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          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
                            ADMINISTRATION COMMISSION
          7              DEPARTMENT OF VETERANS' AFFAIRS
                              DEPARTMENT OF REVENUE
          8                  STATE BOARD OF EDUCATION
                             TRUSTEES OF THE INTERNAL
          9                   IMPROVEMENT TRUST FUND
 
         10
                       The above agencies came to be heard before
         11   THE FLORIDA CABINET, Honorable Governor Chiles
              presiding, in the Cabinet Meeting Room, LL-03,
         12   The Capitol, Tallahassee, Florida, on Tuesday,
              October 22, 1996, commencing at approximately
         13   9:52 a.m.
 
         14
 
         15
 
         16                       Reported by:
 
         17                    LAURIE L. GILBERT
                        Registered Professional Reporter
         18                 Certified Court Reporter
                            Notary Public in and for
         19              the State of Florida at Large
 
         20
 
         21
 
         22
 
         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
                                      *
         13
 
         14
 
         15
 
         16
 
         17
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25

                        ACCURATE STENOTYPE REPORTERS, INC.
 

 
                                 October 22, 1996
                                                              3
 
          1                        I N D E X
 
          2   ITEM                  ACTION                PAGE
 
          3   STATE BOARD OF ADMINISTRATION:
              (Presented by Barbara L. Jarriel, CFA,
          4       Acting Executive Director)
 
          5    1                  Approved                  5
               2                  Approved                  5
          6    3                  Approved                  8
               4                  Approved                 11
          7    5                  Approved                 13
                                  Presentation             14
          8
              DIVISION OF BOND FINANCE:
          9   (Presented by J. Ben Watkins, III,
                  Director)
         10
               1                  Approved                 24
         11    2                  Approved                 24
               3                  Approved                 25
         12    4                  Approved                 25
               5                  Approved                 26
         13    6                  Approved                 26
 
         14   ADMINISTRATION COMMISSION:
              (Presented by Robert B. Bradley, Ph.D.,
         15       Secretary)
 
         16    1                  Approved                 27
               2                  Approved                 28
         17
              DEPARTMENT OF VETERANS' AFFAIRS:
         18   (Presented by Carlos L. Rainwater,
                  Executive Director)
         19
               1                  Approved                 94
         20
              DEPARTMENT OF REVENUE:
         21   (Presented by L.H. Fuchs,
                  Executive Director)
         22
               1                  Approved                 96
         23    2                  Approved                 98
               3                  Approved                102
         24
 
         25

                        ACCURATE STENOTYPE REPORTERS, INC.
 
                                                              4
 
          1                         I N D E X
                                   (Continued)
          2
              ITEM                  ACTION                PAGE
          3
              STATE BOARD OF EDUCATION:
          4   (Presented by Robert L. Bedford, Ph.D.,
                  Deputy Commissioner)
          5
               1                  Approved                103
          6    2                  Approved                103
               3                  Approved                104
          7    4                  Presentation            107
               5                  Approved                108
          8    6                  Approved                108
               7                  Withdrawn               108
          9    8                  Withdrawn               109
               9                  Approved                109
         10   10                  Approved                109
              11                  Approved                109
         11   12                  Approved                110
              13                  Approved                110
         12   14                  Approved                110
              15                  Approved                110
         13   16                  Approved                111
              17                  Approved                111
         14   18                  Approved                111
 
         15   BOARD OF TRUSTEES,
              INTERNAL IMPROVEMENT
         16   TRUST FUND:
              (Presented by Virginia B. Wetherell,
         17       Secretary)
 
         18    1                  Approved                113
              Substitute 2        Deferred                118
         19    3                  Approved                119
               4                  Approved                120
         20    5                  Approved                120
               6                  Approved                120
         21   Substitute 7        Approved                120
               8                  Approved                121
         22   Substitute 9        Approved                121
              10                  Approved                121
         23   11                  Approved                 51
 
         24            CERTIFICATE OF REPORTER            123
 
         25                           *

                        ACCURATE STENOTYPE REPORTERS, INC.
 

                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              5
 
          1                  P R O C E E D I N G S
 
          2            (The agenda items commenced at 10:55 a.m.)
 
          3            GOVERNOR CHILES:  State Board of
 
          4       Administration.
 
          5            MS. JARRIEL:  Good morning.
 
          6            The first item we have is approval of the
 
          7       minutes of the meeting held on October 8th.
 
          8            GOVERNOR CHILES:  Is there a motion?
 
          9            TREASURER NELSON:  Move it.
 
         10            GOVERNOR CHILES:  Moved and --
 
         11            COMPTROLLER MILLIGAN:  Second.
 
         12            GOVERNOR CHILES:  -- seconded.
 
         13            Without objection, it's approved.
 
         14            MS. JARRIEL:  Number 2, a recommendation to
 
         15       approve fiscal sufficiency not to exceed
 
         16       thirteen million three hundred and eighty-five
 
         17       thousand Board of Regents, Florida State
 
         18       University Housing Facility Revenue Bonds.
 
         19            COMPTROLLER MILLIGAN:  Motion.
 
         20            TREASURER NELSON:  Second.
 
         21            GOVERNOR CHILES:  Motion and seconded.
 
         22            Without objection, it's approved.
 
         23            MS. JARRIEL:  The third item is appointment
 
         24       of the Executive Director of the SBA.
 
         25            It is our understanding that the Board

                        ACCURATE STENOTYPE REPORTERS, INC.
 

                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              6
 
          1       members would like to use a balloting process in
 
          2       selecting the Executive Director from the
 
          3       finalist group.
 
          4            We'd also request that upon completion of
 
          5       the balloting and selection of the individual,
 
          6       that a motion be made to cover attendant
 
          7       personnel actions, which would include approval
 
          8       of the salary rate, commensurate budget
 
          9       amendment, and establishment of effective date.
 
         10            GOVERNOR CHILES:  General, would you pass
 
         11       out the ballots, and --
 
         12            ATTORNEY GENERAL BUTTERWORTH:  I think you
 
         13       already have one, Governor.
 
         14            GOVERNOR CHILES:  -- tally those --
 
         15            Oh, we do?  We have them?
 
         16            COMPTROLLER MILLIGAN:  We do.
 
         17            ATTORNEY GENERAL BUTTERWORTH:  Do you have
 
         18       your ballot --
 
         19            GOVERNOR CHILES:  Do you have a ballot --
 
         20            COMPTROLLER MILLIGAN:  I do.
 
         21            GOVERNOR CHILES:  All right.
 
         22            TREASURER NELSON:  Governor, while we're
 
         23       voting --
 
         24            GOVERNOR CHILES:  I'm going to ask the
 
         25       General to tally these for us, if he will.  And

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              7
 
          1       then --
 
          2            TREASURER NELSON:  I want to take this
 
          3       opportunity to commend the staff and the
 
          4       Acting Director, Barbara Jarriel, for the
 
          5       exceptional job that they have done in keeping
 
          6       the SBA operating at such a high level of
 
          7       efficiency during this transition time after the
 
          8       departure of Ash, and this time, at which we're
 
          9       going to appoint a new Executive Director.
 
         10            So my hat's off to you, Barbara.
 
         11            MS. JARRIEL:  Thank you very much,
 
         12       Commissioner.
 
         13            And we also would like to thank the staffs
 
         14       of each of your organizations for assisting us
 
         15       through this transition.
 
         16            And from an investment perspective,
 
         17       certainly the market movements did not hurt us
 
         18       at all during this five or six months.
 
         19            So thank you all, and your staff, for the
 
         20       excellent assistance during the transition
 
         21       period.
 
         22            GOVERNOR CHILES:  General.
 
         23            ATTORNEY GENERAL BUTTERWORTH:  Tom Herndon
 
         24       has the most votes, and majority votes.
 
         25            GOVERNOR CHILES:  All right.

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              8
 
          1            COMPTROLLER MILLIGAN:  I would make a
 
          2       motion, Governor, that it be a majority vote in
 
          3       favor of Tom Herndon.
 
          4            ATTORNEY GENERAL BUTTERWORTH:  Unanimous.
 
          5            GOVERNOR CHILES:  It's been moved and
 
          6       seconded --
 
          7            TREASURER NELSON:  (Nodding head.)
 
          8            GOVERNOR CHILES:  Without objection, then
 
          9       it is -- motion for unanimous --
 
         10            COMPTROLLER MILLIGAN:  I'll make a motion
 
         11       to set the Executive Director's salary, if I
 
         12       may, Governor.
 
         13            GOVERNOR CHILES:  Yes, sir.
 
         14            COMPTROLLER MILLIGAN:  At 150,000, with the
 
         15       understanding that in six months, the
 
         16       Executive Director will submit to the Board a
 
         17       recommendation on instituting performance based
 
         18       bonus packages for both the Executive Director
 
         19       position and selected staff.
 
         20            TREASURER NELSON:  I second it.
 
         21            GOVERNOR CHILES:  It's been moved and
 
         22       seconded.
 
         23            Discussion?
 
         24            Without objection, the motion is adopted.
 
         25            MS. JARRIEL:  May we also clarify,

                        ACCURATE STENOTYPE REPORTERS, INC.
 

                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              9
 
          1       Governor --
 
          2            GOVERNOR CHILES:  Yes, ma'am.
 
          3            MS. JARRIEL:  -- that with the
 
          4       establishment of the salary rate, the Board has
 
          5       also made a motion to approve the commensurate
 
          6       budget amendment required to establish that
 
          7       salary rate.
 
          8            COMPTROLLER MILLIGAN:  If a motion is
 
          9       required to do that, consider it so done.
 
         10            TREASURER NELSON:  And a second.
 
         11            GOVERNOR CHILES:  It's been moved and
 
         12       seconded.
 
         13            Without objection, that's approved.
 
         14            COMPTROLLER MILLIGAN:  You asked for an
 
         15       availability date, Barbara?  Or a date --
 
         16            MS. JARRIEL:  If you'd like to establish
 
         17       that, that would be fine.  I know there was some
 
         18       discussion with the offices yesterday that the
 
         19       SBA staff could coordinate that with the new
 
         20       director if that's acceptable.
 
         21            COMPTROLLER MILLIGAN:  I think that would
 
         22       make more sense.
 
         23            GOVERNOR CHILES:  Yeah.  I think so.
 
         24       Because we don't -- at this time, don't know.
 
         25       I think that would be better.

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              10
 
          1            TREASURER NELSON:  Do we need a motion on
 
          2       that?
 
          3            GOVERNOR CHILES:  I don't think you need a
 
          4       motion if you -- just to --
 
          5            MS. JARRIEL:  On the -- on the issue of the
 
          6       competitive pay and bonus package, this is an
 
          7       area that the Board has been interested in for
 
          8       some time.  And as you know, the investment
 
          9       management industry is quite competitive.
 
         10            So the staff will welcome the opportunity
 
         11       to work with the new Executive Director on
 
         12       submitting that plan.
 
         13            COMPTROLLER MILLIGAN:  Thank you.
 
         14            I would just comment that we are one of the
 
         15       few states that doesn't operate on that basis,
 
         16       and certainly of the major states that deal with
 
         17       a retirement program, such as this.
 
         18            GOVERNOR CHILES:  I think it's a good
 
         19       suggestion.
 
         20            MS. JARRIEL:  Item number 4, we've
 
         21       submitted for your information and review the
 
         22       investment performance and fund balance analysis
 
         23       for the month of September.
 
         24            COMPTROLLER MILLIGAN:  A motion, and a
 
         25       comment that you had a good month under some

                        ACCURATE STENOTYPE REPORTERS, INC.
 

                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              11
 
          1       adverse times, I think, in the market.  Well
 
          2       done.
 
          3            GOVERNOR CHILES:  Is there a second?
 
          4            TREASURER NELSON:  I second.
 
          5            GOVERNOR CHILES:  Second.
 
          6            Without objection, it's approved.
 
          7            MS. JARRIEL:  And the last item relates to
 
          8       the Inland Protection Financing Corporation.
 
          9            The Inland Protection Financing Corporation
 
         10       requests that the Trustees in their capacities
 
         11       as directors hold a Board of Directors meeting
 
         12       of the Inland Protection Financing Corporation.
 
         13            If you recall, we had our organizational
 
         14       meeting of this corporation on September 10th,
 
         15       and this subsequent meeting is requested to
 
         16       verify the selection of two legal firms to
 
         17       assist us in proceeding forward with validation.
 
         18            We expect to have some of the legal
 
         19       documents, including the bond resolution, for
 
         20       the second Cabinet meeting in November.
 
         21            At this time, I would like to introduce
 
         22       Virginia Wetherell, the Secretary of the
 
         23       Department of Environmental Protection; and
 
         24       Keith Carswell, Chairman of the Black Business
 
         25       Investment Board, to participate in the Board

                        ACCURATE STENOTYPE REPORTERS, INC.
 

                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              12
 
          1       meeting.
 
          2            The two items we have today is disclosure
 
          3       of bond counsel and the selection of financial
 
          4       advisor.  We described at our last meeting the
 
          5       RFP process which was used and concluded on
 
          6       September 5th to select bond counsel so that we
 
          7       could move forward with the drafting of the
 
          8       documents.
 
          9            We would simply like to disclose for the
 
         10       minutes at this time that Squires, Sanders, and
 
         11       Dempsey was selected for that purpose.
 
         12            With regard to financial advisor, we also
 
         13       disclose that the Division of Bond Finance had
 
         14       recently -- in July completed an RFP process
 
         15       through which they selected four firms to serve
 
         16       as financial advisor for the Division of
 
         17       Bond Finance.
 
         18            Since that action had been taken so
 
         19       recently, we felt it was inefficient to
 
         20       duplicate that process, and rather we relied on
 
         21       that list of four to choose from.
 
         22            We determined that we would like to select
 
         23       the firm that ranked first in the Division's
 
         24       process.  That firm is Rauscher, Pierce,
 
         25       Refsnes, Incorporated.

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              13
 
          1            And at this time, if there are no
 
          2       questions, we would like to direct the Secretary
 
          3       to set these actions into the minutes of the
 
          4       corporation.
 
          5            GOVERNOR CHILES:  Is there a motion?
 
          6            TREASURER NELSON:  Motion.
 
          7            COMPTROLLER MILLIGAN:  And second it.
 
          8            GOVERNOR CHILES:  Moved and seconded.
 
          9            Without objection, it's approved.
 
         10            MS. JARRIEL:  The Trustees had requested
 
         11       that a presentation be made by the Department of
 
         12       Environmental Protection concerning the
 
         13       Underground Petroleum Tank Cleanup Program.
 
         14            We have with us today Mike Soule, who is a
 
         15       Bureau Chief with the tanks program.  He plans
 
         16       to give us a broad overview of the program, but
 
         17       specifically to address the issue of the
 
         18       corporation's role, and the policies and
 
         19       procedures in place to delineate the
 
         20       December 31st --
 
         21            (Commissioner Crawford exited the room.)
 
         22            MS. JARRIEL:  -- claims that will be
 
         23       submitted to the corporation for payments.
 
         24            And, Governor, after Mr. Soule completes
 
         25       his presentation, that concludes our business,

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              14
 
          1       so you could ask for a motion to adjourn the
 
          2       meeting after that --
 
          3            GOVERNOR CHILES:  All right.
 
          4            MS. JARRIEL:  -- presentation --
 
          5            GOVERNOR CHILES:  Thank you, ma'am.
 
          6            MS. JARRIEL:  -- is complete.
 
          7            Thank you.
 
          8            MR. SOULE:  Good morning.
 
          9            I'd like to thank you for giving me the
 
         10       opportunity to go over briefly the petroleum
 
         11       cleanup reimbursement program.
 
         12            Obviously to explain why I'm here, I think
 
         13       a brief history of the program's pertinent.
 
         14            In 1986, the Inland Protection Trust Fund
 
         15       was created to pay for cleanup of petroleum
 
         16       contaminated sites.  That trust fund
 
         17       principally -- or that program principally paid
 
         18       on a reimbursement basis.
 
         19            The aspects and legislative direction was
 
         20       primarily that owners who conduct cleanup at
 
         21       eligible sites are entitled to reimbursement, or
 
         22       State reimbursement of actual and allowable
 
         23       costs -- incurred costs.
 
         24            The program had a shaky start at the
 
         25       beginning.

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              15
 
          1            (Commissioner Crawford entered the room.)
 
          2            MR. SOULE:  There was not a lot of
 
          3       activity.  And in order to up the activity, and
 
          4       get as many sites cleaned up as possible, the
 
          5       Legislature, and subsequently, the Department,
 
          6       established several incentives to try to get as
 
          7       many sites cleaned up as possible.
 
          8            Well, by 1994, it was apparent that those
 
          9       incentives worked.  In fact, they worked too
 
         10       well.  There was over a hundred and
 
         11       seventy-four million dollars of unpaid
 
         12       obligation that were submitted to the State at
 
         13       that time.
 
         14            In response to this backlog that we like to
 
         15       call it, the Legislature in 1995, and affirmed
 
         16       it in 1996, essentially sunset the reimbursement
 
         17       program.
 
         18            That was the brief history.  Where are we
 
         19       today?
 
         20            A briefing package was disseminated to
 
         21       you.  If you turn the page into figure 1 -- if
 
         22       you weren't given it, I'll brief without it --
 
         23       it identifies that there's a 350 million dollar
 
         24       backlog as of September 1996.
 
         25

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              16
 
          1            (Attorney General Butterworth exited the
 
          2       room.)
 
          3            MR. SOULE:  Primarily the reason for the
 
          4       backlog is the availability of funds in the
 
          5       Internal Improvement -- or excuse me -- into the
 
          6       Inland Protection Trust Fund.
 
          7            Payment has been made towards applications
 
          8       received as of March of 1995.  So essentially
 
          9       you're looking at an 18-month delay in payment.
 
         10            In addition, there's been a backlog in the
 
         11       review of applications.  Right now, the
 
         12       Department is currently reviewing applications
 
         13       received on or after December of 1995.  That
 
         14       shows about a 10-month delay in the application
 
         15       review process.
 
         16            How are these reviews conducted?  That was
 
         17       a critical concern to members of the IPFC,
 
         18       Inland Protection Finance Corporation.  I'd like
 
         19       to convey that there are four specific measures
 
         20       that are implemented by the Department to ensure
 
         21       fiscal accountability associated with these
 
         22       reimbursement claims.
 
         23            Primarily, the claims are examined by a
 
         24       certified public accountant.  Secondly, the
 
         25       application goes through a detailed review

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              17
 
          1       process.  Third, a quality assurance check is
 
          2       conducted by the Department.  And, finally,
 
          3       there's a fiscal accountability making sure the
 
          4       numbers jibe.
 
          5            The CPA attests to the fact that activities
 
          6       conducted are actual and incurred and associated
 
          7       with cleanup.  That information, along with the
 
          8       application, is forwarded to our two
 
          9       reimbursement contractors.  The State has
 
         10       contracted with two private firms to review the
 
         11       contracts and conduct a detailed review.
 
         12            These firms are -- have a background, or a
 
         13       staff with numerous expertise in association
 
         14       with geologists, accountants, engineers,
 
         15       business administrators.  And they also have
 
         16       experience in the environmental cleanup
 
         17       industry.
 
         18            In addition, these contractors can -- are
 
         19       given training by the Department, and are
 
         20       consistently provided oversight by the
 
         21       Department based upon current policy or changes.
 
         22            The reviews themselves are broken down into
 
         23       two specific program elements.  There's a
 
         24       sufficiency, slash, completeness review, and
 
         25       then there's a reasonableness, slash,

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              18
 
          1       allowability review.  So it's broken up into two
 
          2       phases.
 
          3            The sufficiency review primarily looks at
 
          4       whether the site is an eligible site, whether or
 
          5       not the works are conducted in association with
 
          6       current rules of the Department for cleanup, and
 
          7       that the tasks themselves have not been
 
          8       previously claimed on other applications.
 
          9            There's administrative requirements;
 
         10       for example, the CPA attestation; also, the
 
         11       certification affidavit by the owner.
 
         12            And finally, supporting document --
 
         13       documentation of incurred costs, with a
 
         14       description and breakdown of activities into
 
         15       actual units and rates.  So this information is
 
         16       provided and reviewed by the contractors.
 
         17            Well, that's half of the review.
 
         18            The other half of the review looks at the
 
         19       allowability and reasonableness of the claim.
 
         20            This review entails a look at the
 
         21       activities and expenses, ensuring they're
 
         22       supported by invoices and technical documents,
 
         23       and they're not duplicated.
 
         24            Secondly, they look to make sure the
 
         25       activity conducted is integral to the cleanup

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              19
 
          1       process, and in accordance with Department rules
 
          2       for cleanup.
 
          3            Reasonable -- they also ensure that costs
 
          4       are reasonable.  And reasonable is a subjective
 
          5       term, and the Department uses a comparison with
 
          6       a cost charge and environmental consulting
 
          7       firms, and environmental cleanup firms
 
          8       throughout the state.
 
          9            The Department's --
 
         10            (Attorney General Butterworth entered the
 
         11       room.)
 
         12            MR. SOULE:  -- rates have been established
 
         13       based upon experience at the beginning of the
 
         14       program.
 
         15            And I want to point out, have also been
 
         16       validated by two separate surveys.  One survey
 
         17       conducted by FSU, and another survey conducted
 
         18       by Florida Department of Labor and Employment
 
         19       Services.
 
         20            Finally, the contractor makes sure that
 
         21       calculations are accurate, and they forward it
 
         22       back to the Department.
 
         23            Well, at that point, the Department takes a
 
         24       look at the application and conducts a quality
 
         25       assurance check.

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              20
 
          1            By in far, I don't want to say it's a
 
          2       rereview of the application.  It's merely a QA
 
          3       look to make sure, and look at target problem
 
          4       areas that we've seen in past applications, and
 
          5       verify those accounts.
 
          6            Finally, a separate verification process is
 
          7       accomplished to make sure mathematical
 
          8       computations are accurate.  And then it's
 
          9       forwarded for payment.
 
         10            This detailed process that's been
 
         11       accomplished has resulted in -- this detailed
 
         12       process has resulted in -- of the
 
         13       757 million dollars that have been processed,
 
         14       over 138 million have been disallowed.  That
 
         15       equates to about an 82 percent approval rate.
 
         16            At this point, if there's any other
 
         17       questions, I think we can address those at the
 
         18       next IPFC meeting.
 
         19            If I have any questions now.
 
         20            GOVERNOR CHILES:  Any questions?
 
         21            MR. SOULE:  Yes, sir.
 
         22            COMPTROLLER MILLIGAN:  Governor, if I can
 
         23       make just a quick comment, or --
 
         24            GOVERNOR CHILES:  Yes, sir.
 
         25            COMPTROLLER MILLIGAN:  -- perhaps a

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              21
 
          1       question, too.
 
          2            I understand that the review process,
 
          3       and -- is -- that it's fairly thorough, as you
 
          4       have pointed out, Mr. Soule.
 
          5            My question is:  There was an Auditor --
 
          6       Auditor General findings in reference to that
 
          7       review process.  And there were a number of
 
          8       findings in -- from your own IG there in the
 
          9       DEP.
 
         10            Have those findings been incorporated into
 
         11       the review process?
 
         12            MR. SOULE:  Some of the findings have.
 
         13       Some of the findings, if you read that
 
         14       Auditor General's report, really relate to a
 
         15       programatic problem.  And I think the --
 
         16            COMPTROLLER MILLIGAN:  Okay.  I --
 
         17            MR. SOULE:  -- legislation addressed that.
 
         18            COMPTROLLER MILLIGAN:  I appreciate that
 
         19       and have read it.
 
         20            Are the findings included -- appropriate
 
         21       findings included in the review process?
 
         22            MR. SOULE:  Some of the --
 
         23            COMPTROLLER MILLIGAN:  From the --
 
         24            MR. SOULE:  -- findings are, yes, sir.
 
         25            COMPTROLLER MILLIGAN:  Some of them are.

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              22
 
          1            MR. SOULE:  Yes, sir.
 
          2            COMPTROLLER MILLIGAN:  Okay.  When you --
 
          3       when you come forward with your service
 
          4       contract, I think perhaps that'll be another
 
          5       opportunity to talk about this, so I'll defer.
 
          6       But I hope you will take a very careful look
 
          7       again at the IGs and the Auditor General's
 
          8       findings, and ensure that, where appropriate,
 
          9       that those findings are incorporated in the
 
         10       review process.
 
         11            MR. SOULE:  Yes, sir.
 
         12            COMPTROLLER MILLIGAN:  Thanks.
 
         13            GOVERNOR CHILES:  Thank you very much for
 
         14       your report.
 
         15            Is there a motion the meeting be
 
         16       adjourned?
 
         17            COMPTROLLER MILLIGAN:  Motion.
 
         18            GOVERNOR CHILES:  So moved.
 
         19            Seconded.
 
         20            TREASURER NELSON:  Second.
 
         21            GOVERNOR CHILES:  Seconded.
 
         22            Without objection, the meeting of the
 
         23       Inland Protection Financial Corporation is
 
         24       adjourned.
 
         25            I assume that's the end of that report.

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                          STATE BOARD OF ADMINISTRATION
                                 October 22, 1996
                                                              23
 
          1            (The State Board of Administration Agenda
 
          2       was concluded.)
 
          3                             *
 
          4
 
          5
 
          6
 
          7
 
          8
 
          9
 
         10
 
         11
 
         12
 
         13
 
         14
 
         15
 
         16
 
         17
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25

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                             DIVISION OF BOND FINANCE
                                 October 22, 1996
                                                              24
 
          1            GOVERNOR CHILES:  State Board of
 
          2       Administration.
 
          3            Okay.  We finished that.
 
          4            All right.  Bond Finance.
 
          5            ATTORNEY GENERAL BUTTERWORTH:  A motion --
 
          6            MR. WATKINS:  Item 1 is --
 
          7            ATTORNEY GENERAL BUTTERWORTH:  -- for
 
          8       minutes.
 
          9            MR. WATKINS:  -- approval of the --
 
         10            COMPTROLLER MILLIGAN:  Second.
 
         11            GOVERNOR CHILES:  Moved and seconded.
 
         12            Without objection, minutes are approved.
 
         13            MR. WATKINS:  Item number 2 is a resolution
 
         14       authorizing the issuance of up to seven million
 
         15       seven hundred eighty thousand dollars of
 
         16       Board of Regents Revenue Bonds for construction
 
         17       of a Student Services Center at
 
         18       Florida A&M University.
 
         19            SECRETARY MORTHAM:  Move it.
 
         20            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         21            GOVERNOR CHILES:  Moved and seconded.
 
         22            Without objection, it's approved.
 
         23            MR. WATKINS:  Item number 3 is adoption of
 
         24       a resolution authorizing the issuance of up to
 
         25       three million six hundred five thousand

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                             DIVISION OF BOND FINANCE
                                 October 22, 1996
                                                              25
 
          1       Board of Regents Revenue Bonds for construction
 
          2       of a parking garage at Florida A&M University.
 
          3            SECRETARY MORTHAM:  Move it.
 
          4            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
          5            COMPTROLLER MILLIGAN:  Second.
 
          6            GOVERNOR CHILES:  Moved and seconded.
 
          7            Without objection, it's approved.
 
          8            MR. WATKINS:  Item number 4 is a resolution
 
          9       authorizing the competitive sale of up to
 
         10       thirteen million three hundred eighty-five
 
         11       thousand Board of Regents Revenue Bonds for
 
         12       renovation and remodeling of two dormitories at
 
         13       Florida State University.
 
         14            SECRETARY MORTHAM:  Move approval.
 
         15            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         16            GOVERNOR CHILES:  Moved and seconded.
 
         17            Without objection, it's approved.
 
         18            MR. WATKINS:  Item number 5 is an adoption
 
         19       of a resolution authorizing the issuance of up
 
         20       to a hundred and eighty-nine million eight
 
         21       hundred forty thousand dollars of State of
 
         22       Florida capital outlay bonds for the benefit of
 
         23       local school districts in the state.
 
         24            SECRETARY MORTHAM:  Move approval.
 
         25            COMPTROLLER MILLIGAN:  Second.

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                             DIVISION OF BOND FINANCE
                                 October 22, 1996
                                                              26
 
          1            GOVERNOR CHILES:  Moved and seconded.
 
          2            Without objection, it's approved.
 
          3            MR. WATKINS:  Item number 6 is a report of
 
          4       award of the sale of two hundred fifty million
 
          5       dollars of PECO bonds.  Bids were received at
 
          6       Division of Bond Finance on September 26.  The
 
          7       bonds were awarded to the low bidder at a true
 
          8       interest cost rate of approximately
 
          9       5.57 percent.
 
         10            SECRETARY MORTHAM:  Move acceptance --
 
         11            COMPTROLLER MILLIGAN:  Motion.
 
         12            SECRETARY MORTHAM:  -- of the report.
 
         13            GOVERNOR CHILES:  Moved and seconded.
 
         14            COMPTROLLER MILLIGAN:  Second.
 
         15            GOVERNOR CHILES:  Without objection, it's
 
         16       approved.
 
         17            MR. WATKINS:  Thank you.
 
         18            GOVERNOR CHILES:  Thank you, sir.
 
         19            (The Division of Bond Finance Agenda was
 
         20       concluded.)
 
         21                             *
 
         22
 
         23
 
         24
 
         25

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                            ADMINISTRATION COMMISSION
                                 October 22, 1996
                                                              27
 
          1            GOVERNOR CHILES:  We're going to go out of
 
          2       order a little bit.  One of our members will
 
          3       have to leave in a few minutes.
 
          4            So we're going to Trustees.
 
          5            But before we -- well, actually we've got
 
          6       two items that we've got to take up.  One is
 
          7       the -- out of order -- and one is the CSX, and
 
          8       the other is the VA.
 
          9            I want to take up State Board of
 
         10       Administration just a minute before we do that.
 
         11            Or Administration Commission, I mean.
 
         12            DR. BRADLEY:  Thank you, Governor.
 
         13            Item number 1, recommend approval of the
 
         14       minutes of the meeting held October --
 
         15            SECRETARY MORTHAM:  Move approval.
 
         16            DR. BRADLEY:  -- 8th --
 
         17            COMPTROLLER MILLIGAN:  Second.
 
         18            DR. BRADLEY:  -- 1996.
 
         19            GOVERNOR CHILES:  Moved and seconded.
 
         20            Without objection, it's approved.
 
         21            DR. BRADLEY:  Item number 2, recommend the
 
         22       approval of the transfer of general revenue
 
         23       appropriations under Items A and B in the
 
         24       Justice Administration Commission.
 
         25            SECRETARY MORTHAM:  Move approval.

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                            ADMINISTRATION COMMISSION
                                 October 22, 1996
                                                              28
 
          1            COMPTROLLER MILLIGAN:  Second.
 
          2            GOVERNOR CHILES:  Moved and seconded.
 
          3            Without objection, that's approved.
 
          4            (The Administration Commission Agenda was
 
          5       concluded.)
 
          6                             *
 
          7
 
          8
 
          9
 
         10
 
         11
 
         12
 
         13
 
         14
 
         15
 
         16
 
         17
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              29
 
          1            GOVERNOR CHILES:  All right.
 
          2       Madam Secretary, we want to try to get to the
 
          3       CSX, and then the --
 
          4            MS. WETHERELL:  Yes, sir.
 
          5            GOVERNOR CHILES:  -- the VA Hospital.  Is
 
          6       that in -- that would be in --
 
          7            MS. WETHERELL:  Yes, sir.
 
          8            GOVERNOR CHILES:  -- Veterans' Affairs, or
 
          9       your --
 
         10            MS. WETHERELL:  The only item you want to
 
         11       do on my agenda, I think, is Substitute Item 11,
 
         12       CSX.
 
         13            GOVERNOR CHILES:  CSX.  All right.  Let's
 
         14       go to that.
 
         15            MS. WETHERELL:  All right.
 
         16            Substitute Item 11, we're recommending
 
         17       approval of the acquisition of 114.18 acres for
 
         18       six million nine hundred thirty-six thousand
 
         19       three hundred dollars, which is approximately
 
         20       10 percent less than the last offer we brought
 
         21       to you.
 
         22            We do have a signed contract in our
 
         23       possession at this point that they have signed.
 
         24            We have a number of speakers, Mr. Chairman.
 
         25            GOVERNOR CHILES:  Well, we're going to need

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              30
 
          1       a time limitation pretty strict in this, because
 
          2       we're going to have to deal with the other --
 
          3            MS. WETHERELL:  Yes.
 
          4            GOVERNOR CHILES:  -- VA siting case, too.
 
          5            MS. WETHERELL:  Yes, sir.
 
          6            GOVERNOR CHILES:  So, you know, the --
 
          7       we've been over this, the body has.  I think
 
          8       5 minutes to the side ought to probably about
 
          9       cover it.
 
         10            MS. WETHERELL:  All right.  We'll just go
 
         11       through the list, and I think everybody is a
 
         12       proponent.  So we'll limit it to a total of
 
         13       5 minutes.  And I'll call --
 
         14            TREASURER NELSON:  No opponents.
 
         15            GOVERNOR CHILES:  No opponents?
 
         16            MS. WETHERELL:  No, sir.
 
         17            GOVERNOR CHILES:  All right.  Let's let the
 
         18       proponents have 5 minutes.
 
         19            MS. WETHERELL:  All right.  I'll call first
 
         20       on Randy Morris, who's Commissioner of
 
         21       Seminole County.
 
         22            MR. MORRIS:  Governor and Cabinet, I want
 
         23       to thank you very much for your time here.
 
         24       We've brought a number of elected officials up.
 
         25       You all have had much correspondence, I believe,

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              31
 
          1       from people from our whole region.
 
          2            We want to just first frame this as this is
 
          3       a partnership between the State of Florida, the
 
          4       citizens of the state of Florida, and the local
 
          5       region.  This is not an issue between one
 
          6       county, one city.
 
          7            To demonstrate that to you, we're going to
 
          8       have a variety of speakers, if we may, and very
 
          9       quickly.
 
         10            We would like to first call up from
 
         11       Orlando, Commissioner Bagley, please.
 
         12            MR. BAGLEY:  Thank you.
 
         13            I'm Bill Bagley, City Commissioner from
 
         14       City of Orlando.  The City of Orlando is
 
         15       committed to the bicycle path plan.
 
         16            All the new roads in the city of Orlando
 
         17       must have bicycle paths.  As the city develops
 
         18       the Naval Training Center, these roads will have
 
         19       bicycle paths.  The Cady Way Bicycle Path is the
 
         20       south boundary of the Orlando Naval Training
 
         21       Center main base property.
 
         22            Orange County has not only committed to the
 
         23       extension of the existing Cady Way Trial, but
 
         24       has also committed to the overpass over four
 
         25       lanes of Highway 436.

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              32
 
          1            This extension of the Cady Way Trial to the
 
          2       Cross Seminole Trail, which is what we're
 
          3       discussing today, will provide almost 20 miles
 
          4       of continuous trail to serve over a million
 
          5       residents of central Florida.
 
          6            This will give the State of Florida the
 
          7       bang for the buck that justifies the expenditure
 
          8       of funds that are intended specifically for this
 
          9       purpose.
 
         10            Thank you.
 
         11            MR. MORRIS:  If I may, as we run north on
 
         12       the route of the trail, we run up into
 
         13       Seminole County.  And we'd like to cover just
 
         14       briefly some economic impacts and the plans that
 
         15       the City of Oviedo has, and also the City of
 
         16       Winter Springs.
 
         17            Mayor Mimi Bruce from Oviedo and
 
         18       Commissioner Bunnell from Winter Springs.
 
         19            MS. BRUCE:  Good morning.  I'm Mayor
 
         20       Miriam Bruce from the City of Oviedo.  I
 
         21       appreciate this opportunity this morning to
 
         22       address you.
 
         23            I believe that the trail will transform my
 
         24       city.  Oviedo is historically a small farming
 
         25       community, and the trail goes right through the

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                                 October 22, 1996
                                                              33
 
          1       middle of town.
 
          2            Although we are one of the fastest growing
 
          3       cities in the state, we are struggling to
 
          4       preserve our 100-year old downtown center.
 
          5            Winter Garden, which is a similar town, has
 
          6       seen over a quarter of a million dollars in
 
          7       downtown redevelopment money since the inception
 
          8       of the West Orange Trail, and it's not even
 
          9       finished yet.
 
         10            There is a groundswell of support in my
 
         11       community for the trail.  We have all seen the
 
         12       economic and recreational possibilities of other
 
         13       trails.  And as an elected official, when
 
         14       everybody in town wants this trail, you do
 
         15       everything in your power to try to make it
 
         16       happen.
 
         17            I urge you to make this gift to our
 
         18       community, and turn it into an economical and
 
         19       recreational asset the State can point to and be
 
         20       proud of.
 
         21            Thank you.
 
         22            MS. JINELL:  Governor and Cabinet members,
 
         23       I appreciate the opportunity to be here this
 
         24       morning.  I'm Cindy Jinell, Commissioner in the
 
         25       City of Winter Springs.

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              34
 
          1            The City Commission of Winter Springs has
 
          2       enthusiastically endorsed the trail project.  We
 
          3       are the largest city in land area in
 
          4       Seminole County.  We have the largest inventory
 
          5       of undeveloped commercial property in
 
          6       Seminole County.
 
          7            This project is an essential element of a
 
          8       Winter Springs future economic development
 
          9       plan.  It represents a major economic
 
         10       development opportunity for the county and for
 
         11       all of central Florida.  And it's one of the
 
         12       most rapidly developing areas of the state.
 
         13            It's the most appropriate use of this land,
 
         14       and it will maximize the economic development in
 
         15       that area.
 
         16            I strongly recommend that you move forward
 
         17       with this purchase at this time.
 
         18            Thank you.
 
         19            GOVERNOR CHILES:  Thank you.
 
         20            MR. MORRIS:  We now have members from the
 
         21       general community and public at large.
 
         22            GOVERNOR CHILES:  All right.  Can you just
 
         23       kind of bring them on up so we can not have all
 
         24       the time intervene the --
 
         25            MR. BRYAN:  Hello.  I'm Ken Bryan with the

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              35
 
          1       Rails-to-Trails Conservancy.  And I just would
 
          2       like to first -- I don't know if you ever got a
 
          3       chance to read the Orlando Sentinel this morning
 
          4       about an editorial that talks about the savings
 
          5       that the Governor and Cabinet are saving the
 
          6       taxpayers of Florida to the amount of about
 
          7       $750,000.
 
          8            So certainly I would like to find out, if
 
          9       possible, if I could submit the Governor and
 
         10       Cabinet for a Davis Award, because you certainly
 
         11       have done your job.  That's leverage that only a
 
         12       Governor and Cabinet can have with a large
 
         13       corporation.
 
         14            I also want to talk about some of the
 
         15       legislative changes last year, which were very
 
         16       significant.  The Rails-to-Trails Program, which
 
         17       changed to a Greenways and Trails Program.  And
 
         18       that was very exciting.  It signalled the end of
 
         19       a collection of trails, and it challenged the
 
         20       Department to create a statewide system of
 
         21       interconnected trails.
 
         22            This purchase going before you today, and
 
         23       subsequent purchases could affect the future of
 
         24       the Rails-to-Trails Program -- or I'm sorry --
 
         25       the Greenways and Trails Program.

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              36
 
          1            Also last year, the Legislature put very
 
          2       aggressive mandates on departments about
 
          3       unincurred balances.  The Department rose to the
 
          4       challenge, and has brought this project, and
 
          5       will be bringing other projects in the near
 
          6       future to you.
 
          7            And it's imperative that this body not put
 
          8       additional screens on the Department.  They're
 
          9       following the rules and the laws as set forth by
 
         10       the Legislature.
 
         11            And I encourage you to approve the purchase
 
         12       today.
 
         13            Thank you.
 
         14            GOVERNOR CHILES:  I don't think that
 
         15       anybody on this Cabinet objects to
 
         16       Rails-to-Trails.  I think we support it very,
 
         17       very strong.  I think we have a long history of
 
         18       that.
 
         19            We're talking -- our concern, and the
 
         20       concern at the last Cabinet meeting, is
 
         21       primarily of price, and how the appraisal was
 
         22       done.
 
         23            Now, that is our job.  That is the job
 
         24       we're not going to give to the Department
 
         25       because that's a decision we have to make.

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              37
 
          1       We're the ones that in effect ultimately the
 
          2       public looks to as to whether we're properly
 
          3       spending the taxpayers' money or not.
 
          4            So --
 
          5            MR. MORRIS:  Governor --
 
          6            GOVERNOR CHILES:  -- the arguments on price
 
          7       would be more important to us.
 
          8            MR. MORRIS:  Governor, I think that -- I
 
          9       think what we have also here is to --
 
         10       recognizing your time is valuable.
 
         11            We have both our County Property Appraiser,
 
         12       and we also have Craig Clayton of Clayton,
 
         13       Roper, who was the appraiser of record.
 
         14            If we can call them forward, that might be
 
         15       of a bit of assistance, any questions the
 
         16       Cabinet --
 
         17            GOVERNOR CHILES:  Fine.
 
         18            MR. MORRIS:  -- and you all may have.
 
         19            As they're coming up --
 
         20            If you all want to come up.
 
         21            As they're coming up, we talked about this
 
         22       also being a joint partnership.  The investment
 
         23       of the State is the purchase of the land.  The
 
         24       investment of Seminole County alone -- this does
 
         25       not include Orange County's commitment to this

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              38
 
          1       trail project -- is going to be $225,000 per
 
          2       mile of construction, 17 miles.
 
          3            Also $140,000 annually in maintenance.  And
 
          4       this does not include public services like the
 
          5       Sheriff's Department and EMS services to the
 
          6       trail.  So that's our partnership of commitment.
 
          7            MR. SUBER:  Good morning.  I'm Bill Suber.
 
          8       I'm the Property Appraiser for Seminole County.
 
          9            I understand there's some concern about the
 
         10       difference between the appraisal that we have in
 
         11       our roll for tax purposes versus the same piece
 
         12       of properties, let's say, for what Mr. Clayton
 
         13       has undertaken to appraise.
 
         14            I think you should understand from the --
 
         15       from the outset, the one thing that governs an
 
         16       appraisal or the outcome of an appraisal is the
 
         17       purpose of the appraisal.
 
         18            For my job, we do that for tax purposes.
 
         19       Yes, we do derive a market value.  We cannot
 
         20       though by law look at this particular, if you
 
         21       will, corridor as a corridor.
 
         22            In my office, we have to look at what I
 
         23       call remnant parcels, which some are landlocked,
 
         24       the way I have to look at them.  They're the
 
         25       little pieces and parts that are on either side

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                                 October 22, 1996
                                                              39
 
          1       of the middle line of this old railroad bed.
 
          2            For that reason, and the limiting factors
 
          3       within the statutes themselves, we're always
 
          4       going to come out with a value in this
 
          5       particular case that's going to be less than an
 
          6       appraisal done, such as Mr. Clayton and his firm
 
          7       have done, which is a highest and best use
 
          8       appraisal.
 
          9            If we could consider that the right way to
 
         10       do things, I would submit to you, the property
 
         11       appraisers in this state could run all of you
 
         12       out of the state, because we could tax everybody
 
         13       completely out of their properties.  That's not
 
         14       what we're about.
 
         15            I think if -- if Mr. Clayton and I can kind
 
         16       of give you some comparisons in how we consider
 
         17       the valuation process, and what we've done to
 
         18       derive, in my case, the value for the county for
 
         19       tax purposes, and his, I think you'll be able to
 
         20       understand that you're dealing with apples and
 
         21       oranges.  My value is correct, his value is
 
         22       correct.
 
         23            Okay?  We're just taking two different
 
         24       looks -- or perspectives at the properties.
 
         25            Okay?

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              40
 
          1            MR. CLAYTON:  Yes, sir.  Mr. Governor and
 
          2       Cabinet.
 
          3            There were a number of things that -- I
 
          4       have not reviewed Mr. Suber's appraisal, but
 
          5       understanding the process and knowing what I
 
          6       dealt with and the extensive research and
 
          7       analysis that we did when we were charged to do
 
          8       this assignment, there were several issues that
 
          9       I think would bring about a distinctive
 
         10       difference.
 
         11            First, and possibly one of the major
 
         12       elements, is very recently, they finished the
 
         13       final survey.  When we did the appraisal
 
         14       originally a year ago, it was not -- we were
 
         15       working with the acreage that was known at that
 
         16       time, although there was -- it was also
 
         17       indicated, as well as in the appraisal, that
 
         18       there was no current survey available.
 
         19            The property got reduced by a segment of
 
         20       this that was to be acquired by the Department
 
         21       of Transportation, which left a smaller amount
 
         22       of acreage.
 
         23            However, the difference between what that
 
         24       acreage is, which is what Mr. Suber has on the
 
         25       current tax rolls right now, before having

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                                 October 22, 1996
                                                              41
 
          1       opportunity to review the survey, and what our
 
          2       number is that y'all are currently reviewing --
 
          3       I believe, my approximate number was nine
 
          4       million one hundred and fifteen thousand -- is
 
          5       about 18.51 acres of additional land altogether,
 
          6       because of the inaccuracy of the surveys, not
 
          7       the appraisal.
 
          8            That obviously weigh out additional value
 
          9       because of the additional acreage.
 
         10            The other element, in my opinion, does deal
 
         11       with what Mr. Suber indicated with is a highest
 
         12       and best use.
 
         13            We do consider highest and best use in a
 
         14       very strong growth area like the Orlando
 
         15       metropolitan area, the east Seminole County
 
         16       area.  There's been a beltway put there, we have
 
         17       a mall under construction.  There is rapid
 
         18       growth here.
 
         19            And properties that in a historical area
 
         20       that have been agricultural and other zonings,
 
         21       which in some cases, these are still zoned
 
         22       agricultural and commercial areas.  I have to
 
         23       consider the highest and best use of that
 
         24       property to be fair and accurate on the -- my
 
         25       appraisal of the property.

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                     TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
                                 October 22, 1996
                                                              42
 
          1            And so I have to consider the future land
 
          2       use plan and the reasonableness of a rezoning to
 
          3       that, whereas, the -- if it was appraised just
 
          4       to the zoning itself, that may way underestimate
 
          5       the value of the property.
 
          6            When these -- another item is that the --
 
          7       Mr. Suber considered his --
 
          8            GOVERNOR CHILES:  Well, let me just say
 
          9       right there, I don't think really that we're
 
         10       hung up on the difference between Mr. Suber's --
 
         11            MR. CLAYTON:  Okay.
 
         12            GOVERNOR CHILES:  -- appraisal and yours,
 
         13       to tell you the truth.  I'm not.  I don't know
 
         14       if anybody else is.
 
         15            My concern is whether the appraisals are
 
         16       too high.  And that is, basically on the
 
         17       information that we were getting, that if it
 
         18       was -- part of the land went by a shopping
 
         19       center, we appraised the corridor, and what the
 
         20       value of the shopping center was, if part went
 
         21       by the other.
 
         22            And there's a term of art that y'all use
 
         23       doing that.
 
         24            MR. CLAYTON:  Yes.  Referencing the
 
         25       across-the-fence method?

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          1            GOVERNOR CHILES:  Across-the-fence method.
 
          2            MR. CLAYTON:  Yes, sir.
 
          3            GOVERNOR CHILES:  And I think -- my
 
          4       question, and I think a lot of the Boards', was
 
          5       whether a corridor who can't be -- it can't be
 
          6       used for a shopping center, that's -- that's so
 
          7       many feet for highest and best use, whether that
 
          8       should be appraised just at what the square
 
          9       foot -- or square inch thing of a shopping
 
         10       center should be.
 
         11            MR. CLAYTON:  Yes, sir.  I understand your
 
         12       concern and your question.
 
         13            The across-the-fence method -- in the
 
         14       process of doing this, I did considerable
 
         15       research on the National Library of the
 
         16       Appraisal Institute to confirm what were the
 
         17       appropriate methodologies in appraising a
 
         18       property of this type.
 
         19            And the prevailing literature and the
 
         20       leading experts recommend the across-the-fence
 
         21       method.  That's just the start of it though.
 
         22            You have to -- you do begin with it taking
 
         23       on the unit value -- when you say the shopping
 
         24       center, I'm sure you mean the underlying land of
 
         25       the shopping center.

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          1            GOVERNOR CHILES:  Yeah.
 
          2            MR. CLAYTON:  And when you add all those
 
          3       up, you do come to an aggregate value.
 
          4            Then the next step becomes, is that value
 
          5       something that should be discounted, is that
 
          6       value something that should remain as is, or
 
          7       should that value at that point contain a
 
          8       premium?
 
          9            And what the studies -- extensive studies
 
         10       throughout the country have shown that the
 
         11       highest and best use, as a continued corridor,
 
         12       has anywhere from no premium, up to maybe a
 
         13       52 percent premium.
 
         14            If it's for recreational use, there -- it
 
         15       varied to more than 100 percent, less than
 
         16       100 percent.  It ended up about 94 percent of
 
         17       the across-the-fence valuation.  And then these
 
         18       are based on actual purchases, some public, some
 
         19       private.  And this was a nationwide survey and
 
         20       study that was done in my research.
 
         21            And so, yes, sir, the -- as highest and
 
         22       best use for a corridor, there appears --
 
         23       there's extensive explanation in the report.
 
         24            But fundamentally, we have three public
 
         25       agencies as is that are interested in this, in

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          1       the DOT, the Office of Greenway and Trails at
 
          2       the State level, and the Seminole County, as
 
          3       well as all the -- the different municipalities
 
          4       that have expressed their interest as well.
 
          5            There are alternate uses for continued --
 
          6       continued use versus liquidation.  The premise
 
          7       that you were describing is liquidation of the
 
          8       components versus the valuation of the corridor.
 
          9            Mr. Suber had to value each of these little
 
         10       components, which do have a much less value.  It
 
         11       may be only 63 percent in one survey it
 
         12       indicated on an average.
 
         13            Whereas the entire corridor has the cost
 
         14       of -- if you had to acquire that corridor, just
 
         15       the opposite would be true.  They say it would
 
         16       take anywhere from four to six times the
 
         17       across-the-fence method to actually acquire the
 
         18       corridor, and all the associated costs that may
 
         19       go with that.
 
         20            When I concluded, I ended up not applying a
 
         21       discount, nor a premium.  And more evidence
 
         22       actually was leaning toward a premium.
 
         23            And so, you know, that was the methodology
 
         24       that was used.  Each of these categories is well
 
         25       supported by the group of sales.  I broke it

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          1       down to seven different land use categories,
 
          2       versus the 32 tax parcels that Mr. Suber was
 
          3       charged in assessing.
 
          4            GOVERNOR CHILES:  Thank you.
 
          5            SECRETARY MORTHAM:  Governor --
 
          6            GOVERNOR CHILES:  Question.
 
          7            Yes.
 
          8            SECRETARY MORTHAM:  -- having heard all
 
          9       that --
 
         10            GOVERNOR CHILES:  Uh-hum.
 
         11            SECRETARY MORTHAM:  -- I'd just like to ask
 
         12       both of the appraisers their opinion of the six
 
         13       million nine hundred thousand dollar figure, in
 
         14       relationship to the total property being
 
         15       acquired.
 
         16            Just yes or no:  Is it good, or is it not
 
         17       good?
 
         18            MR. SUBER:  I'm not familiar with the
 
         19       six million dollar figure.
 
         20            SECRETARY MORTHAM:  The purchase price of
 
         21       six million nine hundred thousand dollars for
 
         22       the entire parcel.
 
         23            MR. CLAYTON:  I think he's saying we're
 
         24       not -- we were not participants in the
 
         25       negotiations.  But as -- as an answer to that

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          1       valuation, my opinion would be that the State
 
          2       would be getting a very good buy, and the
 
          3       community itself would be getting a tremendous
 
          4       asset.  Yes, ma'am.
 
          5            MR. SUBER:  And I would agree with that.
 
          6            SECRETARY MORTHAM:  Thank you.
 
          7            ATTORNEY GENERAL BUTTERWORTH:  Can I ask
 
          8       one question, Governor?
 
          9            GOVERNOR CHILES:  Yes, sir.
 
         10            ATTORNEY GENERAL BUTTERWORTH:  If I wanted
 
         11       to liquidate this property, what would it be --
 
         12       what would you discount it?
 
         13            Because everybody you're saying wants to
 
         14       purchase it.  We seem to be bidding against each
 
         15       other.  It's to government.
 
         16            MR. CLAYTON:  If you were to liquidate it
 
         17       as a whole, the survey -- the study indicated an
 
         18       average of about 63 percent.  They showed -- the
 
         19       examples they gave were anywhere from 44 to
 
         20       87 percent of value.  And, in fact, the 6.9,
 
         21       I believe, does fall within that range even.  If
 
         22       it was liquidation, which it is not.
 
         23            ATTORNEY GENERAL BUTTERWORTH:  You mean,
 
         24       you would deduct 66 percent, or you just
 
         25       would --

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          1            MR. CLAYTON:  No, no.  Sixty-- excuse me.
 
          2       Not a 66 percent discount -- or 67 -- excuse me,
 
          3       63.  I apologize.
 
          4            It's 63 percent of the across-the-fence
 
          5       method, which would be the nine million one
 
          6       fifteen.  That would be the average number.
 
          7            So the 44 to 87 percent is -- 44 to
 
          8       87 percent of the --
 
          9            SECRETARY MORTHAM:  Do you want it?
 
         10            MR. CLAYTON:  -- across-the-fence method.
 
         11            GOVERNOR CHILES:  I think it might be
 
         12       timely.
 
         13            SECRETARY MORTHAM:  Okay.  So we have a
 
         14       motion on the table, I'd like to move approval
 
         15       of the purchase for 6.9 million dollars.
 
         16            GOVERNOR CHILES:  Is there a second?
 
         17            TREASURER NELSON:  I second it.
 
         18            GOVERNOR CHILES:  It's been moved and
 
         19       seconded.
 
         20            SECRETARY MORTHAM:  Governor, if I could
 
         21       make a quick comment.
 
         22            The first speaker did refer to this
 
         23       Orlando Sentinel editorial this morning, and
 
         24       I think that what's apropos is the fact that
 
         25       this Cabinet suggested that this was too much

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          1       money originally.  And I think that -- that
 
          2       everybody is grateful that now it appears that
 
          3       we will be saving a considerable sum of money.
 
          4       We're going to be saving $600,000 in the
 
          5       purchase price, plus another $146,000 that the
 
          6       survey would have cost the State of Florida.
 
          7            I think that the -- the delay was certainly
 
          8       appropriate any time that we can save those kind
 
          9       of dollars.  We did receive a handout here today
 
         10       referencing the Pinellas Trail, which I am very
 
         11       well aware of, and it does have tremendous
 
         12       impact.
 
         13            I think the fact that citizens are going to
 
         14       be able to use this trail is fantastic.  The
 
         15       fact that there was nobody that spoke in
 
         16       opposition is pretty phenomenal in itself.
 
         17            I see that we have Eva Armstrong here from
 
         18       the Audubon Society, and we may want to hear
 
         19       from her, since we did not hear from the
 
         20       environmentalist side.
 
         21            But I feel strongly that this is -- this is
 
         22       a piece of property that we are going to be able
 
         23       to utilize for recreation, and we're also going
 
         24       to be able to create jobs and economic
 
         25       development as a result.  And I think that those

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          1       things have to impact our decision.
 
          2            And, yes, it is a large sum of money.  But
 
          3       if we're going to, in fact, not purchase this
 
          4       piece of property because of, quote, what is the
 
          5       liquidation -- what would be the liquidation
 
          6       price, maybe every time we bring a piece of
 
          7       property before the Cabinet, we need to look at
 
          8       those same issues.
 
          9            GOVERNOR CHILES:  Further discussion?
 
         10            Will you call the roll?
 
         11            MS. WETHERELL:  Yes, sir.
 
         12            Treasurer Nelson.
 
         13            TREASURER NELSON:  Yes.
 
         14            MS. WETHERELL:  Attorney General
 
         15       Butterworth.
 
         16            ATTORNEY GENERAL BUTTERWORTH:  No.
 
         17            MS. WETHERELL:  Governor Chiles.
 
         18            GOVERNOR CHILES:  Yes.
 
         19            MS. WETHERELL:  Commissioner Crawford.
 
         20            COMMISSIONER CRAWFORD:  Yes.
 
         21            MS. WETHERELL:   Secretary Mortham.
 
         22            SECRETARY MORTHAM:  Yes.
 
         23            MS. WETHERELL:  Comptroller Milligan.
 
         24            COMPTROLLER MILLIGAN:  No.
 
         25            MS. WETHERELL:  Four votes, and that's all

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          1       you need.
 
          2            GOVERNOR CHILES:  All right.  By your vote,
 
          3       you have approved the sale.
 
          4            (The Board of Trustees of the Internal
 
          5       Improvement Trust Fund Agenda was continued.)
 
          6                             *
 
          7
 
          8
 
          9
 
         10
 
         11
 
         12
 
         13
 
         14
 
         15
 
         16
 
         17
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              52
 
          1            (Treasurer Nelson exited the room.)
 
          2            GOVERNOR CHILES:  All right.  Let's go down
 
          3       to the VA.
 
          4            Veteran Affairs.
 
          5            Yes, sir.
 
          6            MR. RAINWATER:  Good morning, Governor.
 
          7            GOVERNOR CHILES:  Good morning.
 
          8            MR. RAINWATER:  Members of the Cabinet.
 
          9       I'm Carlos Rainwater, Executive Director,
 
         10       Florida Department of Veterans' Affairs.
 
         11            This morning I appreciate the opportunity
 
         12       to present to you the Department's
 
         13       recommendation for a second veterans nursing
 
         14       home in our state.
 
         15            Our state is home to a million
 
         16       seven hundred thousand plus veterans.  The
 
         17       largest segment of that population are
 
         18       World War II veterans who now have an average
 
         19       age of more than seventy-five years.  Obviously
 
         20       there's a growing need for veterans nursing home
 
         21       care in our state.
 
         22            The U.S. Department of Veterans' Affairs,
 
         23       State Veterans Nursing Home Program, makes it
 
         24       possible for states to construct and operate
 
         25       nursing homes for veterans with a significant

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              53
 
          1       lessening of the financial burden on the states
 
          2       for providing that care to their general
 
          3       population.
 
          4            Currently our Department successfully
 
          5       manages a 120-bed nursing home facility in
 
          6       Daytona Beach; and last session, the Legislature
 
          7       granted us authority to proceed with a second
 
          8       nursing home, with the capacity to care for
 
          9       veteran patients with Alzheimer's and other
 
         10       dementia related diseases.
 
         11            In arriving at our recommendation to you
 
         12       for a site for the second nursing home, we
 
         13       employed the criteria approved by the Governor
 
         14       and Cabinet on December 17th, 1991, after having
 
         15       been reviewed at a public hearing in
 
         16       October the 9th, 1991.
 
         17            Those criteria were based on empirical
 
         18       data, and as nearly as possible, eliminated
 
         19       subjective evaluations of the sites.
 
         20            This year, I appointed a Site Selection
 
         21       Committee to evaluate the proposals, and to make
 
         22       personal visits to each of the sites.
 
         23            The members of that committee were:
 
         24       Ron Frankel, our General Counsel, who is with me
 
         25       this morning; Polly Tyler, Administrator of the

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                                 October 22, 1996
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          1       Florida Veterans' Home in Lake City;
 
          2       John Creighton, the Administrator of the
 
          3       Emory Bennett Nursing Home in Daytona Beach;
 
          4       FDVA staff members Frank Buxton, Karl Dalke, and
 
          5       Bill Jones; and Mr. Tyler Upham of the
 
          6       Department of Management Services here in
 
          7       Tallahassee.
 
          8            We invited proposal submissions from every
 
          9       county in our state.  We received 17 site
 
         10       proposals from 13 different counties.
 
         11            I can tell you that, in fact, after
 
         12       reviewing the submissions, a veterans nursing
 
         13       home is needed in each and every one of those
 
         14       counties who made submissions.
 
         15            However, we only have the authority to
 
         16       construct one nursing home, and it fell to the
 
         17       Department the difficult task of determining the
 
         18       one location that scored highest under the
 
         19       approved criteria.
 
         20            The committee met at a public forum on
 
         21       September 20th of this year, and reached its
 
         22       recommendation to me.
 
         23            (Treasurer Nelson entered the room.)
 
         24            MR. RAINWATER:  The top six sites were:
 
         25       Number one, the site in Pasco County;

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          1       number two, the site in Hillsborough County;
 
          2       number three, Broward County and the City of
 
          3       Pembroke Pines; site number four,
 
          4       Palm Beach County; site number five,
 
          5       Hernando County; and site number six, another
 
          6       site in Broward County in the town of Davie.
 
          7            Bearing in mind that all 13 counties have a
 
          8       need for a veterans' nursing home, I recommend
 
          9       to you that the Pasco County site for the second
 
         10       veterans' nursing home for veterans of Florida
 
         11       be approved.
 
         12            In addition to recommending the Pasco site,
 
         13       we request that the Governor and Cabinet approve
 
         14       four issues required by the Agency for
 
         15       Health Care Administration to issue the
 
         16       Certificate of Need to begin construction.
 
         17            Those criteria are:  Number one, that the
 
         18       FDVA is authorized to file application for a
 
         19       CON, Certificate of Need; number two, that the
 
         20       Department is authorized to incur the
 
         21       expenditure necessary to accomplish the project;
 
         22       criteria number three, if issued a Certificate
 
         23       of Need, the Department will accomplish the
 
         24       proposed project within the time allowed at or
 
         25       below the cost contained in the application; and

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                                 October 22, 1996
                                                              56
 
          1       number four, that the Florida Department of
 
          2       Veterans' Affairs will license and operate the
 
          3       facility.
 
          4            So, Governor and members of the Cabinet, I
 
          5       make those recommendations to you, bearing in
 
          6       mind that we are up against a time line of
 
          7       November 4th for submitting our letter to the
 
          8       Agency for Health Care Administration.
 
          9       November 4th is our deadline for that process.
 
         10            At this point, I understand that there are
 
         11       four counties who would like -- who have sent
 
         12       representation -- a delegation to address you,
 
         13       each for a maximum of 10 minutes each.
 
         14            Those representatives are:  From
 
         15       Pasco County, heading the delegation is
 
         16       Mr. Fred Harrop, the County Veterans' Service
 
         17       Officer; from Hillsborough County, Commissioner
 
         18       Chris Hart of the County Commission; from
 
         19       Hernando County, Commissioner Ray Lossing; and
 
         20       from Broward County, Senator Howard Foreman.
 
         21            My general counsel, Mr. Frankel, and I will
 
         22       will remain for questions --
 
         23            GOVERNOR CHILES:  Yes, sir.
 
         24            MR. RAINWATER:  -- anything you might need
 
         25       of us --

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                                 October 22, 1996
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          1            GOVERNOR CHILES:  All right.  We want to
 
          2       try to provide this 10 minutes each.  We know a
 
          3       lot of people have come up here, and we want to
 
          4       hear from them.
 
          5            We will have to strictly adhere to that so
 
          6       we will have enough members to vote on this.
 
          7       So -- so you'll have to help us police that.
 
          8            MR. RAINWATER:  I will do that.
 
          9            GOVERNOR CHILES:  Thank you, sir.
 
         10            MR. RAINWATER:  With that, I'll introduce
 
         11       Mr. Fred Harrop, County Veterans' Service
 
         12       Officer, Pasco County.
 
         13            (Secretary Mortham exited the room.)
 
         14            MR. HARROP:  Governor Chiles, distinguished
 
         15       members of the Cabinet, as Mr. Rainwater said, I
 
         16       am Fred Harrop, Pasco County Veterans' Service
 
         17       Officer, and it was my responsibility to put
 
         18       together this proposal.
 
         19            It is my distinct pleasure to address you
 
         20       this morning concerning the placement of the
 
         21       second veterans' nursing home of Florida.
 
         22            I am joined today by the entire
 
         23       Pasco County Board of County Commissioners:
 
         24       Chairman Ed Collins, Mr. Hap Clark,
 
         25       Ms. Ann Hildebrand, Dr. Pat Mulari, and

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                                 October 22, 1996
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          1       Ms. Sylvia Young, who canceled today's
 
          2       Commission meeting so they could come up here to
 
          3       support this very important project.
 
          4            Also in attendance are
 
          5       County Administrator, John Gallagher; State
 
          6       Senator Latvala; State Representative
 
          7       Littlefield in whose district the site lies;
 
          8       State Representative Fasano; County lobbyist
 
          9       Joe Manion; and representatives of numerous
 
         10       veterans, education, business, and civic groups
 
         11       from throughout the county.
 
         12            My brief presentation will focus on why --
 
         13            (Secretary Mortham entered the room.)
 
         14            MR. HARROP:  -- Pasco County was rated the
 
         15       best location for the nursing home by the state
 
         16       Site Selection Committee.
 
         17            The first graphic, sir, I will address is
 
         18       the criteria for the number of veterans within
 
         19       the 75-mile radius of the proposed site.
 
         20            In here, we had 14 counties.  Within that
 
         21       area, over 538,000 veterans, which was the most
 
         22       of any proposed site, but also significantly,
 
         23       49 percent of those veterans are already age
 
         24       sixty and above, which refers to Mr. Rainwater's
 
         25       contention of the desperate need for the home.

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                                 October 22, 1996
                                                              59
 
          1            This second graph refers to the criteria
 
          2       established by the State committee concerning
 
          3       the availability of getting to a VA medical
 
          4       center.  The site is here.  14.9 miles away is
 
          5       James A. Haley VA Medical Center.
 
          6            Also in conjunction with the health issue,
 
          7       the State also needed to look at the
 
          8       availability of health professionals.
 
          9            In that light, directly across the street
 
         10       from James Haley is the University of
 
         11       South Florida, which has over 19 different
 
         12       medical training programs in their curriculum.
 
         13       Also they -- they also contain a nationally
 
         14       recognized Alzheimer's research center, which is
 
         15       particularly significant since this facility
 
         16       will be able to house Alzheimer's residents.
 
         17            Also in the area, we have 33 other area
 
         18       community colleges and different schools which
 
         19       provide medical training, including
 
         20       Pasco/Hernando Community College, which is just
 
         21       up the road with an outstanding nursing program,
 
         22       as well as a developing allied health faculty.
 
         23            One of the major concerns is the
 
         24       accessibility of the site for the visitors to
 
         25       come.  We show here -- here is the location of

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                                 October 22, 1996
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          1       the site.  It is very easy from the north from
 
          2       I-75.  Via State Road 52, it is only 11 miles
 
          3       from I-75.
 
          4            Coming from the south via I-75 and
 
          5       State Road 54, it's just 14 miles going up to
 
          6       U.S. 41.
 
          7            In the projected road improvements,
 
          8       State Road 56, a new interchange, which will cut
 
          9       in half the distance coming from the south.
 
         10            In addition, this shows the numerous
 
         11       housing developments and apartment complexes for
 
         12       the employees to live in.
 
         13            One last point I would like to make on road
 
         14       improvements, U.S. 41, which is going to be the
 
         15       direct link between the VA nursing home and the
 
         16       VA medical center, is currently undergoing
 
         17       construction to six lanes, and that will be
 
         18       completed just 1 mile south of the home by the
 
         19       time the home is completed.
 
         20            This is an aerial view of the site.
 
         21            I can show -- it is basically in this
 
         22       corner here.  It is at the intersection of
 
         23       County Road 583 and Parkway Boulevard.  It is
 
         24       what we consider a very pristine, 12 acre site.
 
         25            The site is on the corner there, it goes

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                                 October 22, 1996
                                                              61
 
          1       down, has some wetlands.  The entire southern
 
          2       border of the site is an orange grove.
 
          3            The County currently owns the adjacent
 
          4       18 acres to the site, and the only plan right
 
          5       now is that an above ground water tower will be
 
          6       built on that.  There are no other construction
 
          7       plans for that.
 
          8            In our continuing quest to provide the
 
          9       residents a peaceful environment, this area is
 
         10       zoned for a maximum of six units per acre, or
 
         11       less.
 
         12            In addition, the site is environmentally
 
         13       clean.  The infrastructure is in place, and it
 
         14       is above the floodplain, and it is ready to
 
         15       build at the State's discretion.
 
         16            Finally, this is simply our artist's
 
         17       conception of what the nursing home would look
 
         18       like, sit on the 12 acres.
 
         19            It is because of these features, along with
 
         20       the overwhelming community support with
 
         21       volunteers ready when the doors are open to
 
         22       provide support to these folks, that we call
 
         23       upon you to accept Mr. Rainwater's
 
         24       recommendation and choose Pasco County as the
 
         25       site for the -- Florida's second veterans

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              62
 
          1       nursing home.
 
          2            Again, I'd like to thank you for the
 
          3       opportunity to address you this morning.  And if
 
          4       there are no questions, I'd like to introduce
 
          5       now Mr. Ed Collins, the Chairman of our
 
          6       County Commission.
 
          7            GOVERNOR CHILES:  Okay.
 
          8            MR. COLLINS:  Governor, members of the
 
          9       Cabinet, it's a pleasure to be here today in
 
         10       support of Pasco as the site of the veterans
 
         11       nursing home.
 
         12            Pasco County was rated number one by the
 
         13       selection committee established by the Cabinet
 
         14       using criteria approved by the Cabinet.
 
         15       Pasco County was the long shot underdog, but we
 
         16       pulled together in the spirit of community, and
 
         17       put together a package that ranked Pasco County
 
         18       number one.
 
         19            Pasco County is proud of its effort, proud
 
         20       of our veterans, and proud of the community
 
         21       effort on this project.  Since the announcement
 
         22       of Pasco's number one ranking, other counties
 
         23       have tried to undermine the process and the
 
         24       criteria.
 
         25            Governor and Cabinet members, we all

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                                 October 22, 1996
                                                              63
 
          1       entered this race with the same criteria.
 
          2       Pasco County placed number one.
 
          3            We are a rural county with a pristine site
 
          4       for this project.  We will give this project the
 
          5       attention it deserves.  It will be a big fish in
 
          6       a little pond.
 
          7            We ask you to do the right thing.  We ask
 
          8       you to keep politics out of your decision.  We
 
          9       ask you to support the recommendation of the
 
         10       Selection Committee and designate Pasco County
 
         11       as the site for the new veterans' nursing home.
 
         12            And in summary, I'd like to ask our various
 
         13       veterans who came from Pasco County today in
 
         14       support of this project to please stand.  We
 
         15       have representatives from Westpack, Disabled
 
         16       Veterans, we have members of the College of
 
         17       Veterans Club, American Legion, Purple Heart,
 
         18       and numerous other organizations.
 
         19            We also have representatives from the
 
         20       Chamber of Commerce of Land O'Lakes.
 
         21            We appreciate your consideration in this
 
         22       matter and look for your support.
 
         23            Thank you very much.
 
         24            GOVERNOR CHILES:  Thank you, sir.
 
         25            Thank you all very much for your

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          1       attendance.  We're glad to have you here.
 
          2            MR. RAINWATER:  Thank you, Pasco County.
 
          3            Next we'd like to introduce a member of the
 
          4       County Commission from Hillsborough County,
 
          5       Commissioner Chris Hart.
 
          6            Commissioner.
 
          7            MR. HART:  Good morning, Governor Chiles,
 
          8       members of the Cabinet.  I'm Chris Hart,
 
          9       County Commissioner, Hillsborough County.
 
         10            It's my privilege to be before you today to
 
         11       represent Hillsborough County, and also to send
 
         12       regrets from our Board, who would rather be
 
         13       here, but they have a land use and zoning
 
         14       meeting, which takes quite a bit of attention.
 
         15            And on double matter, I'm also proud to
 
         16       stand here for the veterans of Tampa Bay.  Over
 
         17       this past year, it's been my privilege to chair
 
         18       the regional coalition, our task force for the
 
         19       veterans of Tampa Bay, with the express purpose
 
         20       of bringing home a site to the largest number of
 
         21       veterans that are unserved and underserved in
 
         22       the state of Florida.
 
         23            And by in large, today because we've got
 
         24       representatives from Pinellas, Hillsborough,
 
         25       Pasco, and Hernando Counties, regardless of the

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                                 October 22, 1996
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          1       fact that we are all proud that we've got three
 
          2       of the six recommendations there, we are totally
 
          3       united that we believe we're here in the best
 
          4       interest of veterans of Tampa Bay.
 
          5            But let me address a little bit
 
          6       differently.  Let me address to you a site, and
 
          7       why I'm here today to say that
 
          8       Hillsborough County is the site I believe you
 
          9       should select.
 
         10            First of all, we're talking about a
 
         11       partnership.  We're talking about a partnership
 
         12       from the Veterans' Affairs, from the Federal
 
         13       level, obviously the State level, the University
 
         14       of South Florida Institute on Aging.
 
         15            In fact, Dr. James Mortimer is here to
 
         16       represent the University of South Florida and to
 
         17       address their interest and support of this site,
 
         18       as well as Hillsborough County.  And what we
 
         19       plan to do, in an all people's park and life
 
         20       skills center that I'll describe very briefly to
 
         21       you.
 
         22            In our applications, we're asked to
 
         23       identify within a 75-mile radius the number of
 
         24       veterans we would serve.  Well, the radius is
 
         25       very helpful to identify the total number of

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                                 October 22, 1996
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          1       veterans, but if you don't recognize that they
 
          2       also have to have a means to avail themselves of
 
          3       those services, as well as the caregivers and
 
          4       family members of those veterans to be able to
 
          5       interact with them.
 
          6            So what I've done is, our Metropolitan
 
          7       Planning Organization, who is the only
 
          8       organization in the state of Florida that can
 
          9       certify time distance factors on
 
         10       transportation --
 
         11            (Governor Chiles exited the room.)
 
         12            MR. HART:  -- has identified for us two
 
         13       very quick charts I'd like to show you.
 
         14            Now, if I identified them in your packet
 
         15       before you, under tabs 2 and tabs 3.  And first,
 
         16       under tab 2, to make it easy to see.  Because I
 
         17       know, if you're like me, you're sometimes
 
         18       looking at -- over your glasses.
 
         19            But we're talking about within 90 minutes
 
         20       of our site in Hillsborough County, we've
 
         21       identified that we can bring over 713,000
 
         22       veterans, if, in fact, that was the desire to
 
         23       our site.  Because we're talking about a
 
         24       connection, not only to our region, but the
 
         25       state of Florida, and our local transportation

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                                 October 22, 1996
                                                              67
 
          1       network.
 
          2            That's a particularly important point,
 
          3       because you're talking about Interstate 75;
 
          4       Interstate 4; Interstate 275; obviously U.S. 19;
 
          5       and U.S. 41, among the many connections.
 
          6            If you turn to tab 3, and we take a closer
 
          7       look at the next chart, we're going to describe
 
          8       for you what happens within 45 minutes.  And
 
          9       this is particularly important, because
 
         10       Bay Pines facility is located in
 
         11       Pinellas County -- in fact, are 45 minutes away
 
         12       from our site, using any of three or four direct
 
         13       routes from Pinellas County to Hillsborough
 
         14       County to there.
 
         15            As well as from the southern end, or access
 
         16       from MacDill Air Force Base; the military
 
         17       retired veterans there can avail themselves of
 
         18       these services.  And we can't forget that during
 
         19       the winter months, particularly between October
 
         20       and March of each year, the Tampa Bay area down
 
         21       through Sarasota swells by over 250,000
 
         22       additional veterans who can use these services
 
         23       as well.
 
         24            And they're often referred to from the
 
         25       MacDill facility to other facilities throughout

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                                 October 22, 1996
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          1       our state network.
 
          2            If you would turn now to chart number 4,
 
          3       please.
 
          4            I'd like to first talk about what is unique
 
          5       in our application.  It is not only a
 
          6       partnership that we're proposing, but we would
 
          7       like to address the fact that we've got to
 
          8       address intergenerational issues, not just here
 
          9       and now.
 
         10            But we're finding out throughout our nation
 
         11       that if we do not address these now and begin to
 
         12       recognize that we've got to bring young and old
 
         13       together, it's even worse than differences in
 
         14       parties.  We're talking about we're going to
 
         15       have to find a better way -- in fact, meet the
 
         16       challenges of our future.
 
         17            What we propose is a site that is -- that
 
         18       is within the Hillsborough County, near the
 
         19       City of Tampa, cities of Temple Terrace, within
 
         20       4 miles of --
 
         21            (Governor Chiles entered the room.)
 
         22            MR. HART:  -- University of South Florida.
 
         23            And if you look at the right side of your
 
         24       chart at the top, looking across from the
 
         25       veterans' nursing home is a residential

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                                 October 22, 1996
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          1       community with homes valued at over $110,000.
 
          2            If you look at the next site on there, that
 
          3       is actually a view from the site, which is over
 
          4       45 to 50 feet above sea level.  It's not in the
 
          5       100 year floodplain, and it is fertile ground.
 
          6            If you look at the bottom right side of
 
          7       your chart, that is, in fact, looking at the
 
          8       site itself.  It has, in fact, over many years,
 
          9       been citrus groves.
 
         10            What I'd like to do at this point in time
 
         11       though is ask Dr. Mortimer to come up and
 
         12       address you briefly from the Institute on Aging
 
         13       of why he and Representative -- the University
 
         14       of South Florida believe so strongly that our
 
         15       approach to the intergenerational needs of our
 
         16       future, particularly as we address healthcare
 
         17       issues, is so important today.
 
         18            Dr. Mortimer.
 
         19            DR. MORTIMER:  Governor Chiles, members --
 
         20       members of the Cabinet, distinguished guests.
 
         21       My name is James Mortimer.  I am Director of the
 
         22       Institute on Aging at the University of
 
         23       South Florida.
 
         24            Until this past January, I was employed by
 
         25       the U.S. Department of Veterans' Affairs for

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          1       21 years; most of that time as the Associate
 
          2       Director of the Geriatric Research, Education,
 
          3       and Clinical Center at the Minneapolis
 
          4       VA Hospital.
 
          5            We were fortunate in Minneapolis to have
 
          6       the state veterans' home located just a 5-minute
 
          7       drive from the VA medical center.  And during my
 
          8       tenure there, we developed numerous programs
 
          9       between the medical center and the veterans
 
         10       home, as well as between the veterans home and
 
         11       the University of Minnesota, which was also
 
         12       located less than 15 minutes away.
 
         13            These programs had an enormous positive
 
         14       impact on the quality of care received by
 
         15       veterans -- by residents of the veterans' home.
 
         16       We were able to bring in physicians, nurses,
 
         17       occupational therapists, and others through
 
         18       clinical training and demonstration programs.
 
         19            I doubt very much that these programs would
 
         20       have been in effect had the state veterans' home
 
         21       not been located within close proximity to the
 
         22       university and the VA medical center.
 
         23            And by "close proximity," I mean less than
 
         24       a 15-minute drive.  It's remarkable how the
 
         25       interest of both people at universities and

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                                 October 22, 1996
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          1       also, I think, Veterans' Administration Medical
 
          2       Center in participating in programs drops off as
 
          3       one goes to, say, a half hour to an hour
 
          4       distance from the facilities.
 
          5            At the University of South Florida, we have
 
          6       one of the most active educational programs in
 
          7       aging in the United States.  We offer degrees at
 
          8       every level in gerontology, including the first
 
          9       of its kind Ph.D. program in aging studies.
 
         10       This program is specifically designed to educate
 
         11       the next generation of leaders in aging.
 
         12            It is also important to point out that the
 
         13       University of South Florida is a full service
 
         14       university, with programs in medicine, nursing,
 
         15       public health, and other areas in which care for
 
         16       older persons is of central interest to both
 
         17       students and faculty.
 
         18            I would, therefore, like to add my
 
         19       enthusiastic support to the siting of the new
 
         20       state veterans' home in Tampa, close to the
 
         21       University of South Florida, and to the VA
 
         22       Medical Center.
 
         23            I firmly believe that locating the state
 
         24       veterans' home there would be in the best
 
         25       interest of the veterans who will live in this

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                                 October 22, 1996
                                                              72
 
          1       facility, and do much to contribute to the
 
          2       quality of care they will receive.
 
          3            Thank you.
 
          4            MR. HART:  Thank you, Dr. Mortimer.
 
          5            The University of South Florida is 4 miles
 
          6       away, and less than 10 minutes.  We have a
 
          7       shuttle that runs between even Haley's Medical
 
          8       Hospital that's 10 minutes away.
 
          9            And there will be reciprocal relationships,
 
         10       like I say, at the Federal, State, and local
 
         11       level.
 
         12            Let me talk about what is under your tab 5
 
         13       that identifies this site you have before you in
 
         14       this chart.
 
         15            This is representation of what that site
 
         16       would look like.  We're talking about the fact
 
         17       that our site is a 27 acre park; that it meets
 
         18       all of the standards of the state of Florida;
 
         19       that, in fact, what we're, in fact, trying to do
 
         20       is find a way that we can include aging
 
         21       citizens, along with physically and mentally
 
         22       challenged people as equal participants in an
 
         23       all people's park and life center.
 
         24            This isn't created anywhere in the state of
 
         25       Florida.  We would like to begin it here.  We've

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                                 October 22, 1996
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          1       got the commitment to do that.
 
          2            One of the things we've learned in
 
          3       Volusia County is that you would perhaps like to
 
          4       have an aquatic pool, because that's a necessary
 
          5       part of the therapy and recreation.  We plan to
 
          6       build that.
 
          7            What you see in this site is that we're,
 
          8       in fact, taking all of the costs of all the
 
          9       infrastructure, all the retention ponds, and
 
         10       building an enclosed pool and gymnasium that's
 
         11       accessible by all citizens, not just those who
 
         12       through life's highway, either at birth or
 
         13       through life's experiences, cause them to be
 
         14       there, but so that people of all -- of all ages
 
         15       can come together.
 
         16            And if I might draw your attention to that
 
         17       one picture in the middle, right-hand side of
 
         18       your book, we can't separate the older citizens
 
         19       from their children, their grandchildren, their
 
         20       relatives.
 
         21            And the other side is, they need the older
 
         22       people as well.
 
         23            So what we found out is we've got to find
 
         24       ways to bring our communities together, and we
 
         25       hope that as you review this criteria, you'll

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                                 October 22, 1996
                                                              74
 
          1       put your personal stamp on this criteria, just
 
          2       not the one that was developed in '91.
 
          3            And if I might refer to tab 6, my quick
 
          4       summary, we exceed all the State's criteria.
 
          5       It's a partnership with an intergenerational
 
          6       model that can serve all of us.
 
          7            Our commitment is clear:  $80,000 to the
 
          8       State veterans' nursing home as you see fit,
 
          9       $600,000 we're spending now for the initial site
 
         10       development, and fifteen million dollars from
 
         11       Hillsborough County in the future years to
 
         12       complete its development.
 
         13            Transportation is a key access.  And this
 
         14       is for the state of Florida, not just for the
 
         15       region, even though we know it'll dominately
 
         16       serve the Tampa Bay region.
 
         17            And, in fact, we believe we are an
 
         18       intergenerational model, and this is something
 
         19       that you can put your stamp on for the future of
 
         20       all the residents of the state of Florida.
 
         21            We believe that Hillsborough County is,
 
         22       in fact, where the people, the need, and the
 
         23       opportunity all come together.
 
         24            Governor, members of the Cabinet, thank you
 
         25       for your consideration and your time.

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          1            GOVERNOR CHILES:  Thank you very much.  We
 
          2       thank you for your presentation.
 
          3            MR. RAINWATER:  Thank you,
 
          4       Commissioner Hart.
 
          5            I believe I saw Commissioner Ray Lossing
 
          6       from Hernando County.
 
          7            There he is.  Commissioner Lossing from
 
          8       Hernando County.
 
          9            MR. LOSSING:  Governor, Cabinet --
 
         10            GOVERNOR CHILES:  Yes, sir.
 
         11            MR. LOSSING:  -- good morning.
 
         12            Thanks for allowing us to be here.  On
 
         13       behalf of Hernando County's presentation, we're
 
         14       all of the above, what you just heard.
 
         15            But there's a little bit more.  I'm going
 
         16       to -- I'm going to change roles today, if I
 
         17       might, and become a newspaper boy, and deliver
 
         18       to you tomorrow's newspaper today.
 
         19            While I'm doing that though, I'd like to
 
         20       introduce to you Mr. Rick Michael, who is going
 
         21       to speak on behalf of Hernando County, and
 
         22       Hernando County citizens and its veterans.
 
         23            And if I may, come up and deliver the
 
         24       newspapers?
 
         25            GOVERNOR CHILES:  Yes, sir.

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          1            MR. LOSSING:  Thank you, sir.
 
          2            MR. MICHAEL:  Tipping may be acceptable.
 
          3            GOVERNOR CHILES:  I'm searching through the
 
          4       inside.  Does this have the racing results?
 
          5            MR. MICHAEL:  We took the racing form out,
 
          6       Governor.
 
          7            GOVERNOR CHILES:  Yes.
 
          8            MR. MICHAEL:  Governor and members of the
 
          9       Cabinet, my name is Rick Michael, and I'm here
 
         10       today, and its my privilege today to represent
 
         11       the citizens of Hernando County, and to
 
         12       emphasize the overwhelming support our citizens
 
         13       and our community has made in bringing together
 
         14       the most comprehensive and cost savings proposal
 
         15       to support your decision on the future site of
 
         16       the veterans nursing home.
 
         17            We've brought our charts, and I think just
 
         18       for time purposes, we'll suspense with that.
 
         19       And the piece that we have up here, you can also
 
         20       see on the front page of the Hernando Today, the
 
         21       Wednesday edition, indicating some of the
 
         22       emphasis on the site that we're proposing.
 
         23            Like most counties, Hernando County is
 
         24       offering a site to be donated at no cost to the
 
         25       the state of Florida.

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                                 October 22, 1996
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          1            The ten-and-a-quarter acre site that is
 
          2       located in a safe and peaceful setting is
 
          3       already zoned for a nursing home, and is the
 
          4       number one site chosen by the review committee
 
          5       based upon the actual site reviews that were
 
          6       made earlier in September.
 
          7            This is also a site that could be
 
          8       transferred free of encumbrances or delays
 
          9       today, if necessary.  The deed is along with us.
 
         10            Like most other counties, Hernando County
 
         11       is offering hundreds of thousands of dollars in
 
         12       infrastructure improvements.  But unlike many
 
         13       other counties, Hernando County is offering
 
         14       these improvements already in place:  The water,
 
         15       the sewage, the electric, all in place, and paid
 
         16       for; not subject to any potential delays or
 
         17       necessary reviews or votes to allocate funding,
 
         18       but simply paid for and ready for use.
 
         19            In fact, Hernando County has not only
 
         20       collected, but has in place and in hand, cash
 
         21       and service donations of more than $899,000 to
 
         22       be applied against your cost, your overall cost.
 
         23            These donations are available for the State
 
         24       to apply toward your required project match with
 
         25       the Federal government.

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          1            In fact, these monies and services which
 
          2       are offered by Hernando County will lessen the
 
          3       State's estimated cost from 3.8 million to
 
          4       2.9 million, or a reduction in your overall
 
          5       costs of roughly 23 percent.
 
          6            And I think that's almost worth repeating,
 
          7       that we can offer today in place contributions
 
          8       of services connected with the construction, and
 
          9       other matters associated with the facility that
 
         10       will reduce the State's commitment by
 
         11       23 percent.
 
         12            These donations are real.  And they're
 
         13       ready to be applied immediately.  Many of these
 
         14       donated services are essential and vital to the
 
         15       overall construction of the facility.
 
         16            They include major items such as equipment
 
         17       and labor for site preparation, along with
 
         18       thousands of tons of lime rock and aggregate.
 
         19       The smaller, more --
 
         20            (Commissioner Crawford exited the room.)
 
         21            MR. MICHAEL:  -- sophisticated items such
 
         22       as voltage and surge suppression equipment,
 
         23       wiring and installation of communications
 
         24       infrastructure.
 
         25            You may also be interested to know that

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          1       we're even going to be installing the cable
 
          2       television network within the facility.  And
 
          3       unlike any other proposal, included in your
 
          4       existing -- including the existing facility in
 
          5       Daytona Beach, we're going to even waive the
 
          6       monthly cable charge, not only this year, but
 
          7       every year hereafter.
 
          8            Hernando County has received the support of
 
          9       our citizens, our county citizens, thousands of
 
         10       letters of support have been written.  Many of
 
         11       those letters have come to you over recent
 
         12       weeks.
 
         13            Seventeen veterans' organizations and
 
         14       numerous other civic and business groups have
 
         15       pledged resources towards this project.  Some of
 
         16       these veterans' groups are among the largest in
 
         17       the state; and in some cases, their membership
 
         18       ranks largest -- within the largest in the
 
         19       country.
 
         20            Many of these veterans have committed not
 
         21       only their time and money, but their future time
 
         22       in supporting their fellow veterans who will be
 
         23       serviced by this new nursing facility --
 
         24            (Commissioner Crawford entered the room.)
 
         25            MR. MICHAEL:  -- and for those patients

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                                 October 22, 1996
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          1       that will be, in the near future, our own
 
          2       neighbors.
 
          3            Hernando County has done all these things
 
          4       because we see this future veterans' facility as
 
          5       not only an asset to our community, but a
 
          6       responsibility that our community has to the
 
          7       veteran.
 
          8            We believe that our veterans deserve the
 
          9       best possible location and support system that
 
         10       can be found.  That's why Hernando County has
 
         11       selected the only site statewide that is
 
         12       supported by a fully staffed hospital and
 
         13       emergency room within 600 feet of the proposed
 
         14       front door of this new facility.
 
         15            So how will the site be selected?
 
         16            Many have expressed concern during the
 
         17       review process over how the selection or scoring
 
         18       criteria has been conducted, how many ports --
 
         19       points have been awarded for each site, whether
 
         20       a site is within 25 miles of a VA medical
 
         21       center, or by how many veterans live within a
 
         22       specified distance.
 
         23            Does it really matter when the facility
 
         24       will be made available to all the veterans
 
         25       statewide, or does it really matter that the

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          1       Hernando County site is just 4 miles outside of
 
          2       an arbitrary radius established during a
 
          3       planning process?
 
          4            We don't think so, and in final judgment,
 
          5       we don't think that you think so either.
 
          6            On October the 2nd, representatives from
 
          7       the various counties met with your individual
 
          8       aides to present each of the sites under
 
          9       consideration here today.
 
         10            As part of the question and answers
 
         11       discussed that day, one of the veteran
 
         12       administration officials, who was responsible
 
         13       and involved in the site review committee was
 
         14       asked the following question:  What is the best
 
         15       available site?
 
         16            His answer was simple.  At that time, it
 
         17       was Hernando County.
 
         18            In fact, Hernando County scored highest by
 
         19       a wide margin from among the sites reviewed by
 
         20       the various members of the review team on the
 
         21       actual site visits.
 
         22            Also that same emphasis was placed in the
 
         23       report that was later sent to you earlier in the
 
         24       month.
 
         25            Hernando County encourages each of you to

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                                 October 22, 1996
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          1       consider the real reason we're here today, to
 
          2       make the best possible decision for the future
 
          3       patients or veterans that will be using this
 
          4       facility.
 
          5            In closing, I'd like to just mention that
 
          6       for me, it's almost a personal issue.  My
 
          7       father, like your fathers, or your brothers,
 
          8       your mothers, your sisters, have served our
 
          9       country in the past.  In my case, my father
 
         10       served in the United States Navy in the
 
         11       South Pacific on the islands of Guadalcanal,
 
         12       Guam, and the bloody fight at Palau.
 
         13            And I'd like to think that if my father had
 
         14       a need, and after 20 years of disability due to
 
         15       heart attacks, if he was in this facility, I
 
         16       would like to think that in the event of a life
 
         17       threatening situation, that my father wouldn't
 
         18       have to wait for a phone call to be made for an
 
         19       ambulance; that he wouldn't have to wait for the
 
         20       ambulance to arrive in order to pick him up and
 
         21       take him, whether it be 10 minutes or 15 or
 
         22       20 minutes; that he, if necessary, and if I was
 
         23       visiting, that I'd be able to pick my father up
 
         24       and carry him the 600 feet to the emergency
 
         25       room, which is to the front of the -- of the

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                                 October 22, 1996
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          1       facility, like he has carried me so many times
 
          2       in the past.
 
          3            Governor, members of the Cabinet, I ask for
 
          4       your consideration in selecting Hernando County
 
          5       as the best possible site, not for the State,
 
          6       but for the veterans who will be using it.
 
          7            Thank you very much.
 
          8            GOVERNOR CHILES:  Thank you.
 
          9            MR. MICHAEL:  Thank you very much.
 
         10            GOVERNOR CHILES:  Thank you, sir.
 
         11            MR. RAINWATER:  Thank you very much,
 
         12       Mr. Michael.
 
         13            At this point, I'd like to introduce
 
         14       Senator Howard Foreman, who's representing the
 
         15       Broward County submission.
 
         16            Senator.
 
         17            SENATOR FOREMAN:  Thank you, Mr. Rainwater,
 
         18       Attorney Frankel, Governor, ladies and -- lady
 
         19       and gentlemen of the Cabinet.
 
         20            The decision that's before you today is to
 
         21       take the values from these different sites,
 
         22       compiled by the staff on the criteria set forth
 
         23       in the rule, and evaluate it from a practical
 
         24       viewpoint.
 
         25            In other words, take the product of the raw

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                                 October 22, 1996
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          1       data and interpret it in such a way that make --
 
          2       that it makes most sense, and has the greatest
 
          3       impact on the public's good.
 
          4            The other part involves accessibility.  And
 
          5       that's a very important concept here.
 
          6       Accessibility from various state regions, and
 
          7       whether some of the numbers calculated are
 
          8       already being served by the present facility in
 
          9       Volusia County.
 
         10            It's very illogical to us to have a second
 
         11       VA nursing home in central Florida, which is --
 
         12       part of it, which is already served by the
 
         13       Volusia County site, as opposed to southeastern
 
         14       Florida, or the Florida panhandle.
 
         15            Indeed, the very reason for the continued
 
         16       existence of the Cabinet is its collegial use of
 
         17       discretion and judgment.
 
         18            Let me point out some important facts to
 
         19       you.  First of all, Broward County, Florida's
 
         20       second largest county, has the number one
 
         21       veteran population in the state of Florida.
 
         22            Broward County and -- in the three-county
 
         23       area, Broward, Palm Beach, and Dade, ranks
 
         24       first, third, and fourth of the state's veteran
 
         25       population.  Matter of fact, those three

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              85
 
          1       counties alone account for 22 percent of the
 
          2       Florida -- of Florida's veteran population.
 
          3            None of the other sites have such a high
 
          4       concentration of veterans as the immediate site
 
          5       area.
 
          6            The nursing home occupancy rates are
 
          7       91 percent in Broward, 90 percent in Dade,
 
          8       90 percent in Palm Beach County.
 
          9            There's an intense demand for quality
 
         10       nursing home beds in the area.  Locating the
 
         11       Broward veterans nursing home in Broward County
 
         12       will reduce the impact on demand for beds of
 
         13       veterans that are in other nursing homes.
 
         14            The Broward site will also serve
 
         15       Monroe County, and also serve Collier County.
 
         16       Now, when they prepared the map on the 75-mile
 
         17       radius, ladies and gentlemen, as you can see,
 
         18       of course, nobody lives on a circle.  They live
 
         19       in areas -- there are communities close to
 
         20       transportation arteries, roadways, things that
 
         21       they're familiar with.
 
         22            And -- and basically, you know, this is --
 
         23       which is what we basically have here.
 
         24            Monroe County and Collier County,
 
         25       of course, weren't placed in the circle, because

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              86
 
          1       the bulk of the population is here.
 
          2            But where are the people in Monroe County
 
          3       going to go?  It's about a 150 mile ride from
 
          4       Miami to Key West, and it's about a 200 mile
 
          5       ride, or a 180 mile ride for most of
 
          6       Broward County to the end of the Keys.
 
          7            Also the Broward County Commission
 
          8       allocated 1 million dollars -- that's 1 million
 
          9       dollars, in their -- in this year's budget for
 
         10       their project.
 
         11            The Pembroke Pines site, there's already a
 
         12       medical facility, has -- already has a medical
 
         13       facility right near it, which is owned by the
 
         14       South Broward Hospital District, and it has --
 
         15       it's in close proximity to the South Broward
 
         16       Hospital District's four hospitals.  That it has
 
         17       Memorial, Memorial West, Pembroke Pines
 
         18       Hospital, and the walk-in facility on
 
         19       Douglas Road.
 
         20            It's only -- it's 13.5 miles to the
 
         21       Veterans' Hospital in Miami as the crow flies,
 
         22       but people aren't crows.  Of course, they have
 
         23       to get in their car or get in their bus.  And
 
         24       it's about 18 miles to the veterans' hospital in
 
         25       Miami, which the criteria was 25 miles.

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              87
 
          1            Partnerships are planned with institutions
 
          2       of higher learning, particularly the University
 
          3       of Miami School of Medicine.
 
          4            Also, this year, Nova Southeast
 
          5       University's allied health school opened up this
 
          6       year.  And they're graduating thousands --
 
          7       thousands of healthcare graduates, many of them
 
          8       who could -- who majored in gerontology and can
 
          9       help assist this fine facility.
 
         10            There's easy access from the Volusia County
 
         11       site to Tampa, 135 miles, which according to
 
         12       AAA, 2 hour and 45 minute ride.
 
         13            The Land O'Lakes, 3 hours and 18 minutes.
 
         14       About 158 miles.
 
         15            You know, where are people in Monroe County
 
         16       going to go, where are people in Dade County
 
         17       going to go?  Where do they go in Broward,
 
         18       Palm Beach, Martin?  You know, that's almost a
 
         19       300 mile ride, and double the time.
 
         20            And, of course, we have a more
 
         21       sophisticated transportation system.  And I'm
 
         22       glad Pasco County's improving their road
 
         23       situation.  But we have -- in the here and now,
 
         24       we have the facilities, and we have the
 
         25       population.

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              88
 
          1            When you look at this map, there's an
 
          2       overcount of 81,000 veterans in this little red
 
          3       piece over here that could be served by
 
          4       Volusia County.
 
          5            Now, you get a lot of data, just like I do
 
          6       in the State Senate.  When you really look at
 
          7       the facts, if you eliminate the double count,
 
          8       and you throw Lee County and Collier County in
 
          9       there, as well as Monroe County, we have more
 
         10       veterans than Pasco County, which by -- in the
 
         11       conglomerate by 7800, and 28,000 more than
 
         12       Hillsborough County.
 
         13            Matter of fact, Lee County -- you have a
 
         14       letter from the President of the combined
 
         15       veterans association in Lee County and
 
         16       Fort Myers that endorsed the Broward County
 
         17       site.
 
         18            Okay.  Lady and gentlemen of the Cabinet,
 
         19       people don't live on circles, they live in
 
         20       communities that are connected by roadways.
 
         21       Sometimes they take the bus, sometimes they take
 
         22       a cab, sometimes they could take MetroRail.
 
         23            But they don't live on circles, they live
 
         24       in communities that are connected to each
 
         25       other.  And that's how you really have to judge

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              89
 
          1       that:  On veteran population, and also the close
 
          2       proximity of how people can get to the veterans'
 
          3       nursing home, how their families will visit.
 
          4            And this is really what the criteria should
 
          5       be.  I know you adopted the circle, but the
 
          6       circle is an artificial boundary.  The real
 
          7       boundary is the population connected by
 
          8       roadways, and how close it -- how close they are
 
          9       to the major part of the veterans' population.
 
         10            For these reasons, lady and gentlemen of
 
         11       the Cabinet, and your Excellency, we believe the
 
         12       Pembroke Pines site is the best site, bar none.
 
         13       No matter how you slice it.  You can use a
 
         14       circle, you could use a trapezoid, but our
 
         15       site's the best.
 
         16            Thank you.
 
         17            GOVERNOR CHILES:  Thank you again for your
 
         18       presentation.  We appreciate that.
 
         19            MR. RAINWATER:  Thank you, Senator.
 
         20       I believe those are the full range of the
 
         21       presenters.
 
         22            We appreciate your consideration this
 
         23       morning.  And we would appreciate your favorably
 
         24       considering the Department's recommendation.
 
         25            Thank you.

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              90
 
          1            GOVERNOR CHILES:  Thank you, sir.
 
          2            Well, I think -- I just want to compliment
 
          3       the presentations.
 
          4            I have never seen four better
 
          5       presentations.  And I think during the -- the
 
          6       time each was presented, I wanted to vote for
 
          7       that site.
 
          8            And I think that goes back to what you
 
          9       said, Mr. Secretary, that all of these are good
 
         10       sites, all of them are literally necessary for
 
         11       Florida.
 
         12            And that, of course, compounds our
 
         13       problem.  It is not a question of whether a site
 
         14       meets the criteria or meets the needs.  Every
 
         15       one of them do.  And we can put one in the
 
         16       Panhandle, and somewhere up there, we need one
 
         17       as well.
 
         18            So we -- if we were getting our fair share
 
         19       for our veterans, we would probably have five or
 
         20       six VA nursing homes.  We would need that many.
 
         21       And that's very clear.
 
         22            The problem that we're left with though is
 
         23       that at this stage, we've got one.  And we have
 
         24       to make a decision as to what that site is going
 
         25       to be.

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              91
 
          1            TREASURER NELSON:  Are we likely to have
 
          2       one for next year?
 
          3            GOVERNOR CHILES:  I don't have any idea
 
          4       about that.  I think the one good news I know is
 
          5       that Senator Graham and Senator Mack, I think,
 
          6       will be able to get something into the
 
          7       appropriations bill in the continuing resolution
 
          8       that -- and I don't know whether that's
 
          9       permanent or not.  But --
 
         10            MR. RAINWATER:  The --
 
         11            GOVERNOR CHILES:  -- but appear to divide
 
         12       the money -- VA money much more where the
 
         13       veteran was.
 
         14            MR. RAINWATER:  That's correct.
 
         15            GOVERNOR CHILES:  And that's a battle we've
 
         16       been fighting, as you know, Former Congressman,
 
         17       for many, many years in trying to do that.
 
         18            MR. RAINWATER:  There was an amendment on
 
         19       the HUD and Independent Agencies which includes
 
         20       the VA's budget this year --
 
         21            GOVERNOR CHILES:  But that would just be a
 
         22       one-year thing, unless it gets changed, right?
 
         23       It would --
 
         24            MR. RAINWATER:  No.  That is an ongoing --
 
         25            GOVERNOR CHILES:  Oh, it is.  Good.

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              92
 
          1            MR. RAINWATER:  Yes, sir.  That is --
 
          2            GOVERNOR CHILES:  That's even better.
 
          3            MR. RAINWATER:  The VA's required to submit
 
          4       to the Congress a plan to more equitably
 
          5       distribute its healthcare resources in order
 
          6       that veterans in every part of this country have
 
          7       equal access to the VA's healthcare system,
 
          8       which, as all of us veterans realize, that is
 
          9       not the case now.
 
         10            GOVERNOR CHILES:  Not in Florida.
 
         11            MR. RAINWATER:  As far as the State Nursing
 
         12       Home Program goes, it is a -- it is a
 
         13       year-by-year appropriation issue with the VA.
 
         14       Hopefully it is an ongoing program, but you can
 
         15       never be certain.
 
         16            But you can bet that if it -- if it does go
 
         17       on year after year, we will be in there making
 
         18       submissions for Florida for additional nursing
 
         19       homes.
 
         20            TREASURER NELSON:  So there's a chance that
 
         21       we would be taking up a second nursing home site
 
         22       next year.
 
         23            MR. RAINWATER:  Absolutely.
 
         24            COMPTROLLER MILLIGAN:  Governor, if I
 
         25       could --

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              93
 
          1            GOVERNOR CHILES:  Yes, sir.
 
          2            COMPTROLLER MILLIGAN:  -- raise a subject.
 
          3            I think, regardless of the outcome of this
 
          4       particular selection process, it was pretty
 
          5       clear, I think, in the presentations that we
 
          6       heard, and in comments that we've heard over the
 
          7       past several weeks, that the section --
 
          8       selection criteria probably should be reviewed.
 
          9       It was established in 1991, and I think it's
 
         10       probably time that we take a look at it.
 
         11            So I would recommend that regardless of the
 
         12       outcome, that the selection criteria be reviewed
 
         13       and presented to the Cabinet in the future, to
 
         14       assist in the selection of what we hope will be
 
         15       a third dedicated nursing home here in the next
 
         16       year or so.
 
         17            MR. RAINWATER:  We will do that, sir.
 
         18            GOVERNOR CHILES:  I think that's a good
 
         19       suggestion, and we look forward to that taking
 
         20       place.
 
         21            What's your pleasure?
 
         22            SECRETARY MORTHAM:  Governor, I move the
 
         23       approval of Pasco County.
 
         24            GOVERNOR CHILES:  Is there --
 
         25            COMMISSIONER CRAWFORD:  Second that motion.

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                         DEPARTMENT OF VETERANS' AFFAIRS
                                 October 22, 1996
                                                              94
 
          1            GOVERNOR CHILES:  There's a motion and a
 
          2       second on Pasco County.
 
          3            Is there discussion?
 
          4            ATTORNEY GENERAL BUTTERWORTH:  Tough vote,
 
          5       Governor.
 
          6            GOVERNOR CHILES:  That is a tough vote,
 
          7       yes, sir.  This time I hope the Governor doesn't
 
          8       have to vote first.
 
          9            So many as favor the -- the motion will
 
         10       signify by saying aye.
 
         11            THE CABINET:  (Aye.)
 
         12            GOVERNOR CHILES:  Opposed, no.
 
         13            The ayes have it.
 
         14            (Applause.)
 
         15            (The Department of Veterans' Affairs Agenda
 
         16       was concluded.)
 
         17                             *
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25

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                              DEPARTMENT OF REVENUE
                                 October 22, 1996
                                                              95
 
          1            (Treasurer Nelson exited the room.)
 
          2            GOVERNOR CHILES:  All right.  We have some
 
          3       more business.
 
          4            Let's see.  I think we go back to the
 
          5       budget committee -- budget -- or is it
 
          6       Education.
 
          7            ATTORNEY GENERAL BUTTERWORTH:  Or Revenue.
 
          8            SECRETARY MORTHAM:  Yeah.
 
          9            GOVERNOR CHILES:  Yeah.  We might as well
 
         10       give them a minute.
 
         11            We'd like to ask our guests to try to hold
 
         12       it down.  We have some more business we're
 
         13       trying to conduct.
 
         14            All right, sir.  Mr. Fuchs.
 
         15            MR. FUCHS:  Good morning, Governor.
 
         16            GOVERNOR CHILES:  Yes, sir.
 
         17            MR. FUCHS:  Secretary Mortham, gentlemen.
 
         18            ATTORNEY GENERAL BUTTERWORTH:  A motion on
 
         19       minutes.
 
         20            GOVERNOR CHILES:  Is there a motion and
 
         21       a --
 
         22            COMPTROLLER MILLIGAN:  Yes, I --
 
         23            GOVERNOR CHILES:  -- and second --
 
         24            COMPTROLLER MILLIGAN:  -- second.
 
         25            GOVERNOR CHILES:  -- on the minutes.

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                              DEPARTMENT OF REVENUE
                                 October 22, 1996
                                                              96
 
          1            So many as favor the motion, signify by
 
          2       saying aye; opposed, no.
 
          3            Minutes adopted.
 
          4            MR. FUCHS:  While -- while the room is
 
          5       clearing, I appreciate -- personally appreciate
 
          6       your support of the Davis Productivity Awards
 
          7       this morning.
 
          8            It's my pleasure to advise you that the
 
          9       Department of Revenue had 86 winning submissions
 
         10       this year involving 635 of our employees.
 
         11       That's about 12 or 13 -- 15 percent of our total
 
         12       staff won Davis Productivity Awards this year.
 
         13            GOVERNOR CHILES:  That's terrific.  We're
 
         14       delighted to hear that.  And that's a
 
         15       continuation of the record y'all have been
 
         16       making.  And we think that's --
 
         17            MR. FUCHS:  I hope that the Legislature
 
         18       sees fit to reward those career service
 
         19       employees next year with maybe some bonuses or
 
         20       performance based incentives.
 
         21            GOVERNOR CHILES:  Well, looking at the
 
         22       amount of money that I just heard that was
 
         23       talked about being saved, 100 million in one
 
         24       aspect, 42 million in another, and then numerous
 
         25       1 millions to 400,000 to -- it seems like to me

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                              DEPARTMENT OF REVENUE
                                 October 22, 1996
                                                              97
 
          1       that the Legislature certainly should consider
 
          2       something like that.
 
          3            We may give them an opportunity.
 
          4            MR. FUCHS:  I know I'm preaching to the
 
          5       choir, and this is internal government
 
          6       operations, which doesn't make headlines
 
          7       anywhere in the state.
 
          8            But I think it's important that -- that
 
          9       y'all renew your commitments, and I think
 
         10       everyone has been committed to the idea of --
 
         11            GOVERNOR CHILES:  I think if you'll look
 
         12       around, you'll see that most of the press,
 
         13       written or --
 
         14            MR. FUCHS:  Gone.
 
         15            GOVERNOR CHILES:  -- video has already
 
         16       left.  So --
 
         17            MR. FUCHS:  Inside.
 
         18            All right.  Item 1 is a request for
 
         19       approval of the minutes --
 
         20            GOVERNOR CHILES:  They may be listening
 
         21       somewhere on the speaker.
 
         22            COMMISSIONER CRAWFORD:  I see at least one
 
         23       out there.
 
         24            MR. FUCHS:  I'm sorry.  Item 1 is a request
 
         25       for approval of the minutes of the

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                              DEPARTMENT OF REVENUE
                                 October 22, 1996
                                                              98
 
          1       September 26 --
 
          2            SECRETARY MORTHAM:  I think we did that.
 
          3            MR. FUCHS:  -- meeting.
 
          4            GOVERNOR CHILES:  That's already been
 
          5       approved.
 
          6            MR. FUCHS:  I'm sorry.  I could not hear,
 
          7       sir.
 
          8            Item 2 is a request for approval to file
 
          9       with Secretary of State proposed amendments to
 
         10       Rule Chapter 12B-5 regarding Motor Fuels Tax.
 
         11            SECRETARY MORTHAM:  Move approval.
 
         12            COMMISSIONER CRAWFORD:  Second.
 
         13            GOVERNOR CHILES:  Moved and seconded.
 
         14            Without objection, that's approved.
 
         15            MR. FUCHS:  Item 3 is request for approval
 
         16       in concept of the Department's proposed
 
         17       legislative package to be submitted to the 1997
 
         18       Legislature.
 
         19            SECRETARY MORTHAM:  Governor, I move
 
         20       accepting the legislative package.
 
         21            COMPTROLLER MILLIGAN:  I have a comment, if
 
         22       I may, Governor.
 
         23            GOVERNOR CHILES:  Yes, sir.
 
         24            Let's see.  Is there a second to that?
 
         25            COMMISSIONER CRAWFORD:  Second.

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                              DEPARTMENT OF REVENUE
                                 October 22, 1996
                                                              99
 
          1            GOVERNOR CHILES:  Second.  Okay.
 
          2            COMPTROLLER MILLIGAN:  Over on the Roman
 
          3       numeral III of the item under administrative
 
          4       concepts is a -- in paragraph 2, there's a
 
          5       discussion on limiting refunds on tax
 
          6       overpayments to those less than $25.
 
          7            My first question is:  Does that apply
 
          8       for -- also for underpayments of $25?
 
          9            MR. FUCHS:  General, the -- the concept
 
         10       refers only to class action lawsuits.  We're
 
         11       not -- we're not restricting all refunds nor any
 
         12       other transactions involved.
 
         13            We're simply trying to limit the -- the
 
         14       amounts that can be used to include persons in a
 
         15       class action lawsuit so that we don't have
 
         16       situations where individual taxpayers would be
 
         17       due a refund, let's say, in fractions of a
 
         18       cent.  But in the aggregate, the attorneys
 
         19       bringing the class action could receive
 
         20       substantial windfalls.
 
         21            COMPTROLLER MILLIGAN:  Then what your
 
         22       legislative package says right now --
 
         23            ATTORNEY GENERAL BUTTERWORTH:  Hang up your
 
         24       shingle on this one.
 
         25            COMPTROLLER MILLIGAN:  Yes.

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                              DEPARTMENT OF REVENUE
                                 October 22, 1996
                                                              100
 
          1            What your legislative package says right
 
          2       now where it applies to any -- any overpayment
 
          3       of $25, and does not address class -- just class
 
          4       action, but any overpayment of $25 is not
 
          5       correct.  That that will be corrected in your --
 
          6       in your draft to properly reflect what you are
 
          7       talking about?
 
          8            MR. FUCHS:  Yes, sir.  If it does say that
 
          9       in the materials you've been provided, you have
 
         10       my apologies.  This is meant to restrict the
 
         11       refund levels in class action lawsuits only.
 
         12            COMPTROLLER MILLIGAN:  All right.  I might
 
         13       also comment to you that if there is a policy
 
         14       adopted of not refunding, for whatever reason,
 
         15       below a certain value above that -- the $1 that
 
         16       the IRS uses today, and what our statute says
 
         17       today, that you're then looking at an abandoned
 
         18       property situation, and we need to address that
 
         19       particular aspect of it.
 
         20            MR. FUCHS:  Yes, sir.
 
         21            COMPTROLLER MILLIGAN:  Okay.
 
         22            SECRETARY MORTHAM:  Governor --
 
         23            GOVERNOR CHILES:  Yes, ma'am.
 
         24            SECRETARY MORTHAM:  -- specifically because
 
         25       of the issues that Mr. Milligan, as well as --

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                              DEPARTMENT OF REVENUE
                                 October 22, 1996
                                                              101
 
          1       for example, there's one proposal here that
 
          2       would amend and allow the imposition of local
 
          3       option fuel taxes; and then there's another one
 
          4       that talks about dyed -- where is it -- dyed
 
          5       diesel fuel.  I mean, I don't know how many of
 
          6       us have studied dyed diesel fuel.
 
          7            But I would be much more comfortable
 
          8       accepting this package, as opposed to approving
 
          9       it.  And if we are, in fact, going to have to
 
         10       approve all 18 of these --
 
         11            GOVERNOR CHILES:  In fact, Madam Secretary,
 
         12       we literally accept all of these budgets,
 
         13       because I think a long time ago, we tried to --
 
         14       made it very strong on the record that we did
 
         15       not approve them.
 
         16            Most of these budgets, as you know, come
 
         17       in; then I have to introduce the budget after
 
         18       that.  So my vote of acceptance does not mean
 
         19       that I have approved their budgets.  And I think
 
         20       none of our votes mean that.
 
         21            SECRETARY MORTHAM:  Okay.  And that
 
         22       includes the legislative package, which is --
 
         23            GOVERNOR CHILES:  Yes.
 
         24            SECRETARY MORTHAM:  -- what this is.
 
         25            Okay.  Great.

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                              DEPARTMENT OF REVENUE
                                 October 22, 1996
                                                              102
 
          1            GOVERNOR CHILES:  Yes, ma'am.
 
          2            SECRETARY MORTHAM:  Thank you.
 
          3            GOVERNOR CHILES:  Yes, ma'am.
 
          4            MR. FUCHS:  I'm sorry, Governor.  Did y'all
 
          5       vote on it?
 
          6            GOVERNOR CHILES:  No, we have not.
 
          7            So many as favor --
 
          8            Without objection, it's approved.
 
          9            MR. FUCHS:  Thank you, sir.
 
         10            GOVERNOR CHILES:  Thank you.
 
         11            (The Department of Revenue Agenda was
 
         12       concluded.)
 
         13                             *
 
         14
 
         15
 
         16
 
         17
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25

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                             STATE BOARD OF EDUCATION
                                 October 22, 1996
                                                              103
 
          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, assignment of lease from the State
 
          6       Board of Education to the Treasure Coast
 
          7       Agriculture Research Foundation, Incorporated.
 
          8            SECRETARY MORTHAM:  Move approval.
 
          9            COMMISSIONER CRAWFORD:  Second.
 
         10            GOVERNOR CHILES:  Moved and seconded.
 
         11            Without objection, it's approved.
 
         12            DR. BEDFORD:  Item 2, request approval for
 
         13       the transfer of title for Wahnish Way on F-A-M-U
 
         14       campus from the State Board of Education to the
 
         15       Board of Trustees.
 
         16            SECRETARY MORTHAM:  Move approval.
 
         17            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         18            COMMISSIONER CRAWFORD:  Second.
 
         19            GOVERNOR CHILES:  Moved and seconded.
 
         20            Without objection, it's approved.
 
         21            DR. BEDFORD:  Item 3, proposed contract for
 
         22       the development, production, and printing of new
 
         23       versions of the Florida College Entrance Level
 
         24       Placement Test.
 
         25            SECRETARY MORTHAM:  Move approval.

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                             STATE BOARD OF EDUCATION
                                 October 22, 1996
                                                              104
 
          1            COMMISSIONER CRAWFORD:  Second.
 
          2            GOVERNOR CHILES:  Moved and seconded.
 
          3            Without objection, it's approved.
 
          4            DR. BEDFORD:  Item 4, update on the Florida
 
          5       Comprehensive Assessment Test.
 
          6            At this time, we had planned a 10-minute
 
          7       presentation.  In the interest of time, we're
 
          8       going to have Tom come up here, a very short
 
          9       presentation, much less than 10 minutes.
 
         10            Tom, if you would -- we want you aware of
 
         11       what's going on and where we are.  That's --
 
         12            GOVERNOR CHILES:  All right, sir.
 
         13            MR. FISHER:  Governor, members of the
 
         14       Cabinet, I'm Thomas Fisher.  I'm Director of
 
         15       Testing for the state.
 
         16            In your briefing package, you have copies
 
         17       of a handout.  I'm not going to take time now to
 
         18       go through each and every page.  We can do that
 
         19       later at your pleasure, if you wish.  I do want
 
         20       to highlight a few things.
 
         21            So if you'll page along with me very
 
         22       quickly.
 
         23            On page 2, you'll see that -- our calendar
 
         24       indicating what we have done thus far.
 
         25       Basically we've developed over 1200 items, and

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                                                              105
 
          1       are busy doing the final reviews on those test
 
          2       questions at this time.
 
          3            Page 3 shows the overall design for the
 
          4       assessment.  I won't take time to repeat that.
 
          5            Page 4 and 5 taken together give you an
 
          6       idea of what this test is going to look like.
 
          7            Basically it's going to be a mixture of
 
          8       test items:  Multiple choice, gridded response,
 
          9       short response, extended response items.  And I
 
         10       have some samples for you.
 
         11            If you'll page to 6, you'll see an example
 
         12       in mathematics of a typical kind of multiple
 
         13       choice question, except that this measures
 
         14       geometry, which we have previously not put in
 
         15       our minimum competency test.
 
         16            Remember that this new test, FCAT, the
 
         17       Florida Comprehensive Assessment Test, is
 
         18       measuring high standards.  And you'll see that
 
         19       in these test questions.
 
         20            On page 7, you see a sample mathematics
 
         21       question at grade 8 dealing with metric
 
         22       measurement.
 
         23            In page 8, you see a question that can best
 
         24       be solved with use of a handheld calculator,
 
         25       which we will be providing for students at

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                                                              106
 
          1       grades 8 and 10.
 
          2            You'll also notice that this example is
 
          3       what we call a gridded response.
 
          4            Page 9 and page 10 are much more
 
          5       sophisticated test questions involving algebra
 
          6       and geometry.
 
          7            In reading, skipping over to pages 12, 13,
 
          8       and 14, you can see the kinds of questions we
 
          9       will have in which a student actually has to
 
         10       write a response to a reading question.
 
         11            These will be hand scored by teams of
 
         12       readers, and should provide very useful
 
         13       information to us.
 
         14            Skipping over to pages 16 and 17, you can
 
         15       see the kind of score reports we're going to
 
         16       produce with this new assessment, including
 
         17       proficiency levels that will be defined at a
 
         18       point in the future.
 
         19            The work to be accomplished before the
 
         20       conclusion of the contract is shown on page 20.
 
         21       We are at this point on schedule, and we will be
 
         22       conducting during February -- excuse me --
 
         23       during March our field test, and then the actual
 
         24       administration will occur in January, February
 
         25       of 1998.

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          1            So we are on schedule, things are moving
 
          2       very quickly.  And we will be available at your
 
          3       convenience for further discussion, as might be
 
          4       desirable.
 
          5            Thank you.
 
          6            DR. BEDFORD:  Thank you, Tom.
 
          7            Tom waited to -- and really wanted to get
 
          8       up here with the slides and go about a half
 
          9       hour, but you didn't need that today.
 
         10            So Item 4 is just a presentation for
 
         11       information.
 
         12            Item 5 --
 
         13            GOVERNOR CHILES:  Was there a motion on
 
         14       Item 4?
 
         15            SECRETARY MORTHAM:  Don't need one.
 
         16            COMPTROLLER MILLIGAN:  Un--
 
         17            COMMISSIONER CRAWFORD:  Accepted.
 
         18            GOVERNOR CHILES:  Moved -- yeah.
 
         19            Moved and seconded.
 
         20            Without objection, that's approved then.
 
         21            DR. BEDFORD:  Item 5, adoption of the
 
         22       seventh supplemental authorizing resolution
 
         23       authorizing the issuance of not exceeding a
 
         24       hundred and eighty-nine million eight hundred
 
         25       and forty thousand dollars State of Florida full

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          1       faith and credit State Board of Education
 
          2       Capital Outlay Bonds.
 
          3            SECRETARY MORTHAM:  Move approval.
 
          4            COMPTROLLER MILLIGAN:  Second.
 
          5            GOVERNOR CHILES:  Moved and seconded.
 
          6            Without objection, it's approved.
 
          7            DR. BEDFORD:  Item 6 is an amendment to
 
          8       Rule 6A-4.002, General Provisions.
 
          9            SECRETARY MORTHAM:  Move approval.
 
         10            COMPTROLLER MILLIGAN:  Second.
 
         11            COMMISSIONER CRAWFORD:  Second.
 
         12            GOVERNOR CHILES:  Moved and seconded.
 
         13            Without objection, it's approved.
 
         14            DR. BEDFORD:  Item 7 is an amendment to
 
         15       Rule 6A-4.006.  We wish to withdraw.
 
         16            If we could have a motion to withdraw.
 
         17            SECRETARY MORTHAM:  Move to withdraw.
 
         18            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         19            GOVERNOR CHILES:  Motion and seconded.
 
         20            Without objection, it's withdrawn.
 
         21            DR. BEDFORD:  Item 8 is a new rule,
 
         22       6A-4.01761, we would also like to withdraw this
 
         23       rule.
 
         24            SECRETARY MORTHAM:  Move withdrawal.
 
         25            COMPTROLLER MILLIGAN:  Second.

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          1            GOVERNOR CHILES:  Moved and seconded.
 
          2            Without objection, it's withdrawn.
 
          3            DR. BEDFORD:  Item 9, amendment to
 
          4       Rule 6A-4.035.
 
          5            SECRETARY MORTHAM:  Move approval.
 
          6            GOVERNOR CHILES:  Moved and --
 
          7            COMPTROLLER MILLIGAN:  Second.
 
          8            GOVERNOR CHILES:  -- seconded.
 
          9            Without objection, it's approved.
 
         10            DR. BEDFORD:  Item 10, an amendment to
 
         11       Rule 6A-4.060.
 
         12            SECRETARY MORTHAM:  Move approval.
 
         13            COMMISSIONER CRAWFORD:  Second.
 
         14            GOVERNOR CHILES:  Moved and seconded.
 
         15            Without objection, that's approved.
 
         16            DR. BEDFORD:  Item 11, State Board of
 
         17       Community College amendment to Rule 6A-14.054,
 
         18       Student Fees.
 
         19            SECRETARY MORTHAM:  Move approval.
 
         20            COMMISSIONER CRAWFORD:  Second.
 
         21            GOVERNOR CHILES:  Moved and seconded.
 
         22            Without objection, it's approved.
 
         23            DR. BEDFORD:  Item 12, Community College.
 
         24       Amendment to Rule 6A-14.072.
 
         25            SECRETARY MORTHAM:  Move approval.

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          1            COMMISSIONER CRAWFORD:  Second.
 
          2            GOVERNOR CHILES:  Moved and seconded.
 
          3            Without objection, it's approved.
 
          4            DR. BEDFORD:  Item 13, appointment of
 
          5       Gerald V. Mason to the Chipola Junior College
 
          6       District Board of Trustees.
 
          7            SECRETARY MORTHAM:  Move approval.
 
          8            COMMISSIONER CRAWFORD:  Second.
 
          9            GOVERNOR CHILES:  Moved and seconded.
 
         10            Without objection, it's approved.
 
         11            DR. BEDFORD:  Item 14, appointment of
 
         12       Antoinette L. Goodman to the Pensacola Junior
 
         13       College District Board of Trustees.
 
         14            SECRETARY MORTHAM:  Move approval.
 
         15            COMMISSIONER CRAWFORD:  Second.
 
         16            GOVERNOR CHILES:  Moved and seconded.
 
         17            Without objection, it's approved.
 
         18            DR. BEDFORD:  Item 15, appointment of
 
         19       Maria Shelton and reappointment of James Kirk to
 
         20       the Postsecondary Education Planning Commission.
 
         21            SECRETARY MORTHAM:  Move approval.
 
         22            COMMISSIONER CRAWFORD:  Second.
 
         23            DR. BEDFORD:  Item 16, 17, and --
 
         24            GOVERNOR CHILES:  Approv--
 
         25            Without objection, that's approved.

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                                                              111
 
          1            DR. BEDFORD:  I'm sorry.
 
          2            Items 16, 17, and 18 are good cause items.
 
          3            Item 16, appointment of Martha E. Barrett
 
          4       to the Florida Community College at Jacksonville
 
          5       District Board of Trustees.
 
          6            SECRETARY MORTHAM:  Move approval.
 
          7            COMMISSIONER CRAWFORD:  Second.
 
          8            GOVERNOR CHILES:  Moved and seconded.
 
          9            Without objection, it's approved.
 
         10            DR. BEDFORD:  Item 17, appointment of
 
         11       Peggy J. Brice to the State Board of Community
 
         12       Colleges.
 
         13            SECRETARY MORTHAM:  Move approval.
 
         14            COMMISSIONER CRAWFORD:  Second.
 
         15            GOVERNOR CHILES:  Moved and seconded.
 
         16            Without objection, that's approved.
 
         17            DR. BEDFORD:  Item 18, the appointment of
 
         18       Robert A. Bryan as a member to the Postsecondary
 
         19       Education Planning Commission.
 
         20            SECRETARY MORTHAM:  Move approval.
 
         21            COMMISSIONER CRAWFORD:  And second.
 
         22            GOVERNOR CHILES:  Moved and seconded.
 
         23            Without objection, that's approved.
 
         24            DR. BEDFORD:  Thank you.
 
         25            GOVERNOR CHILES:  All right.

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                                                              112
 
          1            (The State Board of Education Agenda was
 
          2       concluded.)
 
          3                             *
 
          4
 
          5
 
          6
 
          7
 
          8
 
          9
 
         10
 
         11
 
         12
 
         13
 
         14
 
         15
 
         16
 
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         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25

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          1            GOVERNOR CHILES:  Now we'll go back to
 
          2       Trustees.
 
          3            MS. WETHERELL:  Item 1 are minutes.
 
          4            SECRETARY MORTHAM:  Move approval.
 
          5            COMMISSIONER CRAWFORD:  Second.
 
          6            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
          7            GOVERNOR CHILES:  Moved and seconded.
 
          8            Without objection, they're approved.
 
          9            MS. WETHERELL:  Substitute Item 2 is
 
         10       modification of submerged land lease and
 
         11       severance.
 
         12            SECRETARY MORTHAM:  Move approval, subject
 
         13       to special lease conditions.
 
         14            COMMISSIONER CRAWFORD:  Second.
 
         15            GOVERNOR CHILES:  Moved and seconded
 
         16       subject to special lease --
 
         17            Without objection, it's approved.
 
         18            ATTORNEY GENERAL BUTTERWORTH:  Governor, I
 
         19       vote no on this item.
 
         20            GOVERNOR CHILES:  Okay.
 
         21            ATTORNEY GENERAL BUTTERWORTH:  The -- I'm
 
         22       opposed to -- if I could just say a couple words
 
         23       quickly -- that I'm opposed to a 25-year lease
 
         24       in this particular case.
 
         25            I'm also very concerned about what we

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          1       charge for our lease fees.  We contacted the
 
          2       applicant, and he says on average, he'll get
 
          3       about $1,000 per month per vessel, which would
 
          4       be over 50 of them.  These are very, very large
 
          5       vessels.  And that's only a 50 foot one.
 
          6            And we go by there, you'll probably see a
 
          7       lot of 100 foot ones in there, which would
 
          8       probably be double that.
 
          9            We only receive about 7 percent on this, a
 
         10       few cents per foot.  And also, he gets a
 
         11       30 percent discount because it is on a first
 
         12       come, first serve basis.
 
         13            I'm concerned about the whole issue of
 
         14       the -- of what we're charging; and also on the
 
         15       issue of first come, first serve.  And what I'm
 
         16       understanding throughout the state, what first
 
         17       come, first serve means, whoever signs the lease
 
         18       first, not whoever gets their vessel there
 
         19       first.
 
         20            So I think that we should readdress
 
         21       something, and I think that the Secretary is,
 
         22       in fact, readdressing some of these issues.
 
         23            MS. WETHERELL:  Yeah.  Rule 18, 20, and 21
 
         24       are submerged land rules, and they're under
 
         25       review now and under development for revision.

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          1            And so they'll be coming back to you
 
          2       hopefully this year.  Those issues you brought
 
          3       up have been addressed by the Cabinet in the
 
          4       past, and so this is the policy of the Cabinet
 
          5       at this time.
 
          6            On the 7 percent, the rule does provide now
 
          7       that the lease fee shall be 7 percent of the
 
          8       rental value -- rental value from its wet slip
 
          9       rental area, or the base fee, whichever is
 
         10       greater.
 
         11            And the base fee being the -- that the
 
         12       10 cents -- 10.7 cents a square foot.  So at the
 
         13       end of the year, we're able to readjust that.
 
         14       And whichever, you know, is greater is the one
 
         15       that we're able to charge.
 
         16            ATTORNEY GENERAL BUTTERWORTH:  Well, this
 
         17       thing is going to 25 year lease, Governor.  I'm
 
         18       very concerned.  He wants 25 years, not building
 
         19       it all out now, he just wants to reserve it so
 
         20       for the future, he'll be able to do that.  And I
 
         21       have no idea where -- were his competitors
 
         22       contacted, next-door neighbors contacted?  This
 
         23       is a renewal, and not really a new lease.
 
         24            So was anybody even contacted in the area?
 
         25            MS. WETHERELL:  I don't know.

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          1            Jeremy Craft.
 
          2            MR. CRAFT:  Jeremy Craft with DEP.
 
          3            Modifications of leases by rule are not
 
          4       required to be noticed.
 
          5            ATTORNEY GENERAL BUTTERWORTH:  Uh-hum.
 
          6            MR. CRAFT:  But he is fully within the
 
          7       riparian area in front of his property.  No
 
          8       other landowner on either side would have access
 
          9       to that property.
 
         10            ATTORNEY GENERAL BUTTERWORTH:  Okay.
 
         11            MS. WETHERELL:  Thank you.
 
         12            GOVERNOR CHILES:  All right.
 
         13            MS. WETHERELL:  Okay.  I don't think
 
         14       there's been a vote, has there?
 
         15            GOVERNOR CHILES:  That one's been voted on.
 
         16            MS. WETHERELL:  Okay.  We're having trouble
 
         17       with votes today, aren't we?
 
         18            GOVERNOR CHILES:  Yes, ma'am.
 
         19            MS. WETHERELL:  Item 3 is a 50-year
 
         20       easement.
 
         21            SECRETARY MORTHAM:  Move approval.
 
         22            COMMISSIONER CRAWFORD:  Second.
 
         23            GOVERNOR CHILES:  Moved and seconded.
 
         24            Without objection, it's approved.
 
         25            MS. WETHERELL:  Item 4 --

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          1            COMPTROLLER MILLIGAN:  Governor --
 
          2            GOVERNOR CHILES:  Yes, sir.
 
          3            COMPTROLLER MILLIGAN:  -- I might note that
 
          4       I understand that we needed five votes on that
 
          5       particular item, so that was, in fact, not
 
          6       approved on that lease.
 
          7            GOVERNOR CHILES:  Oh, on Item 2?
 
          8            ATTORNEY GENERAL BUTTERWORTH:  I'd like to
 
          9       see them come back, Governor, with a -- not a
 
         10       25-year, but something like -- I think setting a
 
         11       policy for somebody on 25 years is going to be
 
         12       hard for us now to start saying five years on
 
         13       one person, and --
 
         14            COMPTROLLER MILLIGAN:  Well, I have a
 
         15       little problem with addressing what we should be
 
         16       looking at in the future, certainly with this
 
         17       particular issue, with this particular lease
 
         18       request.
 
         19            I agree with you that we should be looking
 
         20       at the policy.  But the existing policy allows
 
         21       for -- for this lease to be approved, and
 
         22       I think we ought to operate under existing
 
         23       policy until we change it.
 
         24            ATTORNEY GENERAL BUTTERWORTH:  Yeah.  And I
 
         25       am, Governor.  I just don't think a 25-year

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          1       lease is --
 
          2            GOVERNOR CHILES:  We -- you know, it's
 
          3       clear we don't have the votes.  And I would just
 
          4       say that I think we'd be better to defer this.
 
          5       And --
 
          6            ATTORNEY GENERAL BUTTERWORTH:  I have no
 
          7       problem doing that.
 
          8            GOVERNOR CHILES:  -- then have some
 
          9       discussion, and --
 
         10            MS. WETHERELL:  Would you be willing -- the
 
         11       applicant is here.  Would you be willing to hear
 
         12       from him for --
 
         13            GOVERNOR CHILES:  I think they might -- if
 
         14       we're going to defer it, they might rather speak
 
         15       when they come -- come back.
 
         16            MS. WETHERELL:  Okay.
 
         17            ATTORNEY GENERAL BUTTERWORTH:  I think he's
 
         18       much better off when there's a couple more votes
 
         19       up here.
 
         20            MS. WETHERELL:  All right.  So we're
 
         21       deferring Substitute Item --
 
         22            GOVERNOR CHILES:  We're deferring it.
 
         23       Yes, ma'am.
 
         24            Without objection.  We're --
 
         25            MS. WETHERELL:  Okay.  Item 3, a 50-year

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          1       easement --
 
          2            GOVERNOR CHILES:  So we're going to show
 
          3       that that vote did not take place; or if it did,
 
          4       it didn't, so we just --
 
          5            ATTORNEY GENERAL BUTTERWORTH:  Yeah.
 
          6            GOVERNOR CHILES:  -- deferred the item.
 
          7            ATTORNEY GENERAL BUTTERWORTH:  Okay.
 
          8            GOVERNOR CHILES:  You'll clean that all up.
 
          9            Thank you.
 
         10            MS. WETHERELL:  Roberts Rules.
 
         11            Item 3, a 50-year easement.
 
         12            GOVERNOR CHILES:  Let's see.  We had a
 
         13       motion and a second on that.
 
         14            COMMISSIONER CRAWFORD:  Right.
 
         15            GOVERNOR CHILES:  Without objection, that's
 
         16       approved.
 
         17            MS. WETHERELL:  Item 4, reaffirmation of
 
         18       the Save Our Coast Priority List and a purchase
 
         19       agreement; an option agreement for
 
         20       Hutchinson Island Green Turtle Beach; and a
 
         21       waiver of survey.
 
         22            SECRETARY MORTHAM:  Move approval.
 
         23            COMMISSIONER CRAWFORD:  Second.
 
         24            GOVERNOR CHILES:  Moved and seconded.
 
         25            Without objection, that's approved.

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          1            MS. WETHERELL:  Item 5 is a purchase
 
          2       agreement for the Department of Agriculture.
 
          3            SECRETARY MORTHAM:  Move approval.
 
          4            COMMISSIONER CRAWFORD:  Second.
 
          5            GOVERNOR CHILES:  Moved and seconded.
 
          6            Without objection, it's approved.
 
          7            MS. WETHERELL:  Item 6, four purchase
 
          8       agreements for Belle Meade CARL project and a
 
          9       waiver of survey.
 
         10            SECRETARY MORTHAM:  Move approval.
 
         11            COMMISSIONER CRAWFORD:  Second.
 
         12            GOVERNOR CHILES:  Moved and seconded.
 
         13            Without objection, it's approved.
 
         14            MS. WETHERELL:  Substitute Item 7,
 
         15       authorization to acquire 50 percent interest in
 
         16       Sebastian Creek from St. Johns Water Management
 
         17       District.
 
         18            SECRETARY MORTHAM:  Move approval.
 
         19            COMMISSIONER CRAWFORD:  Second.
 
         20            GOVERNOR CHILES:  Moved and seconded.
 
         21            Without objection, it's approved.
 
         22            MS. WETHERELL:  Item 8, two option
 
         23       agreements for Florida Keys Ecosystem Project,
 
         24       and designation of the Game and Fish Commission
 
         25       as the managing agency.

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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            MS. WETHERELL:  Substitute Item 9 is
 
          6       authorization to acquire the Etoniah/Cross
 
          7       Florida Greenway project from St. Johns Water
 
          8       Management District.
 
          9            SECRETARY MORTHAM:  Move approval.
 
         10            COMMISSIONER CRAWFORD:  Second.
 
         11            GOVERNOR CHILES:  Moved and seconded.
 
         12            Without objection, it's approved.
 
         13            MS. WETHERELL:  Item 10 is a surplus land
 
         14       sale of four parcels of the Cross Florida
 
         15       Greenways area.
 
         16            SECRETARY MORTHAM:  Move approval.
 
         17            COMMISSIONER CRAWFORD:  Second.
 
         18            GOVERNOR CHILES:  Moved and seconded.
 
         19            Without objection, it's approved.
 
         20            MS. WETHERELL:  And Substitute Item 11 has
 
         21       been voted on.
 
         22            GOVERNOR CHILES:  All right.
 
         23            MS. WETHERELL:  Thank you.
 
         24            GOVERNOR CHILES:  Thank you.
 
         25            COMMISSIONER CRAWFORD:  That's it.

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                                                              122
 
          1            GOVERNOR CHILES:  That's it.
 
          2            (The Board of Trustees of the Internal
 
          3       Improvement Trust Fund Agenda was concluded.)
 
          4                             *
 
          5            (The Cabinet meeting was concluded at
 
          6       12:45 p.m.)
 
          7
 
          8
 
          9
 
         10
 
         11
 
         12
 
         13
 
         14
 
         15
 
         16
 
         17
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25

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                                 October 22, 1996
                                                              123
 
          1                 CERTIFICATE OF REPORTER
 
          2
 
          3
 
          4   STATE OF FLORIDA:
 
          5   COUNTY OF LEON:
 
          6            I, LAURIE L. GILBERT, do hereby certify that
 
          7   the foregoing proceedings were taken before me at the
 
          8   time and place therein designated; that my shorthand
 
          9   notes were thereafter translated; and the foregoing
 
         10   pages numbered 1 through 122 are a true and correct
 
         11   record of the aforesaid proceedings.
 
         12            I FURTHER CERTIFY that I am not a relative,
 
         13   employee, attorney or counsel of any of the parties,
 
         14   nor relative or employee of such attorney or counsel,
 
         15   or financially interested in the foregoing action.
 
         16            DATED THIS 30TH day of OCTOBER, 1996.
 
         17
 
         18
 
         19                           LAURIE L. GILBERT, RPR, CCR
                                      100 Salem Court
         20                           Tallahassee, Florida 32301
                                      (904) 878-2221
         21                           1-800/934-9090
 
         22
 
         23
 
         24
 
         25

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