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
STATE BOARD OF EDUCATION
7 STATE BOARD OF CAREER EDUCATION
ADMINISTRATION COMMISSION
8 TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND
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10 The above agencies came to be heard before
THE FLORIDA CABINET, Honorable Governor Chiles
11 presiding, in the Cabinet Meeting Room, LL-03,
The Capitol, Tallahassee, Florida, on Thursday,
12 March 28, 1996, commencing at approximately 9:50 a.m.
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15 Reported by:
16 LAURIE L. GILBERT
Registered Professional Reporter
17 Certified Court Reporter
Notary Public in and for
18 the State of Florida at Large
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21 ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
22 TALLAHASSEE, FLORIDA 32301
904/878-2221
23 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.
March 28, 1996
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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 7
4 Approved 7
7 5 Approved 7
6 Approved 7
8 7 Approved 8
9 DIVISION OF BOND FINANCE:
(Presented by J. Ben Watkins, III,
10 Director)
11 1 Approved 9
2 Approved 9
12 3 Approved 9
4 Approved 10
13 5 Approved 13
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ACCURATE STENOTYPE REPORTERS, INC.
March 28, 1996
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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, Ph.D.,
Deputy Commissioner)
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1 Report 15
6 2 Deferred 19
3 Deferred 19
7 4 Approved 20
5 Approved 20
8 6 Approved 21
7 Approved 21
9 8 Approved 21
9 Approved 22
10 10 Approved 22
11 Approved 22
11 12 Approved 24
13 Approved 24
12 14 Approved 24
15 Approved 25
13 16 Approved 25
17 Approved 25
14 18 Approved 26
19 Approved 26
15 20 Approved 26
21 Approved 27
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STATE BOARD OF CAREER EDUCATION:
17 (Presented by Robert L. Bedford, Ph.D.,
Deputy Commissioner)
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1 Approved 28
19 2 Approved 28
20 ADMINISTRATION COMMISSION:
(Presented by Robert B. Bradley, Ph.D.,
21 Secretary)
22 1 Approved 29
2A and 2B Approved 29
23 3 Approved 29
4 Approved 93
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ACCURATE STENOTYPE REPORTERS, INC.
March 28, 1996
5
1 I N D E X
(Continued)
2
ITEM ACTION PAGE
3
BOARD OF TRUSTEES OF THE
4 INTERNAL IMPROVEMENT
TRUST FUND:
5 (Presented by Virginia B. Wetherell,
Secretary)
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1 Approved 95
7 2 Approved 95
3 Approved 95
8 4 Approved 96
5 Approved 96
9 6 Approved 96
7 Approved 96
10 8 Approved 97
9 Approved 97
11 10 Approved 97
11 Approved 98
12 12 Approved 98
13 Approved 98
13 14 Approved 124
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CERTIFICATE OF REPORTER 129
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
March 28, 1996
6
1 P R O C E E D I N G S
2 (The agenda items commenced at 10:28 a.m.)
3 GOVERNOR CHILES: State Board of
4 Administration.
5 MR. WILLIAMS: Item 1 is the minutes of the
6 March 12 meeting.
7 TREASURER NELSON: Motion.
8 COMPTROLLER MILLIGAN: Motion.
9 GOVERNOR CHILES: Moved --
10 TREASURER NELSON: Second.
11 GOVERNOR CHILES: -- and seconded.
12 Without objection, the minutes are
13 approved.
14 MR. WILLIAMS: Item 2 is a fiscal
15 sufficiency for the Board of Regents,
16 Florida A&M student apartment facility revenue
17 bonds.
18 COMPTROLLER MILLIGAN: Motion.
19 TREASURER NELSON: Second.
20 GOVERNOR CHILES: Moved and seconded.
21 Without objection, they're approved.
22 MR. WILLIAMS: Item 3 is a fiscal
23 sufficiency for DOT right-of-way acquisition and
24 bridge construction refunding bonds.
25 COMPTROLLER MILLIGAN: Motion.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
March 28, 1996
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1 TREASURER NELSON: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, that's approved.
4 MR. WILLIAMS: Item 4 is an interest rate
5 exception for the Overoaks Community Development
6 District.
7 COMPTROLLER MILLIGAN: Motion.
8 TREASURER NELSON: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, that's approved.
11 MR. WILLIAMS: Item 5 is an appointment to
12 the Florida Hurricane Catastrophe Fund Advisory
13 Council.
14 COMPTROLLER MILLIGAN: I move this.
15 TREASURER NELSON: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, it's approved.
18 MR. WILLIAMS: Item 6 is authority to
19 proceed with the shareholder resolution relating
20 to Archer-Daniels Midland Corporation.
21 COMPTROLLER MILLIGAN: And a motion.
22 TREASURER NELSON: Second.
23 GOVERNOR CHILES: There's a motion and a
24 second.
25 Without objection, that's approved.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
March 28, 1996
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1 MR. WILLIAMS: Item 7, reports from the
2 Executive Director. We have investment
3 performance and fund balance for February '96.
4 COMPTROLLER MILLIGAN: Motion.
5 TREASURER NELSON: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, that's approved.
8 MR. WILLIAMS: Thank you.
9 (The State Board of Administration Agenda
10 was concluded.)
11 *
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ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
March 28, 1996
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1 GOVERNOR CHILES: Division of Bond Finance.
2 MR. WATKINS: Item number 1 is approval of
3 the minutes of the March 12 meeting.
4 SECRETARY MORTHAM: So move.
5 COMPTROLLER MILLIGAN: And second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, it's approved.
8 MR. WATKINS: Item number 2 is a resolution
9 authorizing the competitive sale of up to
10 50 million dollars for Department of
11 Transportation right-of-way acquisition
12 refunding bonds.
13 ATTORNEY GENERAL BUTTERWORTH: Motion.
14 SECRETARY MORTHAM: So move.
15 GOVERNOR CHILES: Moved and seconded.
16 Without objection, that's approved.
17 MR. WATKINS: Item number 3 is a resolution
18 authorizing the competitive sale of up to
19 12.7 million dollars if -- for Board of Regents
20 revenue bonds for a Florida A&M University
21 dormitory facility.
22 COMMISSIONER BROGAN: Move approval.
23 ATTORNEY GENERAL BUTTERWORTH: Second.
24 GOVERNOR CHILES: Moved and seconded.
25 Without objection, that's approved.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
March 28, 1996
10
1 MR. WATKINS: Item number 4 is a resolution
2 selecting bond council for Department of
3 Transportation right-of-way acquisition
4 program.
5 The recommendation is based on a
6 competitive solicitation through an RFP, and an
7 objective evaluation by a selection committee.
8 And the recommendation is Greenberg, Traurig.
9 SECRETARY MORTHAM: So move.
10 COMMISSIONER CRAWFORD: Second.
11 ATTORNEY GENERAL BUTTERWORTH: Second.
12 GOVERNOR CHILES: Moved and seconded.
13 ATTORNEY GENERAL BUTTERWORTH: Governor --
14 GOVERNOR CHILES: Without objection --
15 ATTORNEY GENERAL BUTTERWORTH: I have one
16 question.
17 GOVERNOR CHILES: Yes.
18 ATTORNEY GENERAL BUTTERWORTH: You have one
19 firm here, I think it's Brian T. Miller and
20 Oliver. -- or Olive. I --
21 MR. WATKINS: Yes, sir.
22 ATTORNEY GENERAL BUTTERWORTH: Will they be
23 having any -- any bond transactions with DOT, or
24 any other company?
25 The reason why I ask, isn't a person by the
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
March 28, 1996
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1 name of John French one of their lawyers?
2 MR. WATKINS: I'm not aware of that.
3 ATTORNEY GENERAL BUTTERWORTH: Okay. If he
4 is, I'm --
5 MR. WATKINS: He may well be.
6 ATTORNEY GENERAL BUTTERWORTH: I believe
7 it's his philosophy -- at least it was in the
8 Senate on Tuesday -- that he believes that the
9 State of Florida should be handling, under the
10 Attorney General, most of the -- of the legal
11 work. And that it should not go to the
12 outside.
13 So if you let me know when that law firm
14 has anything coming up, I'd -- I'll be wanting
15 to know.
16 MR. WATKINS: I'll check into that --
17 ATTORNEY GENERAL BUTTERWORTH: Thank you.
18 MR. WATKINS: -- and report back to you.
19 Item number 5 is a report of award of
20 five --
21 GOVERNOR CHILES: Don't you think that you
22 ought to be handling these right-of-way
23 matters?
24 ATTORNEY GENERAL BUTTERWORTH: Governor, we
25 do have some expertise in this area, and I think
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
March 28, 1996
12
1 that on some of these issues, I think my law
2 firms feel very strongly that the State should
3 be handling the work. The State should be
4 looking towards doing it.
5 And if we can do it more efficiently and
6 more cost effective, and as well as the -- as
7 the outside lawyers can, I think we should
8 really look towards that.
9 And from what I heard in the Cabinet --
10 what I heard on Tuesday is that many of these
11 lobbyists for tobacco think that the
12 Attorney General's Office has such tremendous
13 capabilities, that there is no reason really to
14 go outside.
15 So I think it is something which we really
16 should address, Governor.
17 MR. WATKINS: Efficiency and cost
18 effectiveness are one of our primary objectives
19 at the Division, and we'll look into that and
20 report back to you on that.
21 ATTORNEY GENERAL BUTTERWORTH: Thank you
22 very much.
23 MR. WATKINS: Item number 5 is a report of
24 award of five million seventy thousand revenue
25 bond issues for Department of
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
March 28, 1996
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1 Management Services for our facilities
2 management program.
3 Competitive bids were received on March 7,
4 1996, and the bond issue was awarded to the low
5 bidder at an interest rate of approximately
6 five-and-a-half percent.
7 GOVERNOR CHILES: A nice interest rate.
8 ATTORNEY GENERAL BUTTERWORTH: Yeah.
9 GOVERNOR CHILES: Like it.
10 MR. WATKINS: Thank you, sir.
11 GOVERNOR CHILES: Is there a motion?
12 COMMISSIONER BROGAN: Second.
13 ATTORNEY GENERAL BUTTERWORTH: Motion.
14 GOVERNOR CHILES: And seconded.
15 Without objection, that's approved.
16 MR. WATKINS: Very good.
17 (The Division of Bond Finance Agenda was
18 concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 GOVERNOR CHILES: State Board of Education.
2 DR. BEDFORD: Good morning,
3 Governor Chiles, members of the State Board of
4 Education.
5 Take a moment and welcome back
6 Governor Chiles and Commissioner Brogan from the
7 Education Summit. I'm sure we'll be hearing
8 later about the program that was presented.
9 We're grateful to have you back.
10 First item, Readiness for College Report.
11 I know that each of you have received the copy
12 during Cabinet aides briefing. We offered to do
13 the full half hour report, they declined and
14 thought maybe you wouldn't want to hear that.
15 For the record, I would just like to read
16 into the record that the college -- the
17 Readiness for College Report is an annual report
18 to the Florida Legislature, the State Board of
19 Education, and the school districts.
20 And we're aware that it reflects those
21 graduates from our school that were first time
22 entrants into community college or the public
23 universities in Florida, and do not reflect the
24 total graduates.
25 The information that you received did
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 express the fact that there was a slight decline
2 in each of the last three years in the
3 percentage of all students passed in all areas.
4 And I think the item that might -- we might
5 want to draw attention to is, this year that we
6 did notice an increase in the performance of
7 community college students, and their increase
8 was in the area of mathematics.
9 And I think you have all the material in
10 the report, and the report is for your
11 information.
12 GOVERNOR CHILES: Troubling is the bullet
13 that you have that students of all ethnic groups
14 showed a decline in overall performance.
15 DR. BEDFORD: That is correct. The --
16 among the ethnic groups that we maintain data
17 on, Asians and whites were better prepared than
18 American Indians, blacks, and Hispanics.
19 And in the gender, females were better
20 prepared in writing; while males were better
21 prepared in mathematics, reading, and in all
22 areas.
23 GOVERNOR CHILES: Well, we've known that
24 there's been this difference.
25 DR. BEDFORD: Right.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 GOVERNOR CHILES: But the troubling thing
2 is to see that their performance is --
3 DR. BEDFORD: Right.
4 GOVERNOR CHILES: -- going down, rather
5 than up because we have been seeing it inching
6 up. And we see that in the overall performance
7 here. Not quite a percentage point, but it's --
8 DR. BEDFORD: Yes, sir.
9 GOVERNOR CHILES: -- still a good trend.
10 But to see this going down, what -- do you have
11 any reason for that? I mean --
12 DR. BEDFORD: When I -- when I come before
13 you at our next Cabinet meeting and address the
14 Cabinet on the frameworks and the benchmarks and
15 where we hope to go with assessment, I think
16 that is how we're going to address all
17 students.
18 And we firmly believe all students can
19 learn, and we believe that we need to establish
20 a system in Florida based on some common
21 frameworks and benchmarks in all of the counties
22 in Florida, and then hold them accountable for
23 that.
24 And at the next meeting on April 9th, I'll
25 be spending quite a bit of time discussing that
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 with you.
2 GOVERNOR CHILES: Very good.
3 Yes, sir.
4 TREASURER NELSON: Governor, the percent in
5 high school passing all of the subjects keeps
6 going down.
7 For the sixth year in a row, it's gone
8 down. It's my understanding that one of the
9 problems is on the low scores on the math is
10 that some of the students are taking that test
11 which has algebra, but they don't have algebra
12 in school.
13 DR. BEDFORD: Right.
14 TREASURER NELSON: Is that what is skewing
15 the test down?
16 DR. BEDFORD: I don't want to say that that
17 is the only thing that is involved. But there
18 is definitely -- and we know, and we've
19 addressed it in the Legislature this year -- we
20 know that this test, that SAT tests, rely very
21 heavily on the background of the students; and
22 we know, and we have made reports that if they
23 take algebra and geometry, they will do
24 significantly better on these exams.
25 We have asked for legislation to mandate
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 the taking of Algebra I at the high school level
2 in hopes that it will help correct this
3 problem. And that's for all students. We're
4 looking at every student being able to do that.
5 COMMISSIONER BROGAN: We have -- we've
6 also, Commissioner, asked in legislation to
7 constrain the number of Level I courses that a
8 student can take toward graduation. Those
9 Level I courses are the old functional courses,
10 which, put enough of them together, simply don't
11 allow a student to graduate with enough skills
12 to be able to access postsecondary education
13 with the skills that they need to succeed.
14 And for years, we've been seeing large
15 numbers of students move through the system
16 collecting up in high school large numbers of
17 Level I courses, which directly -- in my
18 opinion, directly contributes to exactly what
19 you're saying. That they are seeing on those
20 entry level tests for the first time a lot of
21 that information, rather than needing
22 remediation in it. So we hope that'll make a
23 difference, too.
24 As well as Dr. Bedford mentioned, a lot of
25 the things that we'll talk about at the next
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 Cabinet meeting.
2 DR. BEDFORD: Yeah. One other item that we
3 are working on, of course, is the critically low
4 performing schools. Some of those schools were
5 high schools, and they were identified by low
6 math scores.
7 And so we are working with those schools
8 and those districts in those areas to improve
9 those particular students also.
10 GOVERNOR CHILES: Thank you.
11 DR. BEDFORD: Thank you.
12 Item 2 and 3, with your permission, I would
13 ask to defer those until the next State Board
14 meeting on April 9th. We have a technicality
15 that we need to correct.
16 With your permission, we would defer until
17 April 9.
18 GOVERNOR CHILES: Without objection, is
19 there a motion and second, we will defer that.
20 You moved.
21 COMMISSIONER BROGAN: I move.
22 ATTORNEY GENERAL BUTTERWORTH: Moved.
23 GOVERNOR CHILES: You seconded.
24 ATTORNEY GENERAL BUTTERWORTH: I seconded.
25 GOVERNOR CHILES: Yes, sir.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 DR. BEDFORD: Item 4, an amendment to
2 Rule 6A-1.012, purchasing policies. Our
3 recommendation is to approve as amended.
4 COMMISSIONER BROGAN: So move.
5 SECRETARY MORTHAM: Move.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, it's approved.
8 DR. BEDFORD: Item 5 is repeal
9 Chapter 6A-1, Sections .042, .05, .031, .066,
10 .069, .094, .0952, .09521, and .0982.
11 Recommended approval.
12 COMMISSIONER BROGAN: Move approval.
13 SECRETARY MORTHAM: Second.
14 GOVERNOR CHILES: Moved and seconded.
15 Without objection, it's approved.
16 DR. BEDFORD: Item 6 is a correction of
17 some action that we have taken previously.
18 Based upon a recommendation of Joint
19 Administrative Procedures Commission, we are
20 coming before you to amend the requirements for
21 programs in courses which are funded through the
22 Florida Educational Finance Program, for which a
23 student may earn credit toward high school
24 graduation.
25 COMMISSIONER BROGAN: Move approval.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 SECRETARY MORTHAM: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, it's approved.
4 DR. BEDFORD: Item 7, repeal of various
5 sections of Chapter 6A, dash, 3 dealing with bus
6 rules.
7 COMMISSIONER BROGAN: Move approval as
8 listed.
9 SECRETARY MORTHAM: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 DR. BEDFORD: Item 8, amendment 6A, dash,
13 3.006, pool purchase need for purchase of
14 equipment and contractual needs, Department of
15 Management Services, Division of Purchasing,
16 authorized to negotiate contracts. Once again
17 deals with school buses.
18 COMMISSIONER BROGAN: Move approval.
19 SECRETARY MORTHAM: Second.
20 GOVERNOR CHILES: Moved and seconded.
21 Without objection, it's approved.
22 DR. BEDFORD: Item 9, Rule 6A, dash,
23 3.0141, amendment to employment of school bus
24 drivers.
25 COMMISSIONER BROGAN: Move approval.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 SECRETARY MORTHAM: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, it's approved.
4 DR. BEDFORD: Item 10, amendment to
5 Rule 6A, dash, 3.017, responsibility of --
6 responsibilities of school districts for student
7 transportation.
8 COMMISSIONER BROGAN: Move approval.
9 SECRETARY MORTHAM: Second.
10 ATTORNEY GENERAL BUTTERWORTH: Second.
11 GOVERNOR CHILES: Moved and seconded.
12 Without objection, it's approved.
13 DR. BEDFORD: Item 11 is new. It's a
14 Rule 6A, dash, 4.0233, specialization
15 requirements for certification in the area of
16 middle grades; integrated curriculum, which
17 would be grades 5 through 9.
18 We would ask you to approve this rule as
19 amended. I believe you received copies of the
20 amendment this week.
21 COMMISSIONER BROGAN: Move approval as
22 amended.
23 SECRETARY MORTHAM: Second.
24 GOVERNOR CHILES: Moved and seconded.
25 Without objection, it's approved.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 SECRETARY MORTHAM: Governor --
2 GOVERNOR CHILES: Yes, ma'am.
3 SECRETARY MORTHAM: -- if I could just make
4 a comment.
5 On this particular rule, I -- I'd just like
6 to commend the Department. I think that this is
7 really going to be a step forward --
8 DR. BEDFORD: Yes.
9 SECRETARY MORTHAM: -- in middle schools,
10 and no doubt that is a difficult age to -- to
11 deal with, and I -- I just think that this new
12 rule is very, very good for education in
13 general.
14 COMMISSIONER BROGAN: Thank you,
15 Secretary.
16 It's -- we hope it's going to be symbolic
17 of much of the certification changes that we
18 hope to make when our task forces are completed
19 and we come back with those recommendations.
20 But having been a middle school
21 administrator under the old system, and then
22 under the previous system, the system that we're
23 changing now, I can tell you that it will afford
24 much greater flexibility to -- to be able to
25 schedule teachers and students more
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 appropriately at the middle school level, and
2 I think make some dramatic changes in the way
3 we're approaching that middle school
4 curriculum. So we appreciate that.
5 Thank you, Governor.
6 GOVERNOR CHILES: Yes, sir.
7 DR. BEDFORD: Did we vote on -- I'm sorry.
8 Okay. Item 12, repeal 6A, dash, 5 section.
9 COMMISSIONER BROGAN: Move approval.
10 SECRETARY MORTHAM: Second.
11 GOVERNOR CHILES: Moved and seconded.
12 Without objection, it's approved.
13 DR. BEDFORD: Item 13, repeal in
14 Chapter 6A, dash, 6, various sections.
15 COMMISSIONER BROGAN: Move approval.
16 SECRETARY MORTHAM: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, it's approved.
19 DR. BEDFORD: Item 14, repeal Rule 6A,
20 dash, 10.035, general requirements for
21 vocational education instruction funding.
22 COMMISSIONER BROGAN: Move approval.
23 SECRETARY MORTHAM: Second.
24 GOVERNOR CHILES: Moved and seconded.
25 Without objection, it's approved.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 DR. BEDFORD: Item 15, an amendment to
2 Rule 6A, dash, 20.039, Florida Teacher
3 Scholarship and Forgivable Loan Program.
4 COMMISSIONER BROGAN: Move approval.
5 SECRETARY MORTHAM: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, it's approved.
8 DR. BEDFORD: Item 16, an amendment.
9 Rule 6A, dash, 20.042, Occupational Therapists
10 and Physical Therapists Scholarship Loan
11 Program.
12 COMMISSIONER BROGAN: Move approval.
13 SECRETARY MORTHAM: Second.
14 GOVERNOR CHILES: Moved and seconded.
15 Without objection, it's approved.
16 DR. BEDFORD: Item 17, new. Rule 6A, dash,
17 20.099, Florida Federal Family Education Loan
18 Program.
19 COMMISSIONER BROGAN: Move approval.
20 SECRETARY MORTHAM: Second.
21 GOVERNOR CHILES: Moved and seconded.
22 Without objection, it's approved.
23 DR. BEDFORD: Item 18 is a repeal of
24 Section 6 -- excuse me -- of 6A, dash, 20.
25 COMMISSIONER BROGAN: Move approval.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
March 28, 1996
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1 SECRETARY MORTHAM: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, it's approved.
4 DR. BEDFORD: Item 19, we have -- you have
5 received reports and recommendations on State
6 funding for research and public service in the
7 State University System, and reports on State
8 student financial aid.
9 It is a report for acceptance. If you have
10 questions, I have Mr. Bill Proctor in the
11 audience. Your pleasure.
12 GOVERNOR CHILES: I think you can move --
13 SECRETARY MORTHAM: Move to accept.
14 COMMISSIONER CRAWFORD: Second.
15 GOVERNOR CHILES: It's been moved and
16 seconded.
17 Without objection, it's approved.
18 DR. BEDFORD: Thank you.
19 Item 20, a request to exercise the right of
20 eminent domain, deferred from the February 27th,
21 1996, Cabinet meeting.
22 COMMISSIONER BROGAN: Move approval.
23 SECRETARY MORTHAM: Second.
24 GOVERNOR CHILES: Moved and seconded.
25 Without objection, it's approved.
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1 DR. BEDFORD: Item 21, appointment to the
2 State Board of Community Colleges,
3 Alberta K. Wilson, a term through
4 September 30th, 1997.
5 SECRETARY MORTHAM: Move approval.
6 COMMISSIONER BROGAN: Move approval.
7 Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, it's approved.
10 (The State Board of Education Agenda was
11 concluded.)
12 *
13
14
15
16
17
18
19
20
21
22
23
24
25
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1 GOVERNOR CHILES: State Board of Career
2 Education.
3 DR. BEDFORD: Item 1, minutes of the
4 meeting on --
5 COMMISSIONER BROGAN: Move minutes.
6 DR. BEDFORD: -- on January 23rd, 1996.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, they're approved.
9 DR. BEDFORD: Item 2 is reports and
10 recommendation of the Florida Council on
11 Vocational Education.
12 Once again, I have Chuck Kronz in the
13 audience if you would like to have any
14 questions.
15 Otherwise we would ask you to --
16 COMMISSIONER BROGAN: I'll move approval.
17 SECRETARY MORTHAM: Second.
18 DR. BEDFORD: -- approve --
19 GOVERNOR CHILES: Approved and seconded.
20 Without objection, it's approved.
21 (The State Board of Career Education Agenda
22 was concluded.)
23 *
24
25
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1 GOVERNOR CHILES:
2 Administrative Commission.
3 DR. BEDFORD: Thank you.
4 GOVERNOR CHILES: Motion on the minutes.
5 COMMISSIONER BROGAN: So move.
6 SECRETARY MORTHAM: Move.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, it's approved.
9 DR. BRADLEY: Item number 2-A and B,
10 recommend the transfer of general revenue
11 appropriations in Department of Health and
12 Rehabilitative Services.
13 SECRETARY MORTHAM: So move.
14 GOVERNOR CHILES: Moved.
15 COMMISSIONER CRAWFORD: Second.
16 GOVERNOR CHILES: Seconded.
17 Without objection, it's approved.
18 DR. BRADLEY: Item number 3, recommend the
19 transfer of general revenue appropriations in
20 the Department of Labor and Employment Security.
21 SECRETARY MORTHAM: Move approval.
22 COMMISSIONER CRAWFORD: Second.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, it's approved.
25 DR. BRADLEY: Item number 4,
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1 Administration Commission, request authorization
2 for staff to notice the proposed rule amending
3 the Monroe County Comprehensive Plan.
4 Testimony received at the February 27th
5 Administration Commission is incorporated as
6 part of the official record of this proceeding.
7 Additionally, there are several speakers to
8 be heard today. And I can introduce them in a
9 second.
10 GOVERNOR CHILES: All right.
11 DR. BRADLEY: What we have is -- we have a
12 group of citizens from Monroe County that I'd
13 like --
14 GOVERNOR CHILES: I understand some of
15 those citizens would like to catch an 11:30
16 plane. I wonder if we could put those on first.
17 DR. BRADLEY: Yes, sir.
18 GOVERNOR CHILES: And see if there's a way
19 of accommodating.
20 Do we have a time limitation here now?
21 DR. BRADLEY: We're going to give each of
22 the citizens 2 minutes, Governor.
23 (Commission Crawford exited the room.)
24 GOVERNOR CHILES: All right. Well,
25 you're -- we want to try to get those especially
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1 before us that haven't had a chance to speak
2 before. This matter's been before the Cabinet
3 before.
4 DR. BRADLEY: Yes, sir. Why don't --
5 GOVERNOR CHILES: And I certainly want to
6 try to put those on that could have a chance of
7 catching that plane if they're out of here in
8 the next 20 minutes.
9 DR. BRADLEY: Yes, sir. We have a group of
10 citizens. The -- Kim Works of the Key West
11 Chamber of Commerce is the first one who signed
12 up here.
13 If --
14 GOVERNOR CHILES: Somebody needs to try to
15 help me organize this so that --
16 DR. BRADLEY: Right. And I'll get
17 Teresa Tinker to line up the remaining people so
18 that --
19 GOVERNOR CHILES: All right.
20 DR. BRADLEY: -- they're next.
21 I'll tap them on the shoulder when their
22 2 minutes are up, Governor.
23 GOVERNOR CHILES: All right. I hope y'all
24 understand, we're trying to do this to
25 accommodate everybody and give you a chance to
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1 speak, but also see if you can catch a plane.
2 MS. WORKS: Yes, sir. Thank you for the
3 time.
4 I'm Kim Works, President of the Key West
5 Chamber of Commerce. We have sent each and
6 every one of you a resolution concerning the
7 State amendments, and we understand that some
8 changes have been made.
9 We understand that you are working with us,
10 and thank you for that. Thank you for listening
11 to us. We have a lot of -- long five years
12 ahead of us. So we appreciate the working
13 and -- and ask you to continue to work with us
14 and Key West and Monroe County.
15 GOVERNOR CHILES: Thank you.
16 DR. BRADLEY: Teresa has the next name,
17 Governor.
18 GOVERNOR CHILES: Maybe if people would
19 just kind of come forward that are going to
20 speak, and then we'll save a little time.
21 Yes, sir.
22 MR. GONZALEZ: Governor, Cabinet members,
23 Jose Gonzalez. I'm a former president of the
24 Chamber of Commerce, and also I serve on our
25 land authority in the County.
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1 I know you've heard a lot from our County.
2 And I just basically want to urge you all to --
3 in further review of our plan to take into
4 account this whole question of funding.
5 Clearly our small County of 80,000 people
6 cannot in any way begin to absorb some of the
7 mandates that are being created for us.
8 And even though we know we've been working
9 together, and there are some that feel that
10 maybe we haven't been working together as well
11 as we should, the bottom line is is that
12 whatever we ultimately do for our County, in the
13 interest of not just the residents of
14 Monroe County, but the rest of the state, that
15 we do it in a way that does not break the people
16 of Monroe County.
17 So I urge you again, in looking at
18 everything that you are contemplating with us,
19 to take into account this whole funding
20 question. It's paramount to us.
21 Thank you.
22 GOVERNOR CHILES: Thank you, sir.
23 (Commissioner Crawford entered the room.)
24 MR. FAGAN: Good morning, Governor, members
25 of the Cabinet. My name is Michael Fagan. I'm
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1 here on behalf of the Florida Keys
2 Board of Realtors. We're the Upper Keys Board
3 encompassing the area from Key Largo to Layton.
4 Thank you for giving us the opportunity to
5 speak. I will speak rather briefly on the issue
6 of the cesspools being tied into the number of
7 permits being issued.
8 Basically removing a cesspool allows
9 another one of the permits to be issued up to
10 255 annually.
11 The -- the ROGO permit application process
12 has been going very well. We think it's a
13 mistake, however, to tie the cesspool removal in
14 with new construction.
15 The cesspools are mistakes of the past.
16 New construction in line with current building
17 regulations, and sewage treatment regulations,
18 only enhance our environment. We must have
19 moderate growth in the Keys. If we don't, we
20 will stagnate and die. We are totally tourist
21 based, some growth, housing for workers is all
22 needed.
23 To force new owners to be tied into the
24 removal of cesspools we think is an onerous
25 burden on these owners. And there should be
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1 other methods for removing the cesspools.
2 We also think much more needs to be done to
3 study the nearshore water qualities. Instead of
4 100 percent of the blame for this being placed
5 on the residents, nothing going to Big Sugar --
6 (Attorney General Butterworth exited the
7 room.)
8 MR. FAGEN: -- other nutrient dumpers into
9 the bay, we think that the Cabinet, and,
10 Governor, you should take a much broader look at
11 what's happening in our wonderful islands.
12 And, in fact, we'd love to invite all of
13 you down to come visit our beautiful islands and
14 see what we're talking about.
15 So we urge you to reconsider tying cesspool
16 removal in with the issuance of new building
17 permits.
18 Thank you very much.
19 GOVERNOR CHILES: Thank you.
20 MR. ROSENBLATT: I'm Joel Rosenblatt. I'm
21 a consulting engineer from the -- Monroe County.
22 I sent a substantial letter -- I think each
23 of you folks got a copy after the last meeting
24 through Teresa Tinker, which was intended to
25 review everything that was discussed at the
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1 previous meeting. Two minutes is not enough
2 time to attack it.
3 But there was something that has come up
4 since I wrote that letter, which further
5 emphasized a point I was making.
6 Nobody has identified the sources of
7 whatever water quality problems people have
8 imagined are our problem.
9 And in that letter, I had recommended a
10 type of study that could be done to plot
11 contours of water quality across the Keys from
12 Hawk's Channel, and see where the variations are
13 occurring to identify the sources of where some
14 sort of pollutant or other must be entering.
15 What has happened since then is that,
16 in fact, such a survey was conducted. It was
17 conducted by the Florida Marine Sanctuary people
18 who retained people from the Rosenstiel School
19 at the University of Miami to conduct the
20 survey.
21 The expectation by the Marine Sanctuary
22 people in ordering that study was to take the
23 contours that were determined as evidence for
24 their budget hearings which were recently held
25 in Washington.
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1 The survey didn't give them data to justify
2 anything, and they haven't distributed it or
3 published it.
4 What it did show is that of all of the
5 identifiable foreign materials, primarily
6 nutrients, there was a uniform gradient all the
7 way from the reef across Hawk's Channel, and
8 around the surrounding islands. You couldn't
9 see an increase in the vicinity of an island,
10 which if the island had been a source, you
11 should have seen.
12 You can sit here and spend 600 million
13 dollars on sewage treatment plants. And having
14 done it, there won't be a measurable change in
15 the water quality adjacent to the islands.
16 What are we doing? The fact that a group
17 of people are screaming about trying to drive
18 people out of the Keys, which is what the real
19 agenda is. If you look at what has been
20 promoted by these same people doing these
21 things, they suddenly became concerned about
22 hurricane evacuation. That's got nothing to do
23 with the wilderness or the environment.
24 It does -- only has one thing to tie it
25 in. It's a mechanism for chasing away people.
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1 And they don't show up at hearings if they're
2 concerned about public safety for the budget for
3 the police department, or ambulances, or fire
4 trucks. It's a matter of no people.
5 If that is a political advantage, I would
6 like to suggest one thing before I complete.
7 All over the country when you drive down a road,
8 there'll be a sign that says welcome, usually
9 the Kiwanis Club or the Rotary or the Chamber of
10 Commerce.
11 If this organization intends that it be a
12 policy to stop people from going to the Keys,
13 you can get nationwide publicity by erecting a
14 big billboard in Homestead as you approach the
15 18-mile stretch that says, if you are coming to
16 live in the Keys, please make a U-turn at the
17 next story and go back where you came from, you
18 are not welcome.
19 GOVERNOR CHILES: Thank you, sir.
20 MR. SMITH: Governor Chiles, members of
21 the -- of the Board, my name is Bill Smith, and
22 I'm before you as the Executive Director of the
23 Florida Keys Contractors Association.
24 I'd like to start out by saying, I
25 certainly appreciate that for me, you have
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1 reduced this issue down to one primary issue.
2 And that is the stability of the construction
3 industry in Monroe County.
4 As I stood before you back in February, I
5 explained how we had agreed to a substantial
6 reduction of permits down to 255 units
7 annually. And we did that because we
8 acknowledge a need for reasonable growth
9 control.
10 Representing the Florida Keys Contractors
11 Association, I remain fearful though that the
12 way the rule is presently written, that we will
13 not continue to authorize the 255 permits in
14 Monroe County.
15 I'm standing before you respectfully
16 requesting that the Governor and this Cabinet
17 separate the possibility of any reduction from
18 that 255. If the State does not provide the
19 funding for the five-year plan, or if there are
20 any other impediments, we feel that you should
21 have no reason for reducing the permits to 255.
22 Thank you for this time. And please
23 consider our --
24 GOVERNOR CHILES: Thank you.
25 MR. SMITH: -- our consideration.
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1 MR. PONTIN: Governor and Cabinet members,
2 for the record, my name is Captain H.T. Pontin,
3 a 35-year resident of the Keys.
4 I very seldom use the word Captain, but
5 today I feel that it will give credence to what
6 I'm saying.
7 I've been a licensed captain in the
8 U.S. Coast Guard for over 50 years. I've been
9 involved in boats and ships from bonefish skiffs
10 to supertankers.
11 To improve the water quality in the Keys,
12 millions of dollars have been spent for studies,
13 but nothing for cure. The biggest part of the
14 problem is Florida Bay.
15 The overflight surveys printed by the
16 Miami Herald every month show polluted waters
17 from Florida Bay is being carried by the
18 currents into the Florida Keys. Last month I
19 asked before you people for a description of
20 inshore waters, and to what extent they were
21 polluted by sewage.
22 The Monroe County tax rolls show there are
23 37,126 houses, trailers, and condos in the
24 County, not the cities.
25 We are asking these people to go into debt
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1 for 240 million, or whatever the figure is
2 today, to erase a problem that you can't prove
3 it exists to any significant extent.
4 You want to mandate that the people of
5 Monroe County put in sewage treatment plants
6 costing millions of dollars with no funding.
7 My septic system was put in under the same
8 requirements as the old he coons for his
9 cook shack. Both are working just fine. Why
10 shouldn't he and everyone else in the state with
11 a septic system come up with the money for
12 treatment plants in the hot spots. I hate being
13 threatened or discriminated --
14 (Attorney General Butterworth entered the
15 room.)
16 MR. PONTIN: -- against. It's just not the
17 American way.
18 Thank you.
19 GOVERNOR CHILES: Thank you, Captain.
20 MR. HORAN: My name is David Paul Horan,
21 and I appear with numerous directors of the
22 Greater Key West Chamber of Commerce. We flew
23 up this morning in the -- some pretty foggy
24 stuff to get in here and say something to you.
25 People in Monroe County owe a tremendous
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1 amount to your cook shack, Governor. Because
2 that brought it, I think, to a real great extent
3 home on what some of the things we'd been facing
4 for years and years, Catch-22. You just can't
5 get there from here.
6 In 1979, Governor Askew and his
7 administration lobbied this Legislature up here
8 for the designation of Monroe County as an area
9 of Critical State Concern. It had previously
10 been declared unconstitutional by -- in a case
11 brought by the City of Key West and Cross Key
12 Waterways.
13 Three eighty oh five five two, sub, four
14 that was passed by the Legislature in 1979 said
15 this with regard to the Critical State Concern
16 designation. This is a direct quote that said:
17 It shall be repealed by the Commission no
18 earlier than July 1st, 1980, and no later than
19 July 1st, 1982, close quote.
20 That's the way Critical Concern for the
21 Keys was lobbied in the Legislature.
22 Now, a few years ago, our State
23 Supreme Court in a case that I brought up and
24 argued in Young versus DCA, reminded the
25 administrative form of government in this state
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1 that local government decisions are
2 presumptively valid.
3 I understand there's a bill now to repeal
4 that, and to put DCA back into the position
5 where their decisions are presumptively valid.
6 And I would suggest to you, that was tried once
7 before, and if you read Young versus Askew,
8 you're going to find out that that's not going
9 to fly.
10 Now we have HRS permitting activity that's
11 become our problem. Our best guess on central
12 sewage treatment is between 200 and
13 250 million. Florida Bay is our major problem.
14 Our central sewage treatment for the
15 Middle Keys is not our major problem. Now, if
16 we can't get State or Federal funding, we cannot
17 afford to do what DCA wants us to do.
18 If somebody denies a building permit to
19 somebody who has in good faith paid ad valorem
20 taxes on a single family lot down there, and it
21 is ultimately decided that that's a taking, then
22 compensation's going to be due. Somebody's got
23 to pay it.
24 It simply cannot be the fiscal
25 responsibility of Monroe County or the citizens
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1 of Monroe County to pay those inverse
2 condemnation claims. It has got to be the
3 responsibility of State government.
4 If it's State Critical Concern, it ought to
5 be a State responsibility. Our kids couldn't
6 pay that bill.
7 Thank you.
8 GOVERNOR CHILES: Thank you, sir.
9 MR. SCHRADER: Good morning. My name is
10 Chris Schrader. I'm a 26-year resident of
11 Monroe County. My background is in biology from
12 Marquette University. I've been involved in
13 wastewater treatment in the Keys for 25 years.
14 The original thrust of the drive for
15 central sewer in Monroe County came from the
16 materials mainly in the press stating that the
17 reef was being devastated by sewage and
18 so forth.
19 Eventually people actually got around to
20 going out and measuring what was happening on
21 the reef, and they found out that on the reef,
22 that the levels and the sediments and the -- and
23 the water column of nutrients, nitrogen and
24 phosphorus, were actually -- were actually lower
25 than some of the best reefs in the Bahamas.
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1 And once that -- and that's in this. I
2 will leave this with you. This is from the
3 Marathon Wastewater Facilities Plant.
4 Once that fell by the wayside, all of a
5 sudden, canal waters and the waters close to the
6 canals became very important in the drive for
7 central sewer. And there are a whole lot of
8 nutrient sources to the canals, and I'm not even
9 going to go into -- there's no time to go into
10 the details.
11 We have no idea what portion manmade
12 nutrients are in those canals, and we suspect
13 that it is quite a low portion.
14 Furthermore, there are means of cleaning up
15 canals mechanically with aeration, and other
16 sources -- and other technologies. And my
17 suggestion, to put it very -- very bluntly and
18 quickly, is let's spend a few million dollars to
19 clean up every canal in Monroe County. And
20 after they've had a year or two to -- to
21 remediate, let's go in and see where we might
22 still have health hazards. And then see how
23 much sewage plant and what areas have to be
24 dealt with.
25 But we could clean up all the canals in
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1 Monroe County for a pittance of what the
2 Marathon project is going to cost.
3 As a matter of fact, I have another
4 document here to Monroe County in 1991. This is
5 a staff memo espousing the values of cleaning
6 those canals up with the -- with the methods
7 I've enumerated.
8 I think -- I also sit on the Technical
9 Advisory Committee to the sanctuary, and I've
10 been on water quality committees over the
11 years. And I've heard it all come and go.
12 And I think we need to go back, as the
13 gentleman said earlier, and take a close look at
14 the real nutrient situation.
15 People say, well, we can't study it to
16 death, we've got a crisis. I've been here a
17 long time, I don't see things changing real
18 rapidly. I know the canals, some of them, are
19 in bad shape. I don't see it as a crisis. If
20 it wasn't a crisis last year, it's not a crisis
21 now.
22 Let's go back and get a better idea what's
23 going on, see if we can't clean them up. Then
24 we'll look to the areas that we have to do
25 different types of sewage treatment in. Bearing
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1 in mind that the money you take out of the
2 pockets of the people in the Keys is -- is the
3 money that's there for quality of life spending
4 down the road.
5 Thank you very much. And I will leave
6 these two documents with you.
7 This top document shows that -- in '91, the
8 County wanted -- was recommending to go to canal
9 aeration. My understanding is that other State
10 agencies didn't want to do that, and there are
11 different reasons been postulated.
12 One was possibly there'd be heavy metals in
13 the sediments, but more likely, we didn't want
14 the water quality in the canals better than
15 those outside of the canals because people might
16 think that canals were good, and they may want
17 to use more of them.
18 So at any rate, I leave this with you.
19 Thank you very much, gentlemen.
20 GOVERNOR CHILES: Thank you.
21 MR. SCHRADER: Thank you.
22 DR. BRADLEY: Governor, I'd like to
23 introduce Mr. Apgar, who will introduce some
24 folks from the County government.
25 GOVERNOR CHILES: All right, sir.
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1 MR. APGAR: Governor, members of the
2 Cabinet, I'm Bob Apgar representing
3 Monroe County.
4 I'd like to make a few comments to you
5 about the draft rule, and then introduce
6 Commissioner London, who you remember, who's
7 been our growth management liaison on the
8 Commission, and some of the other members of the
9 Commission will come up with him.
10 To start with, Governor, your
11 Executive Order that we received yesterday was
12 very much appreciated.
13 The people in the Keys I think feel that
14 this shows that you have heard their concerns
15 about State agencies stepping up and sharing the
16 burdens of the critical area program with them.
17 And your Executive Order very much shows
18 the -- your intention that the agencies do
19 that. And we are appreciative of that order,
20 and support it very strongly.
21 You all know that there has been a great
22 deal of work, great deal of discussion,
23 negotiation, that has gone into this draft
24 rule. And we also appreciate that this rule
25 shows that you have heard our concerns.
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1 We appreciate the fact that the rule leaves
2 our Rate of Growth Ordinance, which was adopted
3 by the County, the first of its kind in the
4 state, one of the few in the nation, that keeps
5 growth at 255 residential units a year, based on
6 hurricane evacuation.
7 And I want to stress to you that the
8 255 units was not a number that was pulled out
9 of the air. This number is based on the best
10 available traffic modeling, transportation
11 modeling, performed by the expert in the
12 United States, and perhaps in the world, on this
13 kind of modeling.
14 And that number is important to us for
15 legal defensibility, and for long-term stability
16 in the Keys. And you have heard from other
17 citizens who've testified about how important it
18 is to the consensus that supports growth
19 management and Monroe County.
20 Other numbers have been suggested, we know,
21 such as zero, or 88. We want to stress to you
22 that the 255 is a hurricane evacuation based
23 number, it is the only valid number. That --
24 and the only number that we feel is defensible
25 at this point.
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1 And we appreciate the fact that it is in
2 the rule. We appreciate -- we have heard your
3 staff's assurance that that 255 units is going
4 to be the Rate of Growth Ordinance units, and
5 will not include vested and exempt units which
6 very frankly, Governor, and members of the
7 Cabinet, the County cannot regulate. As a
8 matter of law, we cannot regulate those units.
9 That's why they are vested.
10 The exempt units, of course, are exempt
11 because they do not affect hurricane
12 evacuation. So we appreciate the stability that
13 that measure gives to the -- to the -- to our
14 continued application of the Rate of Growth
15 Ordinance.
16 We also appreciate very specifically
17 policy 5 and the assurance that that policy
18 gives the people of Monroe County that they will
19 not be forced to pay higher taxes, that the
20 County will be expected to bear its reasonable
21 fair share costs of the program that's required
22 to deal with the problems that we know we have,
23 and that we know need to be addressed.
24 And that the State, and hopefully the
25 Federal government, will assist us in coming up
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1 with the funding that we know is needed to
2 address those problems.
3 And I know that you, as we, have seen the
4 Department of Community Affairs' cost estimates
5 of the work program, which puts the total of
6 that work program at 244 million dollars.
7 And I know you appreciate, as well as we
8 do, that Monroe County citizens cannot afford to
9 pay that bill. We must have the assistance of
10 the State and Federal governments.
11 Governor, with the -- at the conclusion of
12 our negotiations, which were going on as late as
13 this morning with your staff -- and we very much
14 appreciate the professionalism that your staff
15 have shown, all of your staffs have shown in
16 this regard, and working with us on finding
17 compromises -- there's been give and take on
18 both sides of this rule.
19 And with that, the assurances that we have
20 from your staff with the provisions of this rule
21 that our -- that state that our Rate of Growth
22 Ordinance will be preserved, I will very
23 strongly recommend to the County Commission, if
24 you find this rule acceptable, that the County
25 not challenge this rule, that the County not
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1 seek to change the language of this rule.
2 That we take this rule; work with it with
3 your agencies; in good faith, try to solve the
4 problems of the Keys.
5 And, of course, we would intervene. We
6 know it will be challenged, the interests are
7 out there that will do that, and we will
8 intervene to protect the County's interest. But
9 I would strongly recommend to them that we not
10 seek to make changes.
11 I'd be happy to answer any questions that
12 anyone may have. And if not, I'll introduce
13 Commissioner London.
14 GOVERNOR CHILES: All right. Doesn't seem
15 to be any questions.
16 MR. APGAR: Thank you, sir.
17 Commissioner Jack London.
18 MR. LONDON: Good morning.
19 GOVERNOR CHILES: Good morning, sir.
20 MR. LONDON: I think this is getting to be
21 a road show. Maybe we could bring it down to
22 Monroe County at some point.
23 First of all, I'd like to introduce my
24 fellow commissioners. Standing beside me is --
25 Come up here, please, Wilhelmina.
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1 This is Wilhelmina Harvey, who I'll tell
2 you a little bit about later.
3 Also would Commissioner Reich and
4 Commissioner Douglas and Commissioner Freeman --
5 or Mayor Freeman, please stand up.
6 And I'd also like the members of the
7 Monroe County citizens group that came up here
8 today to please stand up and please show you --
9 show us how many of you did come up here. We're
10 very grateful.
11 GOVERNOR CHILES: We welcome y'all here
12 today. We're glad to have you.
13 MR. LONDON: And finally, I'd like to
14 acknowledge that Representative Horan, who's
15 been very helpful through this entire process,
16 is in the audience -- or was until a few moments
17 ago.
18 GOVERNOR CHILES: She works hard for you, I
19 can tell you that.
20 MR. LONDON: She certainly does, and we're
21 very grateful for that kind of representation.
22 I want to also thank the Cabinet members
23 who visited the Keys and took a firsthand look
24 at things. And I know others are planning to
25 come.
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1 I know that Secretary Mortham now knows
2 more about transient rentals than anybody in the
3 world. So --
4 Anyway, that's a little in joke that
5 perhaps she'll explain later.
6 In any event, I came here today -- or last
7 night to deliver another message altogether.
8 But I'm pleased to say that I've thrown those
9 remarks away, and would like to say that this
10 process that has brought us to this point has
11 been, at least in my view, a wonderful exercise
12 in give and take and compromise. Those onerous
13 elements that were in the rule that we felt we
14 couldn't live with have been removed.
15 And although we're not totally happy with
16 what the package consists of, we feel that we
17 can make a real effort to live with it. You
18 have our assurances that over the next
19 five years, we'll make every effort to do our
20 share, and participate in this partnership.
21 Essentially that's all I have to say.
22 I think this has been a very useful
23 process. And at this point, I think I'd like to
24 tell you a little bit about Commissioner Harvey,
25 who's going to say a few words to you.
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1 Commissioner Harvey is the senior elected
2 official in all of Florida. And for over
3 40 years, she's been an inspiration and a source
4 of wisdom for us in Monroe County.
5 And she also has a picture hanging in the
6 Governor's Hall of Fame upstairs. So she's one
7 of the honorees.
8 So at this point, I'd like to introduce to
9 you the grande dame of Monroe County, Mayor
10 Emeritus Wilhelmina Harvey.
11 MS. HARVEY: Thank you so much.
12 MR. LONDON: You're welcome.
13 MS. HARVEY: Honorable body, I'm really
14 taken to tears almost with such a lovely
15 introduction.
16 And I think what Mayor Pro Tem London was
17 trying to say, since I'm the only conch on the
18 Monroe County Commission, I'm an endangered
19 species.
20 But all of Monroe County, we -- we have the
21 greatest people there, the conchs are great, and
22 then the newcomers that have come to the island
23 have been just great, and they cooperate with
24 us.
25 And, you know, when you go to the state of
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1 Kentucky, they make you a colonel. Well,
2 instead, in -- when you come down to the
3 Florida Keys, we make you an honorary conch.
4 And in that beautifully composed conch
5 certificate, it reads: You're now one of the
6 world's friendliest peoples -- people. And
7 that's really true, because we really are
8 friends.
9 And I can remember when I was first
10 married, living in Louisiana, and in everybody's
11 home was a picture of the Pope. And also
12 Senator Huey P. Long.
13 Well, if you come down to the Florida Keys,
14 you will see etched in steel our gracious
15 Governor, Governor Chiles, and his assistant,
16 Buddy MacKay. And --
17 GOVERNOR CHILES: And the Pope.
18 MR. LONDON: And the Pope.
19 GOVERNOR CHILES: We're going to have to
20 give you some more time. You just keep on.
21 MS. HARVEY: Thank you.
22 Governor --
23 COMMISSIONER BROGAN: By the way, Governor,
24 the thing that you and the Pope have most in
25 common is that you both wear funny hats.
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1 MS. HARVEY: I meant that with due
2 reverence, too.
3 We came up here, Governor, and Cabinet
4 members, with very heavy hearts. And like Mayor
5 Pro Tem London, I had my little speech all
6 written out, and it took quite a long time to
7 write it, because I wasn't very complimentary,
8 and that's not my nature. I love peace and
9 cooperating with people.
10 And I'm so pleased with how you have
11 received this contingent, and you have
12 considered the problems of Monroe County that,
13 believe me, about 86,000 residents of the
14 fabulous Florida Keys will never be able to
15 forget the courtesy and the conditions which you
16 prevailed upon and made possible for us.
17 And we were so tired, you know. My
18 forefathers, they fought the Indians, then they
19 fought the pirates, then we fought hurricanes,
20 then we had depressions, and then we were going
21 to have to take on 244 million dollars. It
22 really broke our hearts.
23 But -- 244 million I meant to say.
24 And when we leave here, our hearts are
25 going to be greatly softened and lightened. And
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1 I've never seen an Executive Order which is
2 giving the Executive giving directions to how
3 all of the agencies are going to cooperate with
4 us.
5 And we're thrilled. We're just thrilled,
6 because I really think business is meant, and
7 that all of the agencies of the Cabinet and the
8 world's going to cooperate with the pioneers
9 living in Monroe County.
10 So Honorable Governor, and your
11 compatriots, thank you very, very much. And the
12 thanks comes from 86,000 residents of the
13 fabulous Florida Keys.
14 And so you will get to know that we have
15 culture and beautiful homes, despite the fact
16 we've had all those Indians and pirates, and
17 we'd like to give each one of you a little
18 vision through these little cards of the homes
19 throughout Florida Keys.
20 Again, thank you.
21 GOVERNOR CHILES: Thank you. Delighted
22 to --
23 DR. BRADLEY: Governor, the next folks that
24 we'd like to introduce are Richard Grosso of the
25 1000 Friends, and Earl Starnes also of
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1 1000 Friends.
2 MR. STARNES: Governor, good morning, sir.
3 GOVERNOR CHILES: Mr. Starnes, how are
4 you?
5 MR. STARNES: Members of the Cabinet. I'm
6 Earl Starnes, Professor Emeritus,
7 University of Florida, Director of the Division
8 of State Planning during the 1970s.
9 Shortly after I left the Division of State
10 Planning, the Legislature abolished it due to
11 its overwhelming popularity, and transferred it
12 over to DCA.
13 I'm also a founding Board member of
14 1000 Friends of Florida. I'm here again to
15 support the hearing officer's order which agrees
16 with virtually every position taken by
17 1000 Friends of Florida; and dozens, maybe
18 hundreds, of reports, both by Federal, State,
19 and private organizations throughout the years.
20 I understand there are differences between
21 the hearing officer's recommendations, and your
22 staff recommendations.
23 Our position with regard to the -- to
24 permits is that the moratorium on permits for
25 new development should be absolute. At least
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1 don't withdraw from the earlier position of
2 88 permits per year.
3 My rationale is simple. This provides a
4 greater incentive to move forward with the
5 carrying capacity studies and infrastructure
6 needs required to fulfill the recommended order,
7 which is designed to protect this very, very
8 unique ecosystem.
9 In time, as these studies are completed, as
10 these facilities become available, you will have
11 the opportunity to relax the restrictions and
12 finally, I hope, the State can -- may withdraw
13 its long, and often very painful interposition
14 in the business of local planning and
15 development management in the Florida Keys.
16 The Florida Keys has long been the focus of
17 the State's interest. In 1975, based upon the
18 recommendations of the Division of State
19 Planning, and the Department of Administration,
20 the Governor and Cabinet declared the
21 Florida Keys an area of Critical State Concern.
22 You've already heard that was reviewed by the
23 Legislature in 1979, and reconfirmed.
24 The Governor and Cabinet were at that
25 point -- had their hearings in the Florida Keys
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1 itself, which was a very precedential kind of
2 occasion.
3 It was an early adventure for this body to
4 deal directly with statewide land development
5 issues. By holding these meetings in the Keys,
6 it was certainly a clear signal to the people of
7 the Keys and the people of Florida just how
8 important the business of the environment in
9 this unique subtropical archipelago really was
10 then; and to the people of the state; and,
11 indeed, the nation.
12 Why were the Keys declared an area of
13 Critical State Concern? In September of 1973,
14 Governor Askew called for a specific coastal
15 zone study of the Keys. He said that he has
16 chosen this area to be a pilot project for a
17 complete coastal zone management plan which
18 would be responsive to the Federal Coastal Zone
19 Management Act of 1972. And set the framework
20 for a complete coastal zone management plan for
21 Florida.
22 The study -- that study, and public
23 interest in the Keys provided reasons for the --
24 the critical area designation in 1975.
25 At that time, I summarized the reasons in
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1 my presentation to the Administration
2 Commission. National and state resources
3 rapidly deteriorating because of an imbalance of
4 concerns for the interaction between the
5 environmental, urban, and economic systems.
6 I am sure it will please you to know that
7 I'm not going to reiterate the 53-page report we
8 prepared at that time.
9 GOVERNOR CHILES: Hmm.
10 MR. STARNES: It was -- it was time then
11 for the State to move aggressively in the
12 protection of this unique natural system. But
13 many years and many millions of dollars later,
14 we're still in the same dilemma.
15 I urge you to support the recommendations
16 from the hearing officer, and thank you very
17 much for your time.
18 GOVERNOR CHILES: Thank you, Mr. Starnes.
19 DR. BRADLEY: Mr. Grosso, he's also going
20 to take up some of the positions that
21 Casey Gluckman would have -- if she had been
22 here -- she was injured in some sort of accident
23 yesterday.
24 MR. GROSSO: Good morning, Governor Chiles,
25 members of the Cabinet, I'm Richard Grosso with
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1 1000 Friends of Florida.
2 And I've also been asked to represent the
3 interests of the Florida Wildlife Federation and
4 the National Audubon Society, as well as the
5 Wilderness Society this morning.
6 We have been there every step of the way
7 since 1991 when this growth management process
8 started in the Keys, been to most of the
9 hearings, we've negotiated with the State and
10 the County, with other interest groups in the
11 Keys.
12 I dare say, we are largely -- the folks we
13 worked with, responsible for the findings of
14 fact that you adopted on December 12th of 1995.
15 We wrote -- we've written a number of
16 letters, we wrote one as recently as this week
17 detailing word for word the things that we feel
18 need to be in the proposed rule in order for it
19 to comply with the findings, in order for it to
20 reverse the decline in the Keys, and save the
21 Florida Keys.
22 The negotiations of the last couple of days
23 did not include us. We haven't been a party to
24 them.
25 I can tell you today that -- that what's
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1 before you does not comply with the findings of
2 fact the hearing officer made, does not comply
3 with the findings of fact you adopted in
4 December of 1995. It takes the same approach
5 that was rejected in those findings.
6 It doesn't even include things that we all
7 agreed to in the negotiations that you sent us
8 to after your December meeting. It recedes from
9 decisions you made at your December meeting, it
10 continues to ignore the economic realities of
11 the real costs of development in the Keys and
12 the real costs of environmental degradation.
13 Doesn't do anything to fundamentally change
14 how we manage growth in the Keys. It takes
15 20 years of an approach under critical concern,
16 and it just perpetuates the exact same approach
17 that put us here in the first place.
18 It takes the opportunity -- maybe the last
19 one that we'll ever have, for the Growth
20 Management Act to come in and really change our
21 approach in the Keys, and it wastes that
22 opportunity.
23 That is our assessment of the rule before
24 you. We've given very specific language as to
25 how it should be fixed. We urge you to adopt
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1 that language, and those changes to the rule.
2 Thank you.
3 GOVERNOR CHILES: Thank you, sir.
4 DR. BRADLEY: Mr. Gregg Goldfarb of --
5 representing the Florida Keys Citizens Coalition
6 and the Upper Keys.
7 MR. GOLDFARB: Good morning, Governor, and
8 Cabinet members. My name is Gregg Goldfarb, and
9 I'm representing the Florida Keys Citizens
10 Coalition, and the Upper Keys Citizens
11 Association.
12 We're here today to present three modest
13 proposals to save the Florida Keys and the
14 natural resources. I will -- I will elaborate
15 on these proposals at the end of my speech.
16 The last time I was here, I displayed a
17 recent study that was done by the University of
18 Florida -- South Florida, which showed that from
19 the time you're flushing the toilet in the Keys,
20 takes about 11 hours before the pollutants from
21 the wastewater are contaminating the coral reefs
22 and the nearshore waters. These are the same
23 systems that are going to be used with future
24 growth.
25 The scientists that performed this study,
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1 Joan -- John -- John Paul, states that this
2 contamination presents a health risk to human
3 population. You might consider what this means
4 in legal terms.
5 The County's presented three arguments
6 against zero growth, which is my client's
7 position, or 88 units. These three arguments
8 have been that it will burden the tax roll, it
9 will hurt the construction industry, and that it
10 will cost 800 million dollars to the land owners
11 who are denied permits. These arguments are
12 without merit.
13 The United States Supreme Court throughout
14 this century has always held that a landowner is
15 not entitled to compensation if their land use
16 is prohibited because it presents a human health
17 risk.
18 This is the third time that we have come
19 forward on this issue to the Cabinet. The first
20 two times, we were discussing zero, 88, or
21 255 units. The last time we met, we discovered
22 that there are 800 vested units that will be
23 built. These 800 vested units will suffice the
24 tax roll issues, and also keep the construction
25 industry busy.
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1 Our modest proposals are this: First and
2 foremost, these 800 vested units must be
3 accounted for in whatever rate of growth that
4 you issue.
5 Our second one is -- concerns the funding
6 policy number 4. In that policy, you discuss
7 that the County is required to implement this
8 plan to the extent that funds are not
9 available. If no funds are available, that
10 means that the rate of growth will continue, and
11 the County will not correct the environmental
12 problems.
13 We request, as our second modest proposal,
14 that if there is no funding, that there is a
15 cessation of building until this funding is
16 found.
17 The last -- the third modest proposal that
18 we set forth comes from three eighty oh five
19 five two, which authorizes the Governor to set
20 up a Governor's Resource Committee. We believe
21 this committee is necessary to monitor all the
22 activities in the five-year workplan.
23 In your final order, it states that the
24 County has to set a 24-hour hurricane evacuation
25 clearance time. The final order also finds as a
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1 fact that as of 1990, that evacuation time
2 exceeded this 24-hour clearance. This is
3 support for a moratorium, in addition to the
4 environmental problems that we've established.
5 I appreciate the fact that all the
6 Commissioners have come down here today and have
7 applauded all the efforts. Unfortunately, the
8 question is not whether these commissioners will
9 be in power five years from now, the question is
10 whether the natural resources in Monroe County
11 will be here.
12 The natural resources of Monroe County help
13 the -- Monroe County's economy, the tourist and
14 fishing economy. Will these economies be in
15 existence five years from today? I believe that
16 the answer will be dependent upon the rate of
17 growth that you set forward in your plan.
18 Thank you.
19 GOVERNOR CHILES: Thank you, sir.
20 DR. BRADLEY: The last speaker I have
21 information on is Stephanie Gehres of DCA.
22 MS. GEHRES: Good morning, Governor,
23 members of the Cabinet, I'm Stephanie Gehres,
24 General Counsel for the Department of Community
25 Affairs.
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1 We're pleased that the Board of County
2 Commissioners could make it here today, and also
3 that the other party representatives have a
4 chance to address you.
5 In this process, as a result of the
6 Governor and the Cabinet's order back in
7 December, we've been working very closely, all
8 parties, to try to coordinate this process and
9 come up with a proposed rule that will address
10 not only the findings of the -- the recommended
11 and final orders, but also do that in a
12 practical and implementable manner.
13 What we're asking the Commission to do
14 today is approve a rule to send forward for
15 rulemaking. The draft you have before you will
16 proceed from here to a series of public hearings
17 in the Florida Keys to take public input on the
18 rule, and also there will be a period to allow
19 affected citizens to challenge the rule based on
20 satisfying standing requirements under
21 Chapter 120. It's imperative that this
22 rulemaking process go forward.
23 As we've stated on many occasions before
24 the Cabinet, the clock is ticking for the
25 Florida Keys, and we urge the Cabinet to take
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1 action today to approve a proposed rule to go to
2 the public hearing process.
3 Specifically, this proposed rule that you
4 have before you today, this is the
5 recommendation of the Administration Commission
6 staff. This document embodies hours and hours
7 of hard work by the recommend-- by the
8 Administration Commission staff. And
9 Teresa Tinker and her staff are to be commended
10 on the excellent effort that went into
11 production of this document.
12 Now, the Department of Community Affairs
13 has throughout this proceeding urged the Cabinet
14 to reduce the rate of growth in Monroe County
15 for a period of time, to allow the County a
16 chance to catch up on the wastewater quality
17 problems, to address the habitat protection
18 needs, and also to study the environmental
19 carrying capacity for the Florida Keys.
20 The Department maintains its position that
21 a reduced rate of growth, starting at 88 permits
22 per year, and working forward based on
23 achievement of the objectives in the workplan,
24 is consistent with the findings of the final
25 order, and will address the problems that have
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1 been identified in the final order.
2 However, let me state on behalf of the
3 Department that this draft that you have before
4 you that has the permit cap set at 255 and
5 requires completion of the objectives of the
6 five-year workplan each year in order to
7 maintain that 255, will not be objected to by
8 the Department or challenged by the Department
9 so long as it is directly connected to cesspit
10 removal on a one-to-one basis at least, and it
11 is directed -- directly connected to achieving
12 the objectives in the five-year work program.
13 The objectives in the five-year work
14 program are all feasible, they are directly
15 taken out of the existing comprehensive plan
16 that was approved by DCA and the Cabinet in
17 January of 1996.
18 This workplan exemplifies the provisions of
19 the existing plan, as well as previous
20 commitments by the County. And what the
21 workplan does is put -- put achievement of these
22 objectives and these commitments on a schedule.
23 The Department of Community Affairs,
24 Department of Environmental Protection, and the
25 Governor's Office of Planning and Budgeting have
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1 been aggressively pursuing funding initiatives
2 to implement the workplan, as has the
3 Monroe County legislative delegation,
4 Representative Horan, and Senator Jones.
5 The Executive Order that the Governor has
6 executed today also provides for directives to
7 these State agencies, as well as others, to make
8 sure that the State of Florida does its part in
9 securing funding for Monroe County to implement
10 these objectives.
11 I just want to point out one other thing
12 that was said by a previous speaker, and then
13 I'll be glad to entertain any questions.
14 There is a proposed bill in the Legislature
15 right now. It does not attempt to -- to put
16 extra authority in the Department or anything
17 extra --
18 (Governor Chiles exited the room.)
19 MS. GEHRES: -- that the Department can
20 impose upon Monroe County. It merely attempts
21 to streamline this very complicated
22 administrative process where you have
23 Chapter 163, Compliance Review; Chapter 380,
24 Principals for Guiding Development Review and
25 Rulemaking, to streamline this process so the
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1 next time we come before you on a plan amendment
2 for Monroe County, we won't have to have this
3 complicated, administrative procedure.
4 And the proposed bill merely attempts to
5 shift the Department's existing authority under
6 the area of Critical State Concern statute to
7 the Growth Management Act statute, just to make
8 the process a lot simpler for the local
9 government, as well as the State agencies.
10 And we're working very closely with the
11 Monroe County attorneys, as well as the
12 Monroe County legislative delegation to
13 streamline that bill before presentation to the
14 Legislature.
15 Be glad to answer any questions now, or I
16 will be here forever.
17 SECRETARY MORTHAM: Commissioner Nelson.
18 TREASURER NELSON: One of the things that
