 you to take up the issue which is on the State
9 Board of Career Education agenda as it's
10 scheduled for today.
11 GOVERNOR CHILES: Can we approve your
12 minutes, or do you want to defer those --
13 COMMISSIONER BROGAN: Might as well defer
14 the whole package. We'll bring them back.
15 GOVERNOR CHILES: All right.
16 So --
17 MR. BEDFORD: Excuse me --
18 COMMISSIONER BROGAN: Do I need a motion on
19 that, to defer?
20 GOVERNOR CHILES: Well, if you want --
21 COMPTROLLER MILLIGAN: Move it.
22 GOVERNOR CHILES: Moved --
23 ATTORNEY GENERAL BUTTERWORTH: Second.
24 GOVERNOR CHILES: -- and seconded.
25 Without objection --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
October 12, 1995
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1 (The State Board of Education Agenda was
2 concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF CAREER EDUCATION
October 12, 1995
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1 MR. BEDFORD: State Board of Career
2 Education.
3 Item 1, minutes of the meetings held
4 June 16th, 1994; and June 27th, 1995.
5 SECRETARY MORTHAM: Move approval.
6 COMMISSIONER BROGAN: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, it's approved.
9 MR. BEDFORD: Item 2, appointments to the
10 Florida Council on Vocational Education.
11 Appointment: Adiba M. Ash representing
12 Secondary Education; Raymond Jackson, Jr.,
13 representing Postsecondary Education.
14 Reappointment: Harold C. Kronz,
15 representing Labor Organizations. Term expiring
16 for all three of June 30th, 1998.
17 COMMISSIONER BROGAN: Move approval.
18 SECRETARY MORTHAM: Second.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, it's approved.
21 MR. BEDFORD: Thank you.
22 (The State Board of Career Education Agenda
23 was concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATON COMMISSION
October 12, 1995
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1 GOVERNOR CHILES: Administration.
2 Motion on the minutes?
3 ATTORNEY GENERAL BUTTERWORTH: Second.
4 COMPTROLLER MILLIGAN: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 DR. BRADLEY: Item number 2, recommend the
8 transfer of General Revenue appropriations in
9 the Agency for Health Care Administration.
10 SECRETARY MORTHAM: Move approval.
11 COMMISSIONER BROGAN: Second.
12 GOVERNOR CHILES: Moved and seconded.
13 Without objection, it's approved.
14 DR. BRADLEY: Item number 3, recommend the
15 establishment of positions in excess of the
16 number fixed by the Legislature in
17 Department of Corrections.
18 SECRETARY MORTHAM: Move approval.
19 GOVERNOR CHILES: Moved.
20 COMPTROLLER MILLIGAN: And seconded.
21 GOVERNOR CHILES: And seconded.
22 Without objection, it's approved.
23 Thank you, sir.
24 (The Administration Commission Agenda was
25 concluded.)
ACCURATE STENOTYPE REPORTERS, INC.
MARINE FISHERIES COMMISSION
October 12, 1995
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1 GOVERNOR CHILES: Marine Fisheries
2 Commission.
3 DR. NELSON: Governor, members of the
4 Cabinet, the item before you today is a good
5 cause item that has been added in response to
6 conditions generated by Hurricane Opal.
7 This rule will reopen Apalachicola Bay and
8 the adjacent waters within Franklin County,
9 which have been closed since September 30th, and
10 waive the minimum size requirement on the shrimp
11 for the remainder of this month to allow the
12 finish of the white -- fall white shrimp
13 season.
14 GOVERNOR CHILES: Motion?
15 ATTORNEY GENERAL BUTTERWORTH: Motion.
16 GOVERNOR CHILES: Moved and --
17 COMPTROLLER MILLIGAN: Second.
18 GOVERNOR CHILES: -- seconded.
19 Without objection, it's approved.
20 I --
21 DR. NELSON: Thank you.
22 GOVERNOR CHILES: -- want to thank you and
23 thank the Commission. That seems to me the type
24 of, you know, good, common sense action that
25 would be helpful to not only the fishermen, but
ACCURATE STENOTYPE REPORTERS, INC.
MARINE FISHERIES COMMISSION
October 12, 1995
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1 I think to the economy.
2 DR. NELSON: It will. It will. And
3 largely, this'll -- there'll be some smaller
4 shrimp taken. But without this action, there
5 would have been no economic benefit from the --
6 from the last half of this harvest.
7 COMPTROLLER MILLIGAN: Governor, if I may,
8 I understand you are also reviewing a
9 requirement for that particular rule.
10 DR. NELSON: We have been over the last
11 years going around the state trying to
12 regionalize the management of shrimp, get away
13 from this minimum -- this count law that's been
14 used in the state for many years.
15 The main problem with the count law is that
16 we don't have the resources in Florida actually
17 to go out, sample bays, say, let's open it up
18 because all the shrimp are big enough. Other
19 states have, but we -- we just don't have the
20 resources to do that.
21 So if we get from the Big Bend area, we
22 have tried to work with the fishing communities
23 to close off areas that are largely full of
24 small shrimp, the nursery grounds.
25 And then open up those areas that shrimp
ACCURATE STENOTYPE REPORTERS, INC.
MARINE FISHERIES COMMISSION
October 12, 1995
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1 migrate into when they get legal size, and that
2 area we've been able to do that successfully,
3 protect a lot of shrimp and other fish until
4 they get larger, and then we've removed the
5 count law.
6 So we have on our work schedule for this
7 winter and spring, be looking at the whole
8 northwest region, which includes
9 Apalachicola Bay; as well as the southwest
10 region of the state, trying to get the same --
11 achieve the same thing.
12 GOVERNOR CHILES: Thank you very much.
13 DR. NELSON: Thank you very much.
14 (The Marine Fisheries Commission Agenda was
15 concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 12, 1995
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1 GOVERNOR CHILES: Board of Trustees.
2 MS. WETHERELL: Item 1, minutes.
3 COMMISSIONER BROGAN: Move approval.
4 TREASURER NELSON: Move.
5 ATTORNEY GENERAL BUTTERWORTH: Second.
6 GOVERNOR CHILES: Second.
7 Without objection, it's approved.
8 MS. WETHERELL: Item 2, an option agreement
9 for the South Savannas CARL project.
10 SECRETARY MORTHAM: Move approval.
11 COMMISSIONER BROGAN: Second.
12 GOVERNOR CHILES: Moved and seconded.
13 Without objection, it's approved.
14 MS. WETHERELL: Item 3 is a purchase
15 agreement for FSU.
16 SECRETARY MORTHAM: Move approval.
17 COMMISSIONER BROGAN: Second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, it's approved.
20 MS. WETHERELL: Item 4 is authorization to
21 close on the Fakahatchee Strand CARL project.
22 COMMISSIONER BROGAN: Move it.
23 SECRETARY MORTHAM: Second.
24 GOVERNOR CHILES: Moved and seconded.
25 Without objection, it's approved.
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 12, 1995
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1 MS. WETHERELL: Additional item 5 is the
2 purchase of archaeological property.
3 SECRETARY MORTHAM: Move approval.
4 COMMISSIONER BROGAN: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 COMMISSIONER BROGAN: Governor, before --
8 before we move on, can I ask a question?
9 I'm learning more every day about all the
10 acronyms. Commissioner Nelson started the
11 conversation when we were talking about the
12 hurricane, Secretary.
13 Can you tell me about the CCCL Line --
14 MS. WETHERELL: Sure.
15 COMMISSIONER BROGAN: -- and what's now
16 taken place in the Big Bend area as far as
17 that's concerned?
18 MS. WETHERELL: Sure.
19 You heard from FEMA that one of the
20 counties, Bay County, actually has the Coastal
21 Construction Control Line in the water in most
22 places. That county is one of the -- is slated
23 to be the last county to have its control line
24 reestablished. The control line by law is a
25 line that's seaward of that line. You must meet
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 12, 1995
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1 certain design and siting criteria.
2 So the other counties that were hit by this
3 storm had their lines reestablished in recent
4 years. And so their lines were effective.
5 Bay County's is not.
6 So what we have done in the Department is
7 we have begun emergency rulemaking so that we
8 will set up an interim control line so that when
9 they rebuild in that county, they will have the
10 appropriate design and siting criteria to
11 follow. And you heard someone speak to that
12 today that they thought that was very important
13 that we have that --
14 COMMISSIONER BROGAN: And you're working on
15 that right now?
16 MS. WETHERELL: Yes, sir. We are.
17 COMMISSIONER BROGAN: Well done.
18 Thank you, Governor. I just --
19 GOVERNOR CHILES: You're welcome.
20 TREASURER NELSON: May I ask a question?
21 GOVERNOR CHILES: Uh-hum.
22 TREASURER NELSON: Madam Secretary, the
23 FEMA people said -- and they cited the
24 50 percent rule -- and then the lady from FEMA
25 said the pressure is going to be on the local
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1 officials to waive the local ordinance that
2 requires building to the new code if it's over
3 50 percent demolished.
4 Now, what happens if they waive it, does
5 that -- ultimately does that come as a decision
6 to us as the Governor and the Cabinet for a
7 decision? What -- what's the procedure?
8 MS. WETHERELL: No. I don't -- if they
9 waive it, I don't think that does. But if we
10 have our control line in place, which has the
11 design criteria to rebuild and the siting
12 criteria to rebuild, then they should have the
13 sufficient criteria.
14 TREASURER NELSON: Well --
15 MS. WETHERELL: That's not --
16 TREASURER NELSON: -- is that a decision by
17 us, the control line?
18 MS. WETHERELL: Well, the statute
19 prescribes that the agency, you know, shall
20 adopt those rules, and the secretary will adopt
21 those rules. With the merger, that changed.
22 Previously you went through all those
23 hearings to adopt them, and now it's done by the
24 secretary.
25 TREASURER NELSON: I'm trying to figure out
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1 what's going to be coming to us. So nothing is
2 going to be coming to us on this question --
3 MS. WETHERELL: We're happy to --
4 TREASURER NELSON: -- on rebuilding.
5 MS. WETHERELL: -- we're happy to bring you
6 an update or, you know, if you'd like to know
7 about the process, we'd be happy to bring that
8 to you.
9 ATTORNEY GENERAL BUTTERWORTH: What is your
10 time frame as to when you're going to then --
11 MS. WETHERELL: I just asked --
12 ATTORNEY GENERAL BUTTERWORTH: -- to adhere
13 statutory --
14 MS. WETHERELL: -- Mr. Green, he said that
15 we were already working on it. And --
16 ATTORNEY GENERAL BUTTERWORTH: Because
17 there were some -- there were some buildings
18 like we saw in the photos that already are in
19 the water.
20 MS. WETHERELL: Right.
21 ATTORNEY GENERAL BUTTERWORTH: And there
22 are some buildings, that after the '76 storm
23 rebuilt the same place after they were taken
24 down, and they were taken down again. So I
25 think --
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1 MS. WETHERELL: Right.
2 We should be able to do this very, very
3 quickly. And what we're going to do is we're
4 going to use the average setback. In most
5 counties when we reestablish the line, it moves
6 100, 125, 100 feet further landward.
7 And so we're going to use that as our
8 average for an interim basis. We have to,
9 though, for a permanent rule go through all the
10 data collection, use the model, and apply it
11 more scientifically. But for the interim, we're
12 going to set about 125 foot control lines.
13 TREASURER NELSON: A hundred and
14 twenty-five feet from what?
15 MR. GREEN: From the current line.
16 MS. WETHERELL: The current line --
17 Do you want to speak to current line?
18 MR. GREEN: Actually, yeah.
19 We're going to set the line parallel to the
20 existing line. And actually we're going to do
21 it 150 feet landward of that line. Basically
22 that will take in maybe the first and second row
23 of development along the coast to get -- get
24 most of that in a position where we can apply
25 the new standards to those -- to those rebuilds.
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1 TREASURER NELSON: Well, what happens where
2 the street is real close to the beach, and there
3 are those now demolished houses and/or hotels?
4 Where is the line now, and -- and 150 feet will
5 have it landward north of the road.
6 MR. GREEN: That's correct.
7 MS. WETHERELL: Uh-hum.
8 TREASURER NELSON: So what does that mean,
9 no rebuilding.
10 MR. GREEN: No. It means you have to meet
11 standards seaward of that line. If there's not
12 enough land mass there, or if they can't cite
13 the building so that it won't increase erosion
14 on adjacent property or their property, then we
15 will deny the ability to rebuild there.
16 If there is land mass there, and there's --
17 there's room for them to build, and not be on
18 the beach or in the water, then we can allow
19 them to rebuild under the statute meeting the
20 new standards.
21 MS. WETHERELL: Yeah. It's not a line of
22 prohibition. And I think that a lot of people
23 kind of fear -- think it is. But it's a
24 regulatory line meeting certain design criteria.
25 The difference between this and the no name
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1 storm and the problems that some of you heard,
2 that few people were unable to rebuild since
3 they didn't have a land mass. And so they were
4 not able to meet, you know, the water quality
5 standards. They didn't have a place to put
6 their septic tank.
7 And the Department, though, has tried to
8 help from the standpoint that we work with them
9 to say, if you'll buy an upland lot and,
10 you know, pool your resources with several
11 residents together, buy this upland lot, put a
12 common septic tank on that, and you -- you can
13 rebuild under certain circumstances.
14 You will see an item before you at the next
15 or --
16 The next Cabinet meeting?
17 MR. GREEN: December.
18 MS. WETHERELL: -- in December in which we
19 will propose to you rebuilding -- some people to
20 rebuild who don't have the land mass they need
21 to get their septic tank in. But with an upland
22 solution and your willingness to give them a
23 lease, then they would be able to build.
24 TREASURER NELSON: All right. That's what
25 I'm trying to find out. What's coming to us?
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1 Those kind of decisions?
2 MS. WETHERELL: If they have those kinds of
3 dec-- if -- as a result of this storm, if they
4 don't have the land mass, and the land mass in
5 which to get the permits to put in septic tanks,
6 then we would probably be coming to you. If
7 they can come up with a solution to their septic
8 tank situation, but still need some kind of
9 sovereign submerged land lease, then you would
10 need to decide that, whether or not you want to
11 allow them to rebuild partially in the water.
12 And that's the case in Suwannee from the no
13 name storm, there are a few individuals who
14 really want to rebuild. There was some
15 legislation proposed last year which passed, was
16 vetoed based on the grounds that it just opened
17 up a lot of other situations that were not
18 desirable.
19 But in terms of the storm, if I can just
20 very quickly tell you that we had about
21 twenty-six of our State parks impacted, six of
22 them rather severely. We are trying very hard
23 to get those parks cleaned up so that we can
24 reopen.
25 One of the situations we're going to have
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1 is the lack of revenue or money to rebuild some
2 of those quickly. So we're going to be trying
3 to explore the possibility of loans or some
4 source of revenue so that we can rebuild some of
5 those structures and get them reopened.
6 COMMISSIONER BROGAN: Governor, I would
7 just -- finish up. I've got confidence in you
8 as the agency head and your staff to handle
9 that. But I would ask if you would kind of keep
10 our Cabinet aide staff apprised on how that
11 unfolds. Because it's sort of a unique
12 situation. And we'd appreciate that.
13 So when --
14 MS. WETHERELL: Sure. We'd be happy to do
15 that.
16 COMMISSIONER BROGAN: -- so when and if
17 those things do come back to us, rather than
18 take them as isolated cases, we know how that
19 process unfolded that relates to it, Secretary.
20 Thank you.
21 MS. WETHERELL: Right. Thank you.
22 GOVERNOR CHILES: I think we'll all get
23 some opportunities to participate in some of
24 those decisions.
25 TREASURER NELSON: Yeah.
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1 COMMISSIONER BROGAN: Probably more than we
2 care to.
3 GOVERNOR CHILES: Is there --
4 Madam Secretary, is there anything further?
5 MS. WETHERELL: Oh. Mr. Green was telling
6 me that if the emergency rule is challenged,
7 that we will be bringing it back to you.
8 Okay.
9 ATTORNEY GENERAL BUTTERWORTH: Next
10 meeting?
11 MS. WETHERELL: Yes.
12 Thank you.
13 GOVERNOR CHILES: Thank you.
14 (The Board of Trustees of the Internal
15 Improvement Trust Fund Agenda was concluded.)
16 *
17 (The Cabinet meeting was concluded at
18 11:26 a.m.)
19 *
20
21
22
23
24
25
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37
1 CERTIFICATE OF REPORTER
2
3
4 STATE OF FLORIDA:
5 COUNTY OF LEON:
6 I, LAURIE L. GILBERT, do hereby certify that
7 the foregoing proceedings were taken before me at the
8 time and place therein designated; that my shorthand
9 notes were thereafter translated; and the foregoing
10 pages numbered 1 through 37 are a true and correct
11 record of the aforesaid proceedings.
12 I FURTHER CERTIFY that I am not a relative,
13 employee, attorney or counsel of any of the parties,
14 nor relative or employee of such attorney or counsel,
15 or financially interested in the foregoing action.
16 DATED THIS 20TH day of OCTOBER, 1995.
17
18
19 LAURIE L. GILBERT, RPR, CCR
100 Salem Court
20 Tallahassee, Florida 32301
(904) 878-2221
21 1-800/934-9090
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
