Cabinet
Affairs |
1
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
4
Representing:
5
STATE BOARD OF ADMINISTRATION
6 DIVISION OF BOND FINANCE
INFORMATION RESOURCE COMMISSION
7 DEPARTMENT OF REVENUE
DEPARTMENT OF LAW ENFORCEMENT
8 STATE BOARD OF EDUCATION
ADMINISTRATION COMMISSION
9 FLORIDA LAND AND WATER
ADJUDICATORY COMMISSION
10 MARINE FISHERIES COMMISSION
TRUSTEES OF THE INTERNAL
11 IMPROVEMENT TRUST FUND
12
The above agencies came to be heard before
13 THE FLORIDA CABINET, Honorable Governor Chiles
presiding, in the Cabinet Meeting Room, LL-03,
14 The Capitol, Tallahassee, Florida, on Tuesday,
September 10, 1996, commencing at approximately
15 9:44 a.m.
16
17 Reported by:
18 LAURIE L. GILBERT
Registered Professional Reporter
19 Certified Court Reporter
Notary Public in and for
20 the State of Florida at Large
21
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23 ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
24 TALLAHASSEE, FLORIDA 32301
904/878-2221
25 1-800/934-9090
2
1 APPEARANCES:
2 Representing the Florida Cabinet:
3 LAWTON CHILES
Governor
4
BOB CRAWFORD
5 Commissioner of Agriculture
6 BOB MILLIGAN
Comptroller
7
SANDRA B. MORTHAM
8 Secretary of State
9 BOB BUTTERWORTH
Attorney General
10
BILL NELSON
11 Treasurer
12 FRANK T. BROGAN
Commissioner of Education
13
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ACCURATE STENOTYPE REPORTERS, INC.
September 10, 1996
3
1 I N D E X
2 ITEM ACTION PAGE
3 VOTE ON APPOINTMENT FOR ELECTIONS COMMISSION:
4 Approved 7
5 STATE BOARD OF ADMINISTRATION:
(Presented by Barbara L. Jarriel, CFA,
6 Acting Executive Director)
7 1 Approved 8
2 Approved 9
8 3 Approved 9
4 Approved 10
9 5 Approved 10
6 Approved 10
10 7 Approved 11
8 Approved 12
11 9 Approved 21
12 DIVISION OF BOND FINANCE:
(Presented by J. Ben Watkins, III,
13 Director)
14 1 Approved 22
2 Approved 22
15 3 Approved 25
4 Approved 26
16 5 Approved 26
6 Approved 27
17 7 Approved 27
18 INFORMATION RESOURCE COMMISSION:
(Presented by John Douglas,
19 Interim Executive Director)
20 1 Approved 28
2 Approved 28
21 3 Approved 29
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ACCURATE STENOTYPE REPORTERS, INC.
September 10, 1996
4
1 I N D E X
(Continued)
2
ITEM ACTION PAGE
3
DEPARTMENT OF LAW ENFORCEMENT:
4 (Presented by James T. Moore,
Executive Director)
5
1 Approved 30
6 2 Approved 33
3 Approved 33
7 4 Approved 34
8 DEPARTMENT OF REVENUE:
(Presented by L.H. Fuchs,
9 Executive Director)
10 1 Approved 39
2 Approved 43
11 3 Approved 44
4 Approved 44
12
STATE BOARD OF EDUCATION:
13 (Presented by Robert L. Bedford, Ph.D.,
Deputy Commissioner)
14
1 Approved 46
15 2 Approved 46
3 Approved 46
16 4 Approved 47
5 Withdrawn 47
17 6 Approved 47
7 Approved 48
18 8 Approved 48
9 Withdrawn 48
19 10 Approved 48
11 Approved 49
20 12 Approved 49
13 Approved 51
21 14 Approved 51
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ACCURATE STENOTYPE REPORTERS, INC.
September 10, 1996
5
1 I N D E X
(Continued)
2
ITEM ACTION PAGE
3
ADMINISTRATION COMMISSION:
4 (Presented by Robert B. Bradley, Ph.D.,
Secretary)
5
1 Approved 53
6 2 Approved 53
3 A. Approved 53
7 3 B. Deferred 54
4 Approved 54
8 5 Approved 54
6 Approved 55
9
FLORIDA LAND AND WATER
10 ADJUDICATORY COMMISSION:
(Presented by Robert B. Bradley, Ph.D.,
11 Secretary)
12 1 Approved 56
2 Deferred 61
13
MARINE FISHERIES COMMISSION:
14 (Presented by Russell S. Nelson, Ph.D.,
Executive Director)
15
A Approved 62
16 B Approved 62
C Approved 62
17 D Approved 63
E Withdrawn 63
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ACCURATE STENOTYPE REPORTERS, INC.
September 10, 1996
6
1 I N D E X
(Continued)
2
ITEM ACTION PAGE
3
BOARD OF TRUSTEES,
4 INTERNAL IMPROVEMENT
TRUST FUND:
5 (Presented by Kirby B. Green, III,
Deputy Secretary)
6
1 Approved 68
7 2 Approved 68
3 Approved 69
8 4 Approved 69
5 Approved 69
9 6 Approved 70
7 Approved 70
10 8 Withdrawn 70
9 Approved 70
11 10 Approved 71
11 Approved 71
12 12 Approved 71
13 Approved 71
13 14 Approved 71
15 Approved 72
14 16 Approved 72
17 Approved 72
15 18 Approved 72
19 Approved 73
16 20 Approved 73
Substitute 21 Approved 73
17 Substitute 22 Deferred 73
23 Approved
18 (Substitute Motion) 96
24 Approved 97
19 25 Approved 97
26 Approved 97
20 27 Approved 123
28 Approved 123
21 29 Withdrawn 124
30 Approved 181
22
23 CERTIFICATE OF REPORTER 183
24 *
25
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON APPOINTMENT FOR ELECTIONS COMMISSION
September 10, 1996
7
1 P R O C E E D I N G S
2 (The agenda items commenced at 10:19 a.m.)
3 (Commissioner Crawford exited the room.)
4 GOVERNOR CHILES: We need a -- a motion and
5 a vote to approve Julie McClure's appointment to
6 the Florida Elections Commission.
7 Whose --
8 SECRETARY MORTHAM: Move approval.
9 COMMISSIONER BROGAN: Second.
10 GOVERNOR CHILES: It's been moved and
11 seconded.
12 Without objection, that's approved.
13 Our next Cabinet meeting will be on
14 September 26.
15 (The Vote on the Appointment for the
16 Florida Elections Commission Agenda was
17 concluded.)
18 *
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
8
1 GOVERNOR CHILES: And now State Board of
2 Administration.
3 MS. JARRIEL: Good morning.
4 The first item we have this morning is an
5 approval of the minutes of the meeting held on
6 July 23rd.
7 TREASURER NELSON: Move it.
8 GOVERNOR CHILES: Motion and --
9 TREASURER NELSON: General Milligan.
10 COMPTROLLER MILLIGAN: Sir?
11 TREASURER NELSON: We need a second.
12 COMPTROLLER MILLIGAN: I'm busy.
13 Second.
14 GOVERNOR CHILES: Motion and delayed second
15 on the meeting -- the minutes.
16 Without objection, they're approved.
17 (Commissioner Crawford entered the room.)
18 TREASURER NELSON: He's still trying to
19 figure out the Macarena.
20 COMPTROLLER MILLIGAN: I think I did it
21 pretty good.
22 COMMISSIONER BROGAN: Yes, you did. That's
23 halfway sort of a drill.
24 MS. JARRIEL: The next item we have is a
25 recommendation to approve fiscal sufficiency,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
9
1 not to exceed --
2 (Attorney General Butterworth exited the
3 room.)
4 MS. JARRIEL: -- six million one hundred
5 and eighty-five thousand dollars Board of
6 Regents, Central Florida Bookstore Revenue
7 Bonds.
8 TREASURER NELSON: Move it.
9 COMPTROLLER MILLIGAN: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 MS. JARRIEL: The next item is a
13 recommendation to approve fiscal sufficiency not
14 to exceed seven million seven hundred and
15 fifty thousand dollars, Florida
16 Housing Finance Agency Housing Revenue Bonds,
17 Tiffany Club Apartments project.
18 TREASURER NELSON: Move it.
19 COMPTROLLER MILLIGAN: Second.
20 GOVERNOR CHILES: Moved and seconded.
21 Without objection, that's approved.
22 MS. JARRIEL: The item next is a
23 recommendation to approve fiscal sufficiency not
24 to exceed eight million nine hundred and
25 twenty-five thousand Florida Housing Finance
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
10
1 Agency Housing Revenue Bonds, Woodbridge
2 Apartments project.
3 TREASURER NELSON: Move it.
4 COMPTROLLER MILLIGAN: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 MS. JARRIEL: The next item is a
8 recommendation to approve fiscal sufficiency not
9 to exceed twenty-two million eight hundred and
10 fifty thousand dollars, Florida Finance Housing
11 Agency bonds, Mariner Club Apartments project.
12 TREASURER NELSON: Move it.
13 COMPTROLLER MILLIGAN: Second.
14 GOVERNOR CHILES: Moved and seconded.
15 Without objection, it's approved.
16 MS. JARRIEL: Another recommendation to
17 approve fiscal sufficiency not to exceed
18 sixty-one million five hundred and seventy-five
19 thousand dollar, Florida Housing Finance Agency
20 homeowner mortgage revenue bonds.
21 TREASURER NELSON: Move it.
22 COMPTROLLER MILLIGAN: Second.
23 GOVERNOR CHILES: Has a motion and a
24 second.
25 Without objection, that's approved.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
11
1 MS. JARRIEL: Item number 7 recommends two
2 amendments to the SBA rules. The first
3 amendment is to facilitate a more automated
4 process, and to recognize the increase in
5 electronic payments.
6 The second item simply incorporates into
7 the SBA rules a legislative change which was
8 made --
9 (Attorney General Butterworth entered the
10 room.)
11 MS. JARRIEL: -- this year regarding
12 interest rate waivers, and Board approval
13 thereof.
14 TREASURER NELSON: Move it.
15 MS. JARRIEL: We recommend adoption of the
16 rules, please.
17 COMPTROLLER MILLIGAN: Motion.
18 TREASURER NELSON: Move it.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, it's approved.
21 MS. JARRIEL: Item number 8 we submit for
22 your review and approval, the investment
23 performance and fund balance reports for the
24 month of July.
25 COMPTROLLER MILLIGAN: Motion.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
12
1 TREASURER NELSON: Second.
2 GOVERNOR CHILES: Motion and seconded.
3 Without objection, it's approved.
4 MS. JARRIEL: The next item, Item number 9,
5 relates to the Inland Protection Financing
6 Corporation.
7 This corporation was created in
8 Section 376.3075, Florida Statutes. Since the
9 members of the SBA Board are named under this
10 statute as members of the Board of Directors for
11 this corporation, we would like to hold the
12 first organizational meeting of this corporation
13 in conjunction with the SBA meeting.
14 This meeting is necessary to facilitate the
15 validation process, which is critical to the
16 corporation's ability to issue debt to pay the
17 existing reimbursement obligations.
18 The other two members of this corporation
19 named by statute are the Secretary of the
20 Department of Environmental Protection, and the
21 Chairman of the Black Business Investment Board.
22 I'd like to call at this time to the podium
23 the designee by the Secretary of Department of
24 Environmental Protection, Mr. Kirby Green, the
25 Deputy Secretary; and the Chairman of the Black
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
13
1 Business Investment Board, Mr. Keith Carswell.
2 Thank you.
3 And, Governor, we request that you call the
4 organizational meeting of this corporation to
5 order.
6 GOVERNOR CHILES: All right. The
7 organizational meeting of the Corporation is
8 called to order.
9 We need a -- a motion for the election of
10 officers. In fact, I think -- can we do this
11 all with one motion and second?
12 MS. JARRIEL: We can certainly do it with
13 one motion. There is presented to the Board
14 members Items A through F, which include in
15 addition to a slate of officers, the articles of
16 incorporation, bylaws, corporate seals,
17 administrative services contract, and direction
18 of the Secretary to set these actions in the
19 minutes of the corporation.
20 We can request a motion to adopt Items A
21 through F presented on the agenda.
22 GOVERNOR CHILES: All right.
23 TREASURER NELSON: I so move.
24 GOVERNOR CHILES: We have a motion.
25 COMPTROLLER MILLIGAN: May I --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
14
1 GOVERNOR CHILES: Yes, sir.
2 COMPTROLLER MILLIGAN: -- raise a couple of
3 questions or comments really, Governor.
4 (Secretary Mortham exited the room.)
5 COMPTROLLER MILLIGAN: Barbara, if you
6 would, you know, this is a particular subject
7 that's going to receive a lot of scrutiny. It's
8 a real challenge to handle the problems that are
9 going to come before this particular
10 corporation.
11 In fact, you can almost say it's a bag of
12 worms that you're going to have to try to sort
13 out.
14 And I am curious as to how you view -- or
15 how really the officers will view -- the
16 decision making process. Who has the decision
17 making authority, and who has accountability for
18 those decisions?
19 Would you care to comment?
20 MS. JARRIEL: Yes. I'll certainly be happy
21 to do that.
22 In fact, General, I had planned to review,
23 subsequent to the coverage of those items, I
24 know that your interest is specifically in the
25 case of our selection of bond counsel and
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
15
1 financial advisor.
2 Under normal SBA business, the Board grants
3 to the Executive Director by rule the authority
4 to conduct such matters.
5 I believe the Board was particularly
6 complimentary of the way that we conducted the
7 first organizational meeting of the Florida
8 Hurricane Catastrophe Fund, and we felt that
9 since that pattern had been established, and the
10 objectives of this corporation are very similar
11 in nature, that we could follow suit.
12 The statute specifically provides to the
13 Executive Director of the SBA the ability to
14 direct and supervise the administrative affairs
15 of the corporation; and to control, direct, and
16 supervise the operation.
17 The one critical element in being able to
18 proceed with validation was the retention of
19 bond counsel.
20 In order for us to be in a position to be
21 able to issue the bonds at the point in time at
22 which the Department of Environmental Protection
23 is able to provide to us a final number for the
24 outstanding reimbursement claims, the validation
25 process itself may take several months,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
16
1 depending on court calendars. So we felt that
2 was critical.
3 We established an RFP process, and we
4 assigned five team members. We had
5 representatives from, I believe, the Division of
6 Bond Finance; the Cat Fund; representatives
7 within the SBA for that purpose.
8 COMPTROLLER MILLIGAN: That was done
9 through a competitive process.
10 MS. JARRIEL: It was done through a --
11 COMPTROLLER MILLIGAN: Yes.
12 MS. JARRIEL: -- competitive process.
13 COMPTROLLER MILLIGAN: Okay.
14 (Secretary Mortham entered the room.)
15 MS. JARRIEL: In the case of financial
16 advisor, as you know, the SBA typically is an
17 investor, as opposed to an issuer, and we felt
18 it was important to rely upon the experience and
19 the expertise of the Division of Bond Finance.
20 They just had approved by the Governor and
21 the Cabinet in July a list of four firms which
22 were attained through an RFP process to serve as
23 financial advisor for the Division of
24 Bond Finance related issues.
25 When we asked for the opinion of the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
17
1 Division of Bond Finance in this issue, they
2 felt that we, too, could utilize that stable of
3 four financial advisors for this purpose as
4 well.
5 And since this is a brand new program, and
6 there's no particular expertise in the market
7 with regard to it, it was the opinion of our
8 director of the Division of Bond Finance that we
9 simply take the firm that rated highest in the
10 original scoring.
11 COMPTROLLER MILLIGAN: We did not choose to
12 do that in the previous corporation in terms of
13 the Cat Fund; is that correct?
14 MS. JARRIEL: Actually, in terms of the
15 Cat Fund, we did the opposite in terms of bond
16 counsel. We had utilized a firm for quite some
17 time --
18 COMPTROLLER MILLIGAN: Yes.
19 MS. JARRIEL: -- to establish the tax
20 opinion and so forth, and they had a great deal
21 of expertise in that area.
22 We have a co-advisor who was part of this
23 group of four. But clearly in the case of the
24 Cat Fund, that's going to be a tremendously
25 large issue, multibillion dollars. And it was
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
18
1 clear early on that we would need another
2 financial advisor as well, that might not meet
3 the needs -- that would meet the needs of
4 Bond Finance for normal State bond issuance, but
5 could not meet the needs of the Cabinet.
6 COMPTROLLER MILLIGAN: And it's your --
7 your position that that authority to make that
8 selection, even prior to the forming of this
9 corporation, was within your -- your bounds.
10 MS. JARRIEL: We believe that it is.
11 COMPTROLLER MILLIGAN: And you have no
12 intention to bring in a recommendation -- or did
13 not have any intention to bring a recommendation
14 to the officers, or to the Board of Directors.
15 MS. JARRIEL: Right. We had --
16 COMPTROLLER MILLIGAN: Is that correct?
17 MS. JARRIEL: We had not planned to do
18 that. However, having said that, if there is
19 any concern on the part of the corporation, we
20 feel that moving forward with bond counsel is
21 critical, because time is of the essence in
22 being able to proceed with our validation
23 process.
24 You know, however, if other members of the
25 corporation would like to readdress the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
19
1 financial advisor selection, we would be happy
2 to do that.
3 But we certainly felt that because the
4 Division of Bond Finance had just done an RFP
5 and had it approved by the Governor and the
6 Cabinet a couple of months ago, that that stable
7 of four financial advisors would be an
8 acceptable selection of firms to --
9 COMPTROLLER MILLIGAN: I will not dispute
10 that logic, because I think it was probably
11 sound logic.
12 But when you are given certain
13 responsibility in terms of decision making, but
14 others are still held accountable, I think it's
15 an appropriate thing to try to bring to the
16 people that are held accountable,
17 recommendations on some of these more critical
18 decisions, such as, a selection of the bond
19 counsel, such as the selection of the financial
20 advisor.
21 It's -- that is my view. And I would hope
22 that, not necessarily at this meeting, but
23 before too long, that you do come before --
24 before the Board, and advise them as to what
25 your recommendations are.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
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1 And I would like to make that a -- an
2 element of the movement of this process.
3 MS. JARRIEL: Right. We would be --
4 COMPTROLLER MILLIGAN: But accountability
5 will rest with the Board.
6 MS. JARRIEL: Right. We would be happy to
7 do that.
8 If everyone is comfortable with the process
9 itself, as it has been described, we can
10 certainly provide those recommendations this
11 morning to ensure that the corporate officers,
12 and the Board, are comfortable with the
13 selections.
14 And obviously, as I said, it's most
15 important that bond counsel be retained. And if
16 we want to address the financial advisor later,
17 we can certainly do that. And I would be
18 interested in any comment --
19 COMPTROLLER MILLIGAN: Well, I concur -- I
20 concur that bond counsel is critical. You went
21 through an RFP process to come up with a bond
22 counsel, and I think your selection process is
23 certainly adequate.
24 I personally would like to see us always
25 compete matters of this importance, and
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
September 10, 1996
21
1 particularly those things that are dealing with
2 a very, very swirly operation that needs to be
3 repaired as a result of this corporation.
4 So I --
5 MS. JARRIEL: I understand.
6 COMPTROLLER MILLIGAN: -- I would accept
7 the motion that we accept these matters before
8 us, A through F, with the proviso that we do see
9 a recommendation on selection of the bond
10 counsel and selection of the financial advisor.
11 GOVERNOR CHILES: All right. It's been
12 moved and seconded.
13 Without objection, it's approved.
14 Thank you, ma'am.
15 (The State Board of Administration Agenda
16 was concluded.)
17 *
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ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
September 10, 1996
22
1 GOVERNOR CHILES: Division of Bond Finance.
2 MR. WATKINS: Item number 1 is approval of
3 the minutes of the July 23rd meeting.
4 COMMISSIONER BROGAN: So move.
5 SECRETARY MORTHAM: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, the minutes are
8 approved.
9 MR. WATKINS: Item number 2 is a resolution
10 authorizing the competitive sale of six million
11 one hundred eighty-five thousand Board of
12 Regents Revenue Bonds for additions and
13 renovations to the University of Central Florida
14 Bookstore.
15 COMMISSIONER BROGAN: Move approval.
16 SECRETARY MORTHAM: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, it's approved.
19 MR. WATKINS: Item number 3 is a resolution
20 authorizing the use of excess proceeds from
21 prior bond issues for the renovation of the
22 Sony Building.
23 COMPTROLLER MILLIGAN: Motion.
24 GOVERNOR CHILES: There's a motion.
25 SECRETARY MORTHAM: I've got a question.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
September 10, 1996
23
1 GOVERNOR CHILES: Question.
2 SECRETARY MORTHAM: Yes.
3 GOVERNOR CHILES: Yes, ma'am.
4 SECRETARY MORTHAM: I know that this
5 particular item has come before the Governor and
6 Cabinet twice before seeking funds for the
7 purchase and renovation of this particular
8 facility.
9 Can you tell us why we're seeing the
10 request for additional funds again?
11 MR. WATKINS: I've got someone here from
12 the Department of Management Services to address
13 any questions regarding the funding of the
14 Sony Building.
15 This is Jim Mayne -- Mayne with the
16 Department of Management Services, who's
17 overseeing the acquisition and renovation of the
18 Sony Building, and can better address that
19 question.
20 MR. MAYNE: Thank you.
21 This is actually the fourth time,
22 Secretary Mortham, that this has come before the
23 Cabinet.
24 The first was the acquisition of the
25 Sony Building last year when we came to you with
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
September 10, 1996
24
1 the purchase contract that was a million dollars
2 below appraisal, 5.5 million, compared to
3 six-and-a-half million.
4 But this is the third time for a -- a bond
5 issue resolution item. And we're here
6 because -- today because, quite frankly, we had
7 a -- an oversight by our contractor in
8 developing the estimate of what it would take to
9 finish the renovations. And that half
10 million dollars will repair that oversight.
11 And we will not be back a fifth time, I
12 guarantee you.
13 SECRETARY MORTHAM: Okay. Just to
14 follow up then, it was a million dollars under
15 the appraised value. If this is the third time
16 for a half million, could you just refresh us on
17 what the other two were?
18 MR. MAYNE: The -- the original issue of
19 15 million dollars covered the five-and-a-half
20 million dollar acquisition, and the -- what we
21 estimated at that time to -- to be the cost of
22 the renovations.
23 The -- the second issue, 2.3 million
24 dollars, it was part of a 5 million dollar
25 issue, had another project involved. Those
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
September 10, 1996
25
1 estimates were flawed, because we were not aware
2 at that time of the impact of the revisions to
3 the building code in south Florida that related
4 to Hurricane Andrew.
5 And there was a recovery in the
6 construction market that made prices not as
7 advantageous as we thought we would -- they
8 would be when we had the original estimate
9 drawn. So we underestimated.
10 But we didn't want to generate surpluses,
11 so we asked for a bond issue that represented
12 what we thought we would spend, 15 million
13 dollars originally, upgraded to 17.3. We're
14 going to finish the job with 17.8.
15 SECRETARY MORTHAM: Okay.
16 GOVERNOR CHILES: Is there a second?
17 COMMISSIONER BROGAN: Second.
18 GOVERNOR CHILES: Second.
19 Without objection, it's approved.
20 MR. WATKINS: Item number 4 is a resolution
21 authorizing the negotiated sale of three
22 multifamily housing revenue bond issues for and
23 on behalf of the Florida Housing Finance Agency,
24 and the first competitive sale of a single
25 family housing bond issue.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
September 10, 1996
26
1 SECRETARY MORTHAM: Move approval, with
2 congratulations.
3 COMMISSIONER BROGAN: Second.
4 GOVERNOR CHILES: There's a motion and a
5 second.
6 And without objection, that's approved.
7 MR. WATKINS: Item number 5 is a report of
8 award of two hundred twelve million dollar PECO
9 bonds. Bonds -- bids were received for this
10 issue on July 23rd Division of Bond Finance, and
11 the bonds were awarded to the low bidder at a
12 true interest cost of approximately
13 5.72 percent.
14 (Treasurer Nelson exited the room.)
15 SECRETARY MORTHAM: Move acceptance of the
16 report.
17 COMMISSIONER BROGAN: Second.
18 GOVERNOR CHILES: It's been moved and
19 seconded.
20 Without objection, it's approved.
21 MR. WATKINS: Item number 6 is 150 million
22 Department of Transportation right-of-way
23 bonds. Bids were received at the Division of
24 Bond Finance on August 15, 1996, and the bonds
25 were awarded to the low bidder at a true
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
September 10, 1996
27
1 interest cost of approximately 5.58 percent.
2 COMMISSIONER BROGAN: Move approval.
3 SECRETARY MORTHAM: Second.
4 GOVERNOR CHILES: Moved and seconded.
5 Without objection, that's approved.
6 MR. WATKINS: Item number 7 is a report of
7 award of two multifamily housing revenue bond
8 issues negotiated by the Division of
9 Bond Finance on behalf of the Florida Housing
10 Finance Agency.
11 Item (A) was at a true interest cost rate
12 of approximately 6.42 percent; and item (B), at
13 a true interest cost rate of approximately
14 6.1 percent.
15 COMMISSIONER BROGAN: Move approval.
16 SECRETARY MORTHAM: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, that's approved.
19 (The Division of Bond Finance Agenda was
20 concluded.)
21 *
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
INFORMATION RESOURCE COMMISSION
September 10, 1996
28
1 GOVERNOR CHILES: Information Resource
2 Commission.
3 MR. DOUGLAS: Good morning, Governor, and
4 members of the Cabinet.
5 Item 1 is the minutes of the meeting of
6 May 14th.
7 SECRETARY MORTHAM: Move approval.
8 COMMISSIONER BROGAN: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 MR. DOUGLAS: Item 2 is the Information
12 Resource Commission's quarterly performance
13 report for April 1st through June 30th, 1996.
14 COMMISSIONER BROGAN: Move it.
15 GOVERNOR CHILES: Moved and --
16 SECRETARY MORTHAM: Second.
17 GOVERNOR CHILES: -- seconded.
18 Without objection, it's approved.
19 MR. DOUGLAS: On Item 3, Governor, we'd
20 like to express our appreciation to the agencies
21 for their cooperation in helping us coordinate
22 the Agency's Strategic Plans for Information
23 Resources Management. And also on the quality
24 of the effort from all of the agencies during
25 this process.
ACCURATE STENOTYPE REPORTERS, INC.
INFORMATION RESOURCE COMMISSION
September 10, 1996
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1 It has allowed us to bring forward all
2 66 Agency Strategic Plans for Information
3 Resources Management for your approval this
4 morning.
5 We recommend.
6 SECRETARY MORTHAM: Move approval.
7 COMMISSIONER BROGAN: Second.
8 GOVERNOR CHILES: Very good.
9 COMPTROLLER MILLIGAN: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 MR. WATKINS: Thank you, Governor.
13 (The Information Resource Commission Agenda
14 was concluded.)
15 *
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ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
September 10, 1996
30
1 GOVERNOR CHILES: Florida Department of Law
2 Enforcement.
3 MR. MOORE: Good morning, Governor, and
4 Cabinet members.
5 Item 1 is the minutes of the June 25, '96,
6 Cabinet meeting.
7 SECRETARY MORTHAM: Move approval.
8 ATTORNEY GENERAL BUTTERWORTH: Second.
9 COMMISSIONER BROGAN: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 MR. MOORE: Item 2 is the Department's
13 fiscal year progress report for fiscal year
14 95-96.
15 SECRETARY MORTHAM: Move approval.
16 COMMISSIONER BROGAN: Second.
17 GOVERNOR CHILES: Give us a little
18 description of what you've got here.
19 And it's been approved --
20 MR. MOORE: Well, there's a lot of good
21 news in that progress report, Governor.
22 You recall last time in our conversation, I
23 talked particularly about the success we've had
24 in apprehending violent felony fugitives,
25 working very closely with local
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
September 10, 1996
31
1 law enforcement.
2 In addition to that, we've continued our
3 efforts on high level drug organizations in this
4 state. We've not abated that focus at all.
5 Over this fiscal year, we've -- we targeted
6 290 investigations -- major organized crime
7 investigations of the drug arena.
8 Those investigations resulted in over
9 300 arrests, and the seizure of over 91 million
10 dollars worth of drugs and property. So we're
11 continuing to focus on that very important
12 issue, and will continue to do so.
13 Additionally, the Department trained over
14 13,000 local law enforcement officer men and
15 women of the State of Florida over this -- over
16 these 12 months. That's something that we're
17 very, very proud of.
18 Additionally, we responded to
19 1,723 requests from local law enforcement for
20 investigative assistance in our 67 counties.
21 That, too, goes in kind with the direction that
22 we're taking in the Agency, that you are
23 supporting, in supporting and helping local
24 law enforcement.
25 And we're continuing to make value added
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
September 10, 1996
32
1 contributions to those things that the public
2 buy from us. Information when an individual
3 wants to buy a handgun. We're able -- we're
4 down now to a little less than two-and-a-half
5 minutes on response times to those seven,
6 eight thousand gun dealers in the state that
7 really daily come into contact with the public.
8 That's important to us, and we continue to
9 make additions and improvements in that area.
10 And we're continuing to --
11 (Treasurer Nelson entered the room.)
12 MR. MOORE: -- lure that line, if you will,
13 on our average turnaround time on the
14 100,000 pieces of forensic evidence that we'll
15 work through our lab system this time.
16 We're down a little below 30 days right
17 now. And our goal, if you recall, in my
18 contract was to get it below 30 days. And we
19 did that, and it's continuing to drop.
20 So my compliments to the men and women of
21 the organization on all those fronts, Governor.
22 And thank you for the opportunity to share
23 some of those with you.
24 GOVERNOR CHILES: Is -- was there a second
25 on that?
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
September 10, 1996
33
1 COMMISSIONER BROGAN: Second.
2 GOVERNOR CHILES: There's a second.
3 Without objection, it's approved.
4 MR. MOORE: Item number 3 is our
5 performance contract for fiscal year 96-97.
6 SECRETARY MORTHAM: Move approval.
7 COMMISSIONER BROGAN: Second.
8 GOVERNOR CHILES: Moved and --
9 MR. MOORE: Item 4 --
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 COMPTROLLER MILLIGAN: Governor, if I could
13 just make a quick comment. I happened to have a
14 chance to spend some time with FDLE on their
15 performance based budgeting effort.
16 And we'd do well to emulate what they're
17 doing. They have a great program in place.
18 And I congratulate you, Tim. It's well
19 done.
20 MR. MOORE: Thank you, General.
21 Thank you very much. We're getting a lot
22 of good help and support from all of your
23 offices, and we appreciate that, too.
24 Thank you very much.
25 Item 4 is a series of three amendments to
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
September 10, 1996
34
1 the Medical Examiner Commission rules for the
2 State of Florida. I'll just talk about them
3 briefly.
4 The First Amendment requires and
5 establishes a protocol so unidentified remains
6 that are subject for cremation cannot be
7 cremated by a medical examiner before an autopsy
8 has been completed.
9 The second amendment refers to --
10 establishes an auto -- autopsy protocol for
11 sudden infant death syndrome. It just puts in
12 place what the statute requires.
13 And the third amendment gives the medical
14 examiners the discretion and the authority to
15 destroy after ten years tissue samples that they
16 keep and bank over time related to cases.
17 These are noncontroversial rules that are
18 supported by Florida's Medical Examiner
19 Commission.
20 ATTORNEY GENERAL BUTTERWORTH: Motion.
21 COMMISSIONER BROGAN: Second.
22 GOVERNOR CHILES: Moved and seconded.
23 Without objection, it's approved.
24 MR. MOORE: Governor, if I could, on a
25 final item. In keeping with the legislative
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
September 10, 1996
35
1 direction that we all pushed to get, and you
2 helped particularly get, the Jimmy Ryce Act
3 passed, that gives the Department of Law
4 Enforcement some good, clear direction in terms
5 of aggressively promoting the identity of sexual
6 predators.
7 We've made a recent addition to our home
8 page on the Internet all under the heading of
9 making sure that we maximize the identification
10 of these sexual predators in the state of
11 Florida.
12 Under the law as of May of 1996, we had 317
13 sexual predators.
14 A lot of these perverts and criminals, they
15 bank on the fact that they have a cloak of
16 anonymity, and that's how they're able to target
17 out their victims and to commit their crimes.
18 You have there on the dais in front of you
19 a smaller version of what that home page looks
20 like.
21 And today, with the help of the media,
22 we're encouraging the public to pay attention to
23 this home address, to inquire to this home
24 page.
25 It's absolutely free of charge, and you can
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
September 10, 1996
36
1 get complete and total access to, not only who
2 the sexual predators are, but you can get a
3 picture and a likeness that will allow you to
4 identify any that may be in your neighborhood.
5 We're working very closely with
6 Commissioner Brogan and the local school
7 authorities to make sure that we maximize the
8 identity of these individuals, again, in the
9 interest of trying to prevent further
10 victimization of our kids and our law abiding
11 public.
12 Thank you.
13 SECRETARY MORTHAM: Governor --
14 GOVERNOR CHILES: I think that's a good
15 piece, and I certainly like the way you display
16 it. That's pretty -- jump rights up at you in
17 the home page.
18 Yes, ma'am.
19 SECRETARY MORTHAM: I just have one quick
20 question.
21 Tim, what does it mean, registered sexual
22 predator?
23 MR. MOORE: You have to have a written
24 finding, according to both the previous law
25 prior to the last session; and now, as a result
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
September 10, 1996
37
1 of the last session's activity, you have to have
2 a formal written finding by a Court for offenses
3 occurring after October 1 of 1996.
4 In the interest of maximizing exposure of
5 these criminals, we published the list as it
6 existed in May of 1996 under the existing law
7 then, to both local law enforcement and to the
8 public in printed format.
9 With the support and approval of the
10 Attorney General, we also took that same list of
11 317 predators, and put them out here on the
12 Internet.
13 It is a way that individuals can make a
14 public record request electronically, with no
15 cost, and immediate return on the information
16 that -- requesting.
17 But they do have to be registered, both
18 under the old law as it existed prior to
19 October 1, 1996; and under the new law, as it
20 will exist after October 1, 1996.
21 SECRETARY MORTHAM: Thank you.
22 MR. MOORE: I might add that we're working
23 very closely with the Attorney General and the
24 State Attorneys across the state to expedite
25 that written finding provision that the law --
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF LAW ENFORCEMENT
September 10, 1996
38
1 the new law requires.
2 GOVERNOR CHILES: Thank you, sir.
3 MR. MOORE: Thank you, Governor.
4 (The Department of Law Enforcement Agenda
5 was concluded.)
6 *
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ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
September 10, 1996
39
1 GOVERNOR CHILES: Department of Revenue.
2 MR. FUCHS: Item 1 is a request for
3 approval of the minutes of the July 23rd
4 meeting.
5 SECRETARY MORTHAM: Move approval.
6 COMMISSIONER BROGAN: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, it's approved.
9 (Treasurer Nelson exited the room.)
10 MR. FUCHS: Item 2 is a request for
11 permission to submit the Department's 1997-98
12 Legislative Budget Request to the
13 Executive Office of the Governor, and the
14 Legislature.
15 This request focuses on continuation issues
16 which are necessary to the Department's
17 mission. It does represent a 5.1 percent
18 increase in funding, and a net increase of
19 38 positions.
20 And that follows approximately three years
21 of either no increase -- or virtually no
22 increase, and, in fact, a decrease in -- in
23 requests for one of those years.
24 GOVERNOR CHILES: How much money are you
25 going to make for us by putting in these new
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
September 10, 1996
40
1 positions?
2 MR. FUCHS: Well, I don't know that I can
3 project the exact amount, due to the vagaries of
4 the economy, Governor. But over the last, oh,
5 four years, we've had an average of about 7 or
6 8 percent annual increase in revenues, while
7 inflation has run at about the 3 percent level.
8 GOVERNOR CHILES: Well, we ought to hold
9 you to about 6 percent then.
10 MR. FUCHS: Well, if you allow me to
11 average it over those 6 years, I'd be willing to
12 make that bargain, sir.
13 GOVERNOR CHILES: Is there --
14 SECRETARY MORTHAM: Quick --
15 GOVERNOR CHILES: -- a motion?
16 SECRETARY MORTHAM: -- question.
17 GOVERNOR CHILES: Yes, ma'am.
18 SECRETARY MORTHAM: Larry, how much in this
19 budget is contract auditing?
20 MR. FUCHS: About 2 million, Secretary.
21 SECRETARY MORTHAM: Two million.
22 Thank you.
23 COMPTROLLER MILLIGAN: Governor, if I could
24 ask a question --
25 GOVERNOR CHILES: Yes, sir.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
September 10, 1996
41
1 COMPTROLLER MILLIGAN: -- on the sun tax,
2 would you -- that's a good deal of your
3 increase, Larry. And I'd just like to know what
4 that's all about.
5 MR. FUCHS: We started -- well, let me back
6 up, General Milligan.
7 About 25 years ago, the Department built a
8 computer system that treats each of our 38 taxes
9 independently. There's no correlation of an
10 individual taxpayer's payments on corporate
11 income tax, intangible tax, sales tax, or
12 anything else. So it's impossible to reconcile
13 overpayments or -- or underpayments.
14 It's also impossible to determine whether
15 there's an effective matchup between what's
16 reported, for instance, on corporate income tax
17 and intangible tax, without doing special
18 operations that are very costly and time
19 consuming.
20 Most of the -- the major states in this
21 country have gone to an integrated tax system
22 where there's a common identifier for an
23 individual taxpayer across any taxes they pay.
24 We started development of that system about
25 four years ago, changing our business processes
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
September 10, 1996
42
1 first so that when we -- we automated, we would
2 not manumate, we would not simply automate bad
3 processes and become more efficient at doing the
4 wrong things.
5 We are now in the phase of actually
6 building the system. And we paid for our
7 network, and we paid for most of our terminal
8 installations through surplus funds at the end
9 of each year, unexpended funds, without asking
10 for appropriations.
11 We have also built the first two modules of
12 the system, motor fuels tax, and estate tax, out
13 of existing resources.
14 But now it's time to tackle the big ones,
15 corporate income tax being the first one. And
16 we need personnel for about the next four to
17 five years, at least, to build the system, put
18 it in place, and make it fully operational; and
19 then we can phase those -- those positions back
20 out.
21 We made the decision to do it via that
22 method so that our personnel would have
23 ownership, would have knowledge, would be the
24 ones who are actually building the system with
25 consultant expert help, rather than by a turnkey
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
September 10, 1996
43
1 operation from a vendor, and then be obligated
2 for that -- to that vendor in perpetuity.
3 COMPTROLLER MILLIGAN: So that 7 million is
4 both people and system assets that you're --
5 MR. FUCHS: Yes. And we project an
6 expenditure of about that level over the next
7 five -- for each of the next five years to be --
8 COMPTROLLER MILLIGAN: Okay. So we're just
9 seeing the tip of the iceberg on this particular
10 item.
11 MR. FUCHS: Yes, sir. It has been funded
12 in the last few years at the approximately
13 2 million dollar a year level, and with full
14 concurrence from the IRC, and with appropriate
15 legislative oversight.
16 COMPTROLLER MILLIGAN: Okay. Thank you.
17 GOVERNOR CHILES: Is there a motion?
18 ATTORNEY GENERAL BUTTERWORTH: Motion.
19 COMMISSIONER CRAWFORD: Second.
20 GOVERNOR CHILES: Moved and seconded.
21 Without objection -- without -- that's
22 approved.
23 MR. FUCHS: Item 3 is a request -- is a
24 request for permission to submit the
25 Department's agency capital improvements program
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
September 10, 1996
44
1 to the Executive Office of the Governor and the
2 Legislature.
3 And this program is designed to identify
4 the space needs of the Department over the next
5 five years based on projected increases in
6 workload due to the growth in the taxpayer base,
7 and the increases in child support enforcement
8 collections.
9 ATTORNEY GENERAL BUTTERWORTH: Motion.
10 GOVERNOR CHILES: Moved --
11 SECRETARY MORTHAM: Second.
12 COMPTROLLER MILLIGAN: Second.
13 GOVERNOR CHILES: -- and seconded.
14 Without objection, it's approved.
15 MR. FUCHS: And Item 4 is a request for
16 approval and acceptance of the performance
17 contract of the Executive Director of the
18 Department of Revenue for the next fiscal year.
19 SECRETARY MORTHAM: Move approval.
20 COMMISSIONER BROGAN: Second.
21 GOVERNOR CHILES: Moved and seconded.
22 Without objection, that's approved.
23 MR. FUCHS: Thank you.
24 GOVERNOR CHILES: Thank you, sir.
25
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
September 10, 1996
45
1 (The Department of Revenue Agenda was
2 concluded.)
3 *
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
September 10, 1996
46
1 GOVERNOR CHILES: State Board of
2 Education.
3 DR. BEDFORD: Governor Chiles, members of
4 the State Board of Education, good morning.
5 Item 1, minutes of the meeting held
6 June 13th; June 25th; and July 23rd, 1996.
7 COMMISSIONER BROGAN: So moved.
8 COMPTROLLER MILLIGAN: Second.
9 ATTORNEY GENERAL BUTTERWORTH: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 DR. BEDFORD: Item 2, quarterly report for
13 the period ending June 30th, 1996.
14 COMMISSIONER BROGAN: So moved.
15 SECRETARY MORTHAM: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, it's approved.
18 DR. BEDFORD: Item 3, the 1996 Report on
19 the Planning and Coordination of the Program
20 Review for Postsecondary Education.
21 COMMISSIONER BROGAN: Move approval.
22 ATTORNEY GENERAL BUTTERWORTH: Second.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, it's approved.
25 DR. BEDFORD: Item 4, contract amendments
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
September 10, 1996
47
1 for Florida's Guaranteed Student Loan Program.
2 COMMISSIONER BROGAN: Move approval.
3 SECRETARY MORTHAM: Second.
4 GOVERNOR CHILES: Moved and seconded.
5 Without objection, that's approved.
6 DR. BEDFORD: Item 5, Rule 6A-1.0955,
7 Amendment, we are requesting permission to
8 withdraw.
9 COMMISSIONER BROGAN: I'll move that,
10 Governor.
11 SECRETARY MORTHAM: Second.
12 GOVERNOR CHILES: Moved and seconded.
13 Without objection, it's approved.
14 DR. BEDFORD: Item 6, Rule 6A-4.0021,
15 Amendment, Florida Teacher Certification
16 Examination.
17 COMMISSIONER BROGAN: Move approval.
18 SECRETARY MORTHAM: Second.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, it's approved.
21 DR. BEDFORD: Item 7, Rule 6A-6.03024,
22 Amendment, Special Programs for Exceptional
23 Students Who Require Physical Therapy.
24 SECRETARY MORTHAM: Move --
25 COMMISSIONER BROGAN: Move approval.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
September 10, 1996
48
1 SECRETARY MORTHAM: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, it's approved.
4 DR. BEDFORD: Item 8, Rule 6A-10.024,
5 Amendment, Articulation Between Universities,
6 Community Colleges, and School Districts.
7 COMMISSIONER BROGAN: Move approval.
8 SECRETARY MORTHAM: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 DR. BEDFORD: Item 9, Rule 6A-20.026, we're
12 requesting permission to withdraw.
13 COMMISSIONER BROGAN: I'll move that,
14 Governor.
15 SECRETARY MORTHAM: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, it's withdrawn.
18 DR. BEDFORD: Item 10, Division of
19 Community College, Rule 6A-14.0716, New Rule,
20 Community College Budgets.
21 COMMISSIONER BROGAN: Move approval.
22 SECRETARY MORTHAM: Second.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, it's approved.
25 DR. BEDFORD: Item 11, Chapter 6A-14,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
September 10, 1996
49
1 Repeal.
2 COMMISSIONER BROGAN: Move approval.
3 ATTORNEY GENERAL BUTTERWORTH: Second.
4 GOVERNOR CHILES: Moved and seconded.
5 Without objection, it's approved.
6 DR. BEDFORD: Item 12, Rule 6H-1.046,
7 New Rule, Florida Community College Distance
8 Learning Consortium.
9 COMMISSIONER BROGAN: Move approval.
10 ATTORNEY GENERAL BUTTERWORTH: Second.
11 GOVERNOR CHILES: Moved and seconded.
12 Without objection, it's approved.
13 SECRETARY MORTHAM: Question on that one.
14 GOVERNOR CHILES: Yes, ma'am.
15 SECRETARY MORTHAM: Bob, what is -- what is
16 really the relationship between this consortium
17 and the Florida Distance Learning Network?
18 DR. BEDFORD: Denise, do you want to come
19 up and help me?
20 Denise is in the audience, I know.
21 (Treasurer Nelson entered the room.)
22 DR. BEDFORD: It -- Denise Potvin.
23 MS. POTVIN: I'll be happy to answer your
24 question. My name is Denise Potvin. I'm with
25 the Division of Community Colleges.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
September 10, 1996
50
1 The relationship between the Florida
2 Community College Distance Learning Consortium
3 and the Florida Distance Learning Network would
4 be an opportunity for us just to provide them
5 information, as the consortium provides
6 information to any other board.
7 It's created as an advisory committee under
8 the State Board of Community Colleges to deal
9 with issues that the Board would then move in
10 the form of a policy.
11 SECRETARY MORTHAM: Do they plan to
12 communicate or report its activities to the
13 Distance Learning Network?
14 MS. POTVIN: Yes.
15 SECRETARY MORTHAM: And then will they also
16 be coordinating the activities as far as the
17 courses themselves that will be offered?
18 MS. POTVIN: Through the network?
19 SECRETARY MORTHAM: Yes.
20 MS. POTVIN: In a reporting capacity only.
21 That ownership would rest with the State Board
22 of Community Colleges.
23 SECRETARY MORTHAM: Okay.
24 Thank you very much.
25 DR. BEDFORD: Item 13, appointment to
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
September 10, 1996
51
1 the Board of Regents.
2 COMMISSIONER BROGAN: Move approval.
3 SECRETARY MORTHAM: Second.
4 DR. BEDFORD: Item 14, appointment to the
5 Florida Keys Community College --
6 GOVERNOR CHILES: Wait --
7 DR. BEDFORD: -- District --
8 GOVERNOR CHILES: -- wait a minute.
9 Moved and seconded.
10 Without objection, that's approved.
11 Let's --
12 DR. BEDFORD: I'm sorry.
13 Sorry.
14 Item 14, appointment to the Florida Keys
15 Community College --
16 COMMISSIONER BROGAN: Move approval.
17 SECRETARY MORTHAM: Second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, it's approved.
20 I think we should note that in Item 13,
21 Jim Harding is our first disabled student to
22 serve on the Board of Regents. I was hoping he
23 would get here today so you could all meet him.
24 But I don't know that he is.
25 But I think he's going to be an outstanding
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
September 10, 1996
52
1 Regent.
2 ATTORNEY GENERAL BUTTERWORTH: Right.
3 COMMISSIONER BROGAN: And from what I
4 understand, Governor, that handicapping
5 condition has not slowed him down one iota. And
6 everyone tells me he's going to be a great
7 contributing member of the --
8 GOVERNOR CHILES: He is. I think he's
9 going to be an outstanding member on the
10 Regents, yes, sir.
11 DR. BEDFORD: Thank you.
12 GOVERNOR CHILES: Yes, sir.
13 (The State Board of Education Agenda was
14 concluded.)
15 *
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ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION
September 10, 1996
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1 GOVERNOR CHILES:
2 Administration Commission.
3 DR. BRADLEY: Recommend approval of the
4 minutes of the meetings held July 23rd, 1996.
5 SECRETARY MORTHAM: Move approval.
6 COMMISSIONER BROGAN: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, it's approved.
9 DR. BRADLEY: Item number 2, recommend the
10 approval of the transfer of general revenue
11 appropriations in the Department of Agriculture
12 and Consumer Services.
13 SECRETARY MORTHAM: Move approval.
14 COMMISSIONER BROGAN: Second.
15 GOVERNOR CHILES: Moved and seconded.
16 Without objection, it's approved.
17 DR. BRADLEY: Item 3 A., recommend the
18 approval of the transfer of general revenue
19 appropriations under Item A in the Department of
20 Education.
21 ATTORNEY GENERAL BUTTERWORTH: Motion.
22 SECRETARY MORTHAM: Move approval.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, it's approved.
25 DR. BRADLEY: Item 3 B., we're recommending
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1 deferral.
2 COMMISSIONER BROGAN: I'll move that.
3 SECRETARY MORTHAM: Second.
4 GOVERNOR CHILES: Moved and seconded.
5 Without objection, it's deferred.
6 DR. BRADLEY: Item 4, recommend the
7 authorization to establish four positions in
8 excess of the number by the Legislature in
9 accordance with Chapter 216.262(1)(a),
10 Florida Statutes, in the Executive Office of the
11 Governor.
12 SECRETARY MORTHAM: Move approval.
13 COMMISSIONER BROGAN: Second.
14 GOVERNOR CHILES: Moved and seconded.
15 Without objection, it's approved.
16 DR. BRADLEY: Item 5, recommend the
17 approval of the transfer of general revenue
18 appropriations in the Department of Health and
19 Rehabilitative Services.
20 COMMISSIONER CRAWFORD: Motion.
21 ATTORNEY GENERAL BUTTERWORTH: Second.
22 GOVERNOR CHILES: Move and seconded.
23 Without objection, it's approved.
24 DR. BRADLEY: Item number 6, recommend the
25 approval of transfer of general revenue
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1 appropriations in the Department of
2 Juvenile Justice.
3 ATTORNEY GENERAL BUTTERWORTH: Motion.
4 COMPTROLLER MILLIGAN: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, that's approved.
7 (The Administration Commission Agenda was
8 concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
September 10, 1996
56
1 GOVERNOR CHILES: Florida Land and Water
2 Adjudicatory Commission.
3 DR. BRADLEY: Item number 1, request
4 approval of the minutes of July 23rd, 1996 --
5 COMMISSIONER BROGAN: Move approval.
6 DR. BRADLEY: -- Commission meeting.
7 COMMISSIONER CRAWFORD: Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, it's approved.
10 DR. BRADLEY: Item number 2, request
11 withdrawal of this matter.
12 COMMISSIONER BROGAN: Move it.
13 ATTORNEY GENERAL BUTTERWORTH: Sorry,
14 Governor. I got --
15 TREASURER NELSON: I want to hear some
16 discussion on this, Governor.
17 GOVERNOR CHILES: All right, sir.
18 ATTORNEY GENERAL BUTTERWORTH: I don't know
19 why they're withdrawing it.
20 DR. BRADLEY: If you'd allow me, let me
21 introduce Teresa Tinker, the Policy Coordinator
22 in the Governor's Growth Management Unit in the
23 Office of Planning and Budgeting.
24 MS. TINKER: The staff's reco-- staff's
25 recommendation has been changed to recommending
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1 that this item be withdrawn from the agenda.
2 The reason for that is because the
3 Department of Community Affairs, the petitioner
4 in this proceeding, filed a Notice of Voluntary
5 Dismissal yesterday. We received that yesterday
6 morning.
7 So we are recommending that, consistent
8 with that Notice of Voluntary Dismissal, we
9 withdraw it, and then the Secretary of the
10 Commission would actually enter a final order
11 closing the file.
12 There would be no action taken on the
13 merits of the proceeding.
14 TREASURER NELSON: Go ahead.
15 ATTORNEY GENERAL BUTTERWORTH: I -- is
16 there anybody here from the -- from DCA? I
17 mean, I want to find out why -- I mean, has the
18 issue been resolved with Key West, or were they
19 just concerned about the one day late --
20 MS. TINKER: No, sir --
21 ATTORNEY GENERAL BUTTERWORTH: -- and --
22 MS. TINKER: -- the issue has not been
23 resolved.
24 Dave Jordan, the Deputy General Counsel for
25 the Department of Community Affairs is here, and
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September 10, 1996
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1 he can discuss further why the Department made
2 the decision to file the voluntary dismissal.
3 GOVERNOR CHILES: Let's hear from him.
4 MR. JORDAN: Good morning. Dave Jordan
5 with the Department.
6 The reason we decided to file a Notice of
7 Voluntary Dismissal is we felt that the -- from
8 discussions with the Cabinet Aides, we felt that
9 we did not have as strong a case as we had
10 hoped, based on our motion -- our response to
11 the motion to dismiss, we felt we would like to
12 pursue the issues in other forums that didn't
13 have this procedural defect.
14 ATTORNEY GENERAL BUTTERWORTH: Well --
15 go ahead.
16 TREASURER NELSON: Well, if I may just
17 pursue --
18 GOVERNOR CHILES: Yes, sir.
19 TREASURER NELSON: -- a couple of questions
20 here.
21 Now, is it -- is it a correct understanding
22 that if this issue is withdrawn today, that this
23 potentially illegal development order would be
24 allowed to stand; is that correct?
25 MR. JORDAN: The development order would be
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September 10, 1996
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1 allowed to stand, yes.
2 TREASURER NELSON: Well, before we vote
3 to -- on the issue of withdrawal, I'd like to
4 know if there are other cases -- if there's
5 precedent where late filing dates -- and as I
6 understand it, that's the issue here, that the
7 Department was one day late in filing an
8 objection.
9 Is there precedent that late filing dates
10 were excused in the past?
11 MR. JORDAN: There are none involving this
12 particular statute. However, in the last four
13 or five years, the appellate courts have
14 instructed agencies who issued final orders
15 dismissing petitions for being late to take
16 another look to see whether there was excusable
17 neglect.
18 That has been applied in other statutes,
19 but not -- it has not been raised before, to my
20 knowledge, involving 380.07.
21 TREASURER NELSON: If they've been applied
22 in the past to question whether or not there was
23 excusable neglect in a late filing by one day,
24 is there any reason that we should not have a
25 similar line of inquiry here today?
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1 MR. JORDAN: None that I know of. All I
2 can say is that we thought it might be better to
3 pursue it in other forums. But if you would --
4 certainly the Department has no objection to
5 pursuing it further, if that is the will of the
6 Commission.
7 TREASURER NELSON: Well, Governor, that's
8 going to be my request, that we defer this
9 matter so that we can determine if there was a
10 reason of excusable neglect.
11 ATTORNEY GENERAL BUTTERWORTH: If I
12 understand it correctly, Governor, I believe
13 there were -- we'd be sending it to DOAH, and
14 the hearing officer would determine whether or
15 not there was excusable neglect.
16 And, in fact, if the hearing officer
17 determines that there was not, and that DCA
18 really botched it, you're back on the street.
19 But if, in fact, there was excusable
20 neglect, and from time to time, dates are not
21 met by either side. I think we're making a
22 very, very bad precedent here, not only for the
23 State, but also for the private person who is
24 affected by what we're doing here.
25 And I just as soon have it go up to DOAH,
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1 and let the hearing officer determine it.
2 MS. TINKER: Could -- could I just add
3 something for you to consider here?
4 The property owners', the MacKays, attorney
5 chose not to come to the Cabinet meeting today
6 because he thought that the item would be
7 withdrawn based on the voluntary dismissal.
8 I'd like to suggest that you might want to
9 consider -- if you don't want to withdraw it
10 today, defer it to the next Cabinet meeting to
11 give the MacKays an opportunity to represent
12 their side of the issue to you as well before
13 you --
14 GOVERNOR CHILES: That sounds --
15 MS. TINKER: -- it to DOAH.
16 GOVERNOR CHILES: -- reasonable to me, and
17 something we should do.
18 Is there a motion to defer?
19 TREASURER NELSON: I move.
20 COMMISSIONER BROGAN: Second.
21 GOVERNOR CHILES: It's been moved and
22 seconded.
23 Without objection, it's deferred.
24 (The Florida Land and Water Adjudicatory
25 Commission Agenda was concluded.)
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MARINE FISHERIES COMMISSION
September 10, 1996
62
1 GOVERNOR CHILES: Marine Fisheries
2 Commission.
3 DR. NELSON: Good morning.
4 Item A on the agenda is our annual research
5 recommendations to the Department.
6 SECRETARY MORTHAM: Move -- move --
7 COMMISSIONER CRAWFORD: Second --
8 SECRETARY MORTHAM: -- acceptance.
9 COMMISSIONER CRAWFORD: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 DR. NELSON: Item B consists of a number of
13 obsolete, redundant, and unneeded rules that are
14 being deleted.
15 SECRETARY MORTHAM: Move approval.
16 COMMISSIONER CRAWFORD: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, it's approved.
19 DR. NELSON: Item C reinstates trap and
20 fishery vessels marking requirements that have
21 previously been part of the Department's rules.
22 COMMISSIONER BROGAN: So move.
23 COMPTROLLER MILLIGAN: Second.
24 GOVERNOR CHILES: Moved and seconded.
25 Without objection, it's approved.
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1 DR. NELSON: Item D repeals an antiquated
2 and obsolete Bay, Okaloosa, and
3 Washington County local law.
4 SECRETARY MORTHAM: Move approval.
5 COMMISSIONER BROGAN: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, that's approved.
8 DR. NELSON: Item D, the amendments to the
9 mullet management plan. We had a -- a filing in
10 this case, and we would, therefore, ask
11 permission to withdraw this until the outcome of
12 a DOAH hearing.
13 COMMISSIONER BROGAN: I'll move that,
14 Governor.
15 ATTORNEY GENERAL BUTTERWORTH: Second.
16 SECRETARY MORTHAM: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, it's approved.
19 DR. NELSON: There was -- Senator Crist was
20 here, and did ask me to ask if he could have a
21 moment though.
22 GOVERNOR CHILES: All right. Before we get
23 to that. Tell us a little something -- I'm
24 reading some good stories now about scalloping
25 going on in -- the increase of that at Cedar Key
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September 10, 1996
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1 and other places. Tell me what you can about
2 that.
3 DR. NELSON: We have had in the northern
4 part of what was the historic scallop range a
5 very good season this year. And I -- we haven't
6 received an assessment from the Department.
7 Once the season's over, we will get an updated
8 assessment probably in December or February,
9 which we'll take a look for next year.
10 But from --
11 GOVERNOR CHILES: And most of those are
12 seeded?
13 DR. NELSON: No, sir. Most of those are --
14 those are wild scallops. Now, we still have
15 very few, if any, wild scallops from
16 Charlotte Harbor up to the Crystal River area,
17 north of there where they still haven't
18 returned.
19 But once we get to the Suwannee, head
20 around north through Gulf County, we've had very
21 good natural settlement and --
22 GOVERNOR CHILES: So those are the small
23 bay scallops that --
24 DR. NELSON: Those are small bay scallops.
25 So there are upper -- there's ongoing work in
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1 Tampa Bay to try to re-seed scallops and restore
2 them in those areas where they no longer exist.
3 Those --
4 GOVERNOR CHILES: Are we doing some of that
5 in Apalachicola, in the bay there?
6 DR. NELSON: Not to my knowledge, sir.
7 GOVERNOR CHILES: All right. Thank you,
8 sir.
9 Senator Crist?
10 SENATOR CRIST: Thank you, Governor,
11 members of the Cabinet.
12 My name's Charlie Crist. I'm a State
13 Senator from Tampa Bay. It's good to be with
14 you in Tallahassee today in the off-season, as
15 it were.
16 The issue I wanted to talk about is what
17 Russ had just mentioned about the -- the rule
18 that they had put before the Cabinet dealing
19 with tarp nets as they're called. I -- Russ has
20 taken some pictures up for you to look at to see
21 what we're referring to.
22 There are some news reports that indicate
23 that some of these nets can be as large -- or
24 have a circumference of almost 9 acres of
25 water.
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1 Clearly, it seems to me, this is a
2 subversion of the net ban that was passed in
3 1994 where they were to be limited to only
4 500 square feet.
5 I think that the rule that was put before
6 you by the Marine Fisheries Commission would
7 take care of that, and put the intent of the net
8 ban back into line so that we could protect our
9 precious natural resources.
10 So I realize that Mr. -- Dr. Nelson,
11 rather, has gone ahead and requested that it be
12 withdrawn from the agenda today. If in the
13 event that you don't take his recommendation,
14 and you vote on it, obviously, I would encourage
15 your positive support.
16 And it seems also clear to me that the
17 people of Florida wanted to limit the size of
18 the nets, and -- no matter what they're made out
19 of, whether it's a tarp, or whether it's the net
20 material itself, or whatever it might be.
21 I'm going to introduce a bill today, later
22 this afternoon, that would do just that, say
23 that no matter what the material is, they cannot
24 be any larger than 500 square feet, and just
25 would encourage your positive support of
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1 protecting our natural resources.
2 Thank you very much for your time.
3 GOVERNOR CHILES: Thank you, sir.
4 SENATOR CRIST: Thank you, Governor.
5 GOVERNOR CHILES: Thank you, sir.
6 (The Marine Fisheries Commission Agenda was
7 concluded.)
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September 10, 1996
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1 GOVERNOR CHILES: Trustees of the Internal
2 Improvement Fund.
3 MR. GREEN: Governor, Secretary Wetherell
4 is in Alabama today representing Florida on the
5 Apalachicola, Chattahoochee, Flint River System
6 Executive Coordinating Council.
7 They're in the final negotiations of the
8 tri-state compact for management of the ACF
9 system, which affects the way we get water to
10 the Apalachicola Bay and the health of the bay,
11 so it was very important that she was there.
12 She apologizes for not being here today.
13 First item is the minutes of the June 13th,
14 June 25th, and July 9th Cabinet meeting.
15 ATTORNEY GENERAL BUTTERWORTH: Motion.
16 SECRETARY MORTHAM: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, it's approved.
19 MR. GREEN: Item 2, ten-year sovereignty
20 submerged land live rock aquaculture lease.
21 SECRETARY MORTHAM: Move approval.
22 COMMISSIONER BROGAN: Second.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, it's approved.
25 MR. GREEN: Item 3, ten-year sovereignty
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1 submerged land live aquaculture lease.
2 SECRETARY MORTHAM: Move approval.
3 MR. GREEN: Item 4 is ten-year --
4 GOVERNOR CHILES: Wait. Is there -- is
5 there a second?
6 MR. GREEN: I'm sorry.
7 COMPTROLLER MILLIGAN: Yes.
8 COMMISSIONER BROGAN: Second, Governor.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 MR. GREEN: Item 4 is a ten-year
12 sovereignty submerged land aquaculture lease.
13 SECRETARY MORTHAM: Move approval.
14 COMMISSIONER BROGAN: Second.
15 GOVERNOR CHILES: Moved and seconded.
16 Without objection, it's approved.
17 MR. GREEN: Item 5 is a purchase agreement
18 and release of funds.
19 SECRETARY MORTHAM: Move approval.
20 COMMISSIONER CRAWFORD: Second.
21 GOVERNOR CHILES: Moved and seconded.
22 Without objection, it's approved.
23 MR. GREEN: Item 6, approval of a sublease
24 agreement between the Board of Regents and the
25 Florida Conference Center Associates.
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1 SECRETARY MORTHAM: Move approval.
2 COMMISSIONER CRAWFORD: Second.
3 GOVERNOR CHILES: Moved and seconded.
4 Without objection, it's approved.
5 MR. GREEN: Item 7 is an exchange
6 agreement.
7 COMMISSIONER CRAWFORD: Motion.
8 SECRETARY MORTHAM: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 MR. GREEN: Item 8, withdraw.
12 SECRETARY MORTHAM: Move withdrawal.
13 COMMISSIONER BROGAN: Second.
14 GOVERNOR CHILES: Moved and seconded.
15 Item 8 is withdrawn without objection.
16 MR. GREEN: Item 9, option agreement to
17 acquire 5 acres.
18 SECRETARY MORTHAM: Move approval.
19 COMMISSIONER BROGAN: Second.
20 GOVERNOR CHILES: Moved and seconded.
21 Without objection, it's approved.
22 MR. GREEN: Item 10, a purchase agreement.
23 SECRETARY MORTHAM: Move approval.
24 COMMISSIONER BROGAN: Second.
25 GOVERNOR CHILES: Moved and seconded.
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1 Without objection, it's approved.
2 MR. GREEN: Item 11, a purchase agreement.
3 SECRETARY MORTHAM: Move approval.
4 COMMISSIONER BROGAN: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 MR. GREEN: Item 12, a purchase agreement.
8 COMMISSIONER BROGAN: Move it.
9 SECRETARY MORTHAM: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 MR. GREEN: Item 13 is a purchase
13 agreement.
14 COMMISSIONER BROGAN: Move approval.
15 SECRETARY MORTHAM: Move approval.
16 COMMISSIONER BROGAN: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, it's approved.
19 MR. GREEN: Item 14 is three separate
20 purchase agreements and requests for waiver of
21 survey.
22 COMMISSIONER BROGAN: Move it.
23 SECRETARY MORTHAM: Second.
24 GOVERNOR CHILES: Moved and seconded.
25 Without objection, it's approved.
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1 MR. GREEN: Item 15, an option agreement
2 and request a survey waiver.
3 COMMISSIONER BROGAN: Move approval.
4 SECRETARY MORTHAM: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 MR. GREEN: Item 16, option agreement.
8 SECRETARY MORTHAM: Move approval.
9 COMMISSIONER BROGAN: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 MR. GREEN: Item 17, a purchase agreement.
13 SECRETARY MORTHAM: Move it.
14 COMMISSIONER BROGAN: Move it.
15 SECRETARY MORTHAM: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, it's approved.
18 MR. GREEN: Item 18, a purchase agreement.
19 SECRETARY MORTHAM: Move approval.
20 COMMISSIONER BROGAN: Second.
21 GOVERNOR CHILES: Moved and seconded.
22 Without objection, it's approved.
23 MR. GREEN: Item 19, a quitclaim deed and
24 release of mineral and petroleum interests.
25 SECRETARY MORTHAM: Move approval.
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1 COMMISSIONER BROGAN: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, it's approved.
4 MR. GREEN: Item 20, an option agreement.
5 SECRETARY MORTHAM: Move approval.
6 ATTORNEY GENERAL BUTTERWORTH: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, it's approved.
9 MR. GREEN: Substitute Item 21 is approval
10 of 37 purchase agreements, delegation of
11 authority to the Department to purchase
12 assignments from the Nature Conservancy, and
13 waiver of survey.
14 SECRETARY MORTHAM: Move approval.
15 COMMISSIONER BROGAN: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, it's approved.
18 MR. GREEN: Substitute Item number 22,
19 deferral.
20 SECRETARY MORTHAM: Move deferral.
21 COMMISSIONER BROGAN: Second.
22 GOVERNOR CHILES: Moved and seconded.
23 Without objection, it's deferred.
24 MR. GREEN: Substitute Item 23, issuance of
25 two quitclaim deeds for 50.13 acres, and release
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1 of mineral interests.
2 And we have two speakers, Governor.
3 GOVERNOR CHILES: All right.
4 MR. GREEN: Dexter Lehtinen.
5 MR. LEHTINEN: Thank you.
6 Governor and Trustees, I will be brief and
7 not address those parts of the settlement that
8 do not directly concern the Board of Trustees.
9 It's been in litigation for more than five years
10 regarding the taking of Indian land and the
11 construction of I-75.
12 We appreciate FDOT's willingness to settle
13 the case. It involved some money changing
14 microwave relay towers and others.
15 The concern to the Trustees is the land
16 exchange. The land that the United States
17 Government is giving up, 200 acres of soil,
18 of course, was developed and became part of
19 Interstate 75. You'll just get a good deed for
20 that.
21 What the Tribe will receive -- and this
22 really addresses the Substitute Item 23, the
23 question of development.
24 And Chairman Cypress is here with the
25 Miccosukee Tribe as well; and so are the Florida
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1 Department of Transportation legal counsel,
2 Thornton Williams.
3 What the Tribe will receive is 50 acres,
4 but only 15 of it would have any -- is the land
5 between Old Tamiami Trail and New Tamiami
6 Trail. Twenty-some acres is already a paved
7 road; 3 acres is at the intersection of Krome
8 and Tamiami where there's a gas station,
9 submerged gas tanks, and everything.
10 The only question would be those parcels
11 between Old and New Tamiami. And I hasten to
12 point out in opposition to Substitute Item 23,
13 which would restrict development, is that the
14 State and the Federal governments already did
15 what damage can be done to that land, has
16 already been done.
17 Old Tamiami is on the south, New Tamiami
18 went in on the north, you can throw a baseball
19 between Old and New.
20 If -- within walking and visual distance is
21 a restaurant to the east; a restaurant and a
22 motel off of the land, but within visual to the
23 west; microwave relay tower; eventually a church
24 owned by a downtown Miami congregation. This is
25 not a functioning wetland.
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