Cabinet
Affairs |
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4 T H E C A B I N E T
5 S T A T E O F F L O R I D A
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Representing:
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STATE BOARD OF ADMINISTRATION
9 DIVISION OF BOND FINANCE
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
10 DEPARTMENT OF REVENUE
STATE BOARD OF EDUCATION
11 FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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13 _________________________________________________________
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15 The above agencies came to be heard before THE
FLORIDA CABINET, Honorable Chiles presiding, in the Cabinet
16 Meeting Room, LL-03, The Capitol, Tallahassee, Florida, on
Tuesday, August 28, 1997, commencing at approximately 9:47
17 a.m.
18 Reported by:
19 DEBRA R. KRICK
Court Reporter
20 Notary Public in and for
the State of Florida at Large
21 ________________________________________________________
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1 Representing the Florida Cabinet:
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3 LAWTON CHILES
4 Governor
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6 BOB CRAWFORD
7 Commissioner of Agriculture
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9 BOB MILLIGAN
10 Comptroller
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12 SANDRA B. MORTHAM
13 Secretary of State
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15 BOB BUTTERWORTH
16 Attorney General
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18 BILL NELSON
19 Treasurer
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21 FRANK T. BROGAN
22 Commissioner of Education
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1 I N D E X
2 STATE BOARD OF ADMINISTRATION:
3 (Presented by Tom Herndon,
Executive Director)
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ITEM ACTION PAGE
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1 Approved 12
6 2 Approved 12
3 Approved 12
7 4 Approved 13
5 Approved 13
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1 DIVISION OF BOND FINANCE:
2 (Presented by Ben Watkins, III)
3 ITEM ACTION PAGE
1 Approved 14
4 2 Approved 14
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1 FLORIDA LAND AND WATER ADJUDICATORY COMMISSION:
2 (Presented by Robert Bradley)
3 ITEM ACTION PAGE
1 Approved 15
4 2 Approved 15
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1 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES:
2 (Presented by Fred Dickinson)
3 ITEM ACTION PAGE
1 Approved 16
4 2 Approved 16
3 Approved 17
5 4 Approved 17
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DEPARTMENT OF REVENUE:
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(Presented by Larry Fuchs)
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ITEM ACTION PAGE
4 1 Approved 18
2 Approved 18
5 3 Approved 18
4 Approved 19
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STATE BOARD OF EDUCATION:
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(Presented by Robert L. Bedford)
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ITEM ACTION PAGE
4 1 Approved 20
2 Approved 30
5 3 Approved 35
4 Withdrawn 35
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TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND:
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(Presented by Secretary Virginia Wetherell)
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ITEM ACTION PAGE
4 1 Approved 45
2 Approved 45
5 3 Approved 45
4 Approved 46
6 5 Approved 46
6 Approved 52
7 7 Withdrawn 52
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1 P R O C E E D I N G S
2 GOVERNOR CHILES: Good morning.
3 (Invocation by Father Semanhyia J. Boateng-Mensah
4 of Saint Eugene Chapel, and Pledge of Allegiance.)
5 GOVERNOR CHILES: Our next Cabinet meeting will
6 be September the 9th.
7 I need a motion on the Parole Qualifications
8 Committee.
9 ATTORNEY GENERAL BUTTERWORTH: Motion on Parole
10 Qualifications Committee.
11 COMMISSIONER CRAWFORD: Second.
12 GOVERNOR CHILES: All right. We have the staff
13 recommendations and I think everybody has their things
14 in front of them.
15 Moved and seconded; without objection, it is
16 approved.
17 We're going to go a little bit out of order today
18 in a couple of these areas to allow some people to
19 move on to other things.
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1 GOVERNOR CHILES: The State Board of
2 Administration.
3 MR. HERNDON: Item number 1 is the minutes of the
4 meeting held on August 12, 1997.
5 ATTORNEY GENERAL BUTTERWORTH: Move it.
6 TREASURER NELSON: Second.
7 GOVERNOR CHILES: Moved and seconded; without
8 objection, it's approved.
9 MR. HERNDON: Item number 2 is approval of
10 fiscal sufficiency for Florida State Department of
11 Transportation 250-million-dollar Turnpike bond.
12 ATTORNEY GENERAL BUTTERWORTH: Move item 2.
13 TREASURER NELSON: Second.
14 GOVERNOR CHILES: Moved and seconded; without
15 objection.
16 MR. HERNDON: Item number 3 is an interest rate
17 exception for the Housing Finance Authority of Volusia
18 County.
19 COMPTROLLER MILLIGAN: Move item 3.
20 TREASURER NELSON: Second.
21 GOVERNOR CHILES: Moved and seconded; item 3,
22 without objection, it's approved.
23 MR. HERNDON: Item number 4 is an interest rate
24 exception for the Housing Finance Authority of Palm
25 Beach County.
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1 COMPTROLLER MILLIGAN: Move 4.
2 TREASURER NELSON: Second.
3 GOVERNOR CHILES: Moved and seconded; without
4 objection, item 4 is approved.
5 MR. HERNDON: Item number 5, on behalf of the
6 Florida Hurricane Catastrophe Fund, we request your
7 approval to file for adoption Rule 19-8.013.
8 COMPTROLLER MILLIGAN: I move the approval for
9 filing.
10 TREASURER NELSON: Second.
11 GOVERNOR CHILES: Moved and seconded; without
12 objection, it's approved.
13 MR. HERNDON: Item number 2 in that category
14 requests your approval to file for notice Rule
15 19-8.011.
16 COMPTROLLER MILLIGAN: Move approval for filing
17 for notice.
18 TREASURER NELSON: Second.
19 GOVERNOR CHILES: Moved and seconded; without
20 objection, that's approved.
21 MR. HERNDON: That completes the agenda. Thank
22 you, Governor.
23 GOVERNOR CHILES: Thank you, sir.
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1 GOVERNOR CHILES: Division of Bond Finance.
2 MR. WATKINS: Item number 1 is approval of
3 minutes of the August --
4 COMMISSIONER BROGAN: Move the minutes.
5 TREASURER NELSON: Second.
6 GOVERNOR CHILES: Moved and seconded; without
7 objection, it's approved.
8 MR. WATKINS: Item number 2 is a resolution
9 authorizing the issuance and competitive sale of up to
10 $250 million in Department of Transportation Turnpike
11 revenue refunding bonds.
12 COMMISSIONER BROGAN: Move the item.
13 COMPTROLLER MILLIGAN: Second.
14 GOVERNOR CHILES: Moved and seconded; without
15 objection, it's approved.
16 MR. WATKINS: Thank you.
17 GOVERNOR CHILES: Thank you, sir.
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1 GOVERNOR CHILES: Florida Land and Water
2 Adjudicatory Commission.
3 MR. BRADLEY: Item number 1 is request approval
4 of the minutes of the August 12, 1997, Commission
5 meeting.
6 COMMISSIONER BROGAN: Move approval.
7 COMPTROLLER MILLIGAN: Second.
8 GOVERNOR CHILES: Moved and seconded; without
9 objection, it's approved.
10 MR. BRADLEY: Item number 2 is request
11 authorization to enter the draft final order regarding
12 Permit No. 9320004072.
13 COMMISSIONER BROGAN: Move that item.
14 COMPTROLLER MILLIGAN: Second.
15 GOVERNOR CHILES: Moved and seconded; without
16 objection, it's approved.
17 MR. BRADLEY: Thank you.
18 GOVERNOR CHILES: All right.
19 The Department of Highway Safety and Motor
20 Vehicles.
21 MR. BRADLEY: We had a mistake on the minutes.
22 We're going to try to correct it right now, Governor.
23 We'll correct it later, Governor. It was a wrong
24 date. There was a typo on the minutes.
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1 GOVERNOR CHILES: Department of Highway Safety
2 and Motor Vehicles.
3 MR. DICKINSON: Governor, item 1 is approval of
4 the minutes from the last two previous Cabinet
5 meetings.
6 COMMISSIONER BROGAN: Move the minutes, assuming
7 those dates are correct.
8 COMPTROLLER MILLIGAN: Second.
9 GOVERNOR CHILES: Moved and seconded; without
10 objection, it's approved.
11 MR. DICKINSON: Item 2 is recommend approval of
12 the quarterly report from the period ending June,
13 1997.
14 COMMISSIONER BROGAN: Move approval.
15 GOVERNOR CHILES: Moved and seconded; without
16 objection, it's approved.
17 MR. DICKINSON: Item 3 is recommend appointment
18 of the following doctor to a four-year term on the
19 advisory board. It's Tom Dickinson, no relation.
20 He's a doctor in good standing with the Florida
21 Medical Association and the Department of Business and
22 Professional Regulation.
23 GOVERNOR CHILES: Dickinson, we better check
24 that.
25 COMMISSIONER BROGAN: Move item 3 on the
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1 condition that he is not related.
2 GOVERNOR CHILES: Moved and --
3 COMPTROLLER MILLIGAN: Second.
4 GOVERNOR CHILES: Seconded; without objection,
5 it's approved.
6 MR. DICKINSON: Item 4 is a grant for the Florida
7 Highway Patrol to publicize some dissemination of
8 Florida Highway Patrol public service messages to
9 publicize a heightened awareness campaign on safety
10 belts.
11 COMMISSIONER BROGAN: Move approval.
12 COMPTROLLER MILLIGAN: Second.
13 GOVERNOR CHILES: Moved and seconded; without
14 objection, it's approved.
15 MR. DICKINSON: That concludes our agenda. Thank
16 you.
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1 GOVERNOR CHILES: Department of Revenue.
2 MR. FUCHS: Item 1 is a request for approval of
3 the minutes of the June 26, 1997, meeting.
4 TREASURER NELSON: Move.
5 COMMISSIONER BROGAN: Second.
6 GOVERNOR CHILES: Moved and seconded; without
7 objection, it's approved.
8 MR. FUCHS: Item 2 is a request for approval and
9 authority to enter into a contract with the Florida
10 Association of Court Clerks to operate and maintain
11 the automated child support enforcement local entity
12 repository collection systems.
13 COMMISSIONER BROGAN: Move approval.
14 COMPTROLLER MILLIGAN: Second.
15 GOVERNOR CHILES: Moved and seconded; without
16 objection, it's approved.
17 MR. FUCHS: Item 3 is a request for permission to
18 notice amendments to Rule Chapter 12B-4, Florida
19 Administrative Code, relating to documentary stamps.
20 COMMISSIONER BROGAN: Move approval.
21 COMPTROLLER MILLIGAN: Second.
22 GOVERNOR CHILES: Moved and seconded; without
23 objection, it's approved.
24 MR. FUCHS: Item 4 is a similar request for
25 permission to notice amendments to Rule Chapter 12D-7,
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1 12D-8, 12D-10, 12D-13, 12D-16, 12D-18, 12D-51 and
2 12-9, Florida Administrative Code, rules relating to
3 ad valorem taxation.
4 COMMISSIONER BROGAN: Move approval.
5 ATTORNEY GENERAL BUTTERWORTH: And second.
6 GOVERNOR CHILES: Item 4 has been moved and
7 seconded; without objection, it's approved.
8 MR. FUCHS: Thank you.
9 GOVERNOR CHILES: Thank you, sir.
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1 GOVERNOR CHILES: State Board of Education.
2 MR. BEDFORD: Governor Chiles, members of the
3 State Board of Education, good morning.
4 Pay no attention to the sound, I am supposed to
5 stall for a few minutes up here. I thought I'd tell a
6 few jokes, maybe talk about the Florida Gators, do
7 some things like that.
8 GOVERNOR CHILES: That's not a joke.
9 MR. BEDFORD: We have a little problem with our
10 video. When we unplugged it for the picture, it seems
11 to have caused a slight delay.
12 Item 1, quarterly reports for April 1st through
13 June 30, 1997.
14 COMMISSIONER BROGAN: Move approval.
15 COMPTROLLER MILLIGAN: Second.
16 GOVERNOR CHILES: Moved and seconded; without
17 objection, it's approved.
18 MR. BEDFORD: Item 2, the Educational Standards
19 Commission and the Educational Practices Commission
20 Standards for the use of reasonable force by school
21 personnel.
22 I would like to introduce at this time Dr.
23 Charlotte Minnick-Boroto, who will come forward, and
24 while she's coming forward, I think Commissioner
25 Brogan will begin the discussion of this item.
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1 COMMISSIONER BROGAN: Thanks, Bob.
2 Governor and members of the State Board of
3 Education, what we're presenting to you today comes
4 from a recent piece of legislation that is called the
5 Teacher Empowerment Bill. This contained a number of
6 caveats that were all meant to make certain that not
7 only classrooms and campuses were safer places for
8 teachers and children, but to also better support our
9 professional educators in creating that atmosphere.
10 One of the components of the law requires the
11 State to come up with some guidelines on the use of
12 reasonable force by school personnel. We charged two
13 standing groups that are in law to that end, the
14 Florida Education Standards Commission and the Florida
15 Education Practices Commission, who worked jointly on
16 the development of these guidelines.
17 The guidelines are essentially meant to do
18 several things, to clarify the authority of local
19 school personnel and give guidance on appropriate
20 professional conduct by school personnel, but also to
21 see to it that teachers and administrators have a
22 clear expectation as to their role in the use of
23 reasonable force if and when it ever becomes a
24 necessity, and we hope that is never the case for
25 school personnel, but to provide them with a framework
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1 of information and, ultimately, training that they're
2 going to need to better understand when and where
3 reasonable force may be used, how to use that
4 reasonable force, not only to protect themselves and
5 to protect the students with which -- with whom
6 they're intervening, but also other students and their
7 colleagues.
8 The two groups that I mentioned did a wonderful
9 job on a very tricky and delicate issue. There is
10 reason to believe that you can pre-prescribe, if you
11 will, an inordinate number of guidelines,
12 requirements, regulations on the use of reasonable
13 force. But as the group worked, what they've come to
14 realize is that there are no two situations the same
15 in terms of dealing with the student or students and
16 having to apply reasonable force. Each particular
17 instance is separate. It has its own individual
18 components, and by virtue of that fact, it's
19 impossible to write enough rules and regulations and
20 guidelines to protect teachers and to protect
21 students.
22 And they did a wonderful job in putting together
23 information that we think is based largely on common
24 sense, because whenever you're dealing with students
25 in a reasonable force situation, you've got to rely
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1 heavily on not only the common sense, but also the
2 training and the information that have been afforded
3 to those professional educators.
4 But we hope that these guidelines will give a
5 much better profile to our professional educational
6 community, as I mentioned, as to when and where
7 reasonable force might be used and, again, to make
8 certain that we do the very important next step, which
9 is the training that all of our professional educators
10 are going to need.
11 Each school is going to be provided, and I think
12 already has, with a draft version of the video that
13 you're about to see. Thousands and thousands of these
14 pamphlets are being readied for dissemination, all
15 stamped, of course, based on the fact that this Board
16 needs to take action before it becomes a final
17 document. And then we are going to be working with
18 the districts to identify some best practice on the
19 training that will be needed to take this information
20 to the next level and to better educate teachers,
21 administrators, parents and others as to what
22 reasonable force is all about, where it might become
23 appropriate to use and how, indeed, it can be helpful,
24 if needed, to secure a safer and more disciplined
25 environment.
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1 So before I do anything else, I want to applaud
2 the two groups who worked so very hard on this, and
3 they spent a great deal of time putting this package
4 together. And that's the Standards Commission and the
5 Education Practices Commission.
6 And I will now turn it over to the executive
7 director and allow her to share some of the
8 information with you.
9 MS. MINNICK-BOROTO: Good morning, Governor
10 Chiles and members of the Cabinet. I am Charlotte
11 Minnick- Boroto, director of the Education Standards
12 Commission.
13 I'd like to introduce the new director of the
14 Education Practices Commission, and that's Kathleen
15 Richards. Kathleen is sitting right here.
16 And also I'd like to introduce Niji Odutola. He
17 is my assistant with the Standards Commission.
18 COMMISSIONER BROGAN: I see you back there,
19 Niji.
20 MS. MINNICK-BOROTO: He is here.
21 On behalf of our members, we're here today to
22 bring you their recommendations on the use of
23 reasonable force for school personnel. This indeed
24 was a joint effort by both Commissions. We worked
25 together from the beginning to the very, very end of
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1 this; we met together, and I'd like to point out to
2 you that there was unanimous agreement on the
3 recommendations that you have before you today.
4 Your staff has received copies of the report and
5 the brochure, and I think you have also -- and in
6 addition to that, we would like to share with you our
7 legislative directive, our methodology and more
8 details about the guidelines through a video, and then
9 will be available for questions following that.
10 So I believe --
11 COMMISSIONER BROGAN: I should make mention as
12 she is turning on this video that I asked them to
13 fast-forward over my two-minute preamble. I knew
14 you'd appreciate that. And so instead, we're going to
15 have some words from Secretary of State Sandy Mortham.
16 (Video playing.)
17 MR. BEDFORD: Charlotte is available if you have
18 any questions.
19 GOVERNOR CHILES: Yes, sir?
20 TREASURER NELSON: Does that mean spanking is
21 allowed?
22 MS. MINNICK-BOROTO: No, it does not.
23 TREASURER NELSON: Why doesn't it?
24 MS. MINNICK-BOROTO: Let me point out that it in
25 no way signifies that corporal punishment -- this is
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1 not correlated with corporal punishment.
2 What it means is that teachers should be trained
3 to have a variety of management of conduct
4 alternatives to use. And if it is necessary, if there
5 is physical danger that would potentially harm the
6 student themselves, other students or the teachers,
7 they may use physical force. It is intended to be
8 nonviolent physical force, and there are trainings
9 that help teachers to learn techniques for nonviolent
10 physical force.
11 It is not supposed to be cruel and unusual and
12 excessive. It does not mean putting tape over a
13 child's mouth, stuffing paper in their mouth,
14 slapping, spanking.
15 COMMISSIONER BROGAN: I was watching the news
16 this morning before I left home, and the local news
17 had a little bit -- kind of a tickler on this issue.
18 And the newscaster, who was getting ready to cut away
19 for a commercial, said, "And we'll be back to let you
20 know more about how now teachers will be using force
21 in Florida's classrooms." And I knew there were
22 parents all over the state of Florida who felt
23 taekwondo was now going to be the art form that we
24 were going to use in force classes.
25 We expect very little to change to the negative
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1 side, if any. More, we expect, as I said to some of
2 the media out front earlier, hopefully with more
3 training that we do on this, even less confrontation
4 of a physical night, because a big part of the
5 training is going to be directed at how to, as
6 Charlotte mentioned, defuse the situation before it
7 escalates into a teacher or administrator having to
8 use physical force.
9 But it still is very important that if and when
10 that occasion arises, and, very sadly, it always has
11 and always will, even a little more in the future
12 based on some of the societal problems we're seeing,
13 we want our teachers to feel supported.
14 Commissioner Nelson and I looked at each other
15 when the mother, I think, said it best, it's ludicrous
16 to imagine that an administrator or a teacher can't be
17 afforded the support to do what they have to do to
18 provide a safe and disciplined learning environment.
19 That's what this is about.
20 GOVERNOR CHILES: I like very much the term
21 "nonviolent physical force." I don't understand it,
22 but I like it very much.
23 MS. MINNICK-BOROTO: Well --
24 GOVERNOR CHILES: What is it?
25 MS. MINNICK-BOROTO: -- believe it or not --
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1 GOVERNOR CHILES: I would like to think that's
2 what I gave my children at times, but they would not
3 agree, I don't think.
4 MS. MINNICK-BOROTO: That's true. Mine probably
5 wouldn't, either.
6 There are alternatives that should be used prior
7 to any use of physical force. Those include verbal
8 desists. I will give you an example. If somebody is
9 tapping a pencil on a table, that's really a
10 disruption. And I would say, "Stop tapping that
11 pencil." If someone throws that pencil, there may be
12 another form of desist that's used, taking away the
13 pencil, talking to the child.
14 If someone starts poking that pencil in someone's
15 eye, a student's eye, then the teacher would have been
16 trained, and these are -- I don't want to use police
17 terms, but exceptional student education teachers now
18 get training in techniques that they can use that are
19 not techniques that are choking or grabbing someone's
20 arms so that there are bruises, but learn how to, for
21 instance, if you have to, to take a child's arms in
22 back of them, get them under control. But there is no
23 hitting, there is no bruising, there is no throwing
24 into the wall, throwing into the window.
25 There are variables that have to be looked at,
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1 and that's the size of the student, the size of the
2 teacher, the potential danger, if there is assistance
3 available from other folks in the school. And so
4 there are techniques, and they are trained, especially
5 in this particular training package that's offered for
6 exceptional student education teachers.
7 There are teachers now out there who have had
8 this training, and there are systems set up at schools
9 so there are teams of teachers that will be called to
10 help in an instance where something might arise.
11 GOVERNOR CHILES: Mr. Commissioner, the Attorney
12 General and I would like to ask you whether in the
13 money that we won in the tobacco suit that you intend
14 to use for education, is there any plan to order any
15 weapons?
16 COMMISSIONER BROGAN: We think this particular
17 program can be funded with approximately $4.6 billion
18 of the settlement money, Governor.
19 MR. BEDFORD: Oh, dear.
20 GOVERNOR CHILES: Are there further questions?
21 Thank you very much.
22 MR. BEDFORD: Thank you, Charlotte.
23 ATTORNEY GENERAL BUTTERWORTH: We still have
24 $7 billion left over.
25 MR. BEDFORD: That's my next item.
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1 I believe that it does take a vote of approval,
2 if you would.
3 COMMISSIONER BROGAN: Yes. And I'd like to offer
4 the motion, and again, congratulate all the people who
5 worked so hard on this, Governor.
6 COMMISSIONER CRAWFORD: Second.
7 GOVERNOR CHILES: Moved and seconded; without
8 objection, it's agreed to.
9 That was a difficult task, and I think it was--
10 COMMISSIONER BROGAN: Perhaps a cash stipend to
11 each of the member of the group of a million dollars
12 of the settlement money?
13 ATTORNEY GENERAL BUTTERWORTH: That's just one
14 day's interest.
15 MR. BEDFORD: Item 3, Florida System of School
16 Improvement and Accountability, Revised. We come
17 before you yearly with this item.
18 At this time, I'd like to bring forward Senator
19 Phil Lewis, and with Phil Lewis, we have Dr. Lee
20 Baldwin from Orange County, who is an assessment
21 expert. And these gentlemen are members of the
22 Accountability Commission, and they are here to
23 present the item.
24 COMMISSIONER BROGAN: Much like the swallows
25 returning to Capistrano, Senator Lewis.
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1 SENATOR LEWIS: I was sort of disappointed. I
2 didn't know you could speak for only two minutes. I
3 thought you put that --
4 COMMISSIONER BROGAN: It's the power of video.
5 SENATOR LEWIS: Governor and distinguished
6 members of the Cabinet, we have our annual report to
7 make to you. This is our sixth appearance on the
8 Florida System of School Improvement Accountability.
9 It's not that we can't get it right. It's just that
10 Florida statutes require the Commission to review and
11 revise the document annually.
12 The system has been developed and now is being
13 implemented by the Department of Education, and I
14 believe it's under implementation in every county.
15 There are some counties who have sort of run away
16 with the program and implemented it more than others,
17 I'd say Pinellas, Orange, maybe St. Johns, and others.
18 And it's obvious in Pinellas, the reading scores
19 have gone up, and I think it's now beginning to take
20 effect. And you all know about the Sunshine
21 Standards, they are implemented.
22 The major change in this document is the result
23 of legislation passed in the 1997 session. Many of
24 the legislative changes were supported by the
25 Commission over the last several years.
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1 Two -- or three of these changes are, the
2 allocation of $10 per student for school advisory
3 councils to spend on the implementation of the school
4 improvement plan; the next one would be the
5 requirement that majority members of the School
6 Advisory Committee must be persons not employed by the
7 School Board; and then the requirement for algebra and
8 the passage of a 2.0 average in your school is
9 required.
10 Those are all implemented now and hopefully are
11 going to make a dramatic change in the education of
12 people in Florida.
13 The Commission is recommending the addition of an
14 attendance goal and the Goal 8 indicator. This will
15 require a change in the State Board rule, which we've
16 talked to you about.
17 Several definitions have been added to the
18 glossary. We've tried -- even those of us who are
19 very familiar with the definitions, we felt as though
20 a glossary was needed in that document every year, and
21 we've put it in there.
22 Appendix 1 has been revised due to the
23 legislative changes in the waiver process. The
24 Commissioner of Education now has the authority to
25 waive Chapters 230 through 239, with the exception of
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1 civil rights, health, safety and welfare requirements,
2 election compensation, organization of School Board
3 members and superintendents, graduation standards and
4 accountability standards. The public meeting records,
5 public records will be open, as we all know that that
6 would be a mortal sin. I just threw that in.
7 And due process hearings.
8 The Commissioner has been very prudent in how he
9 has waived those in the waiver process. And keep up
10 the good work, Commissioner.
11 The Department is translating the document that
12 you have into Spanish, and the Department will print
13 and disseminate the document to the schools and school
14 districts.
15 And Dr. Baldwin, do you have anything to add to
16 that?
17 DR. BALDWIN: No, sir. You're a tough act to
18 follow.
19 SENATOR LEWIS: Good.
20 COMMISSIONER BROGAN: Governor, as always, I want
21 to thank Lee for being here, and I want to thank
22 Senator Lewis, who is sort of the champion of
23 volunteers in the state of Florida. He has, as you
24 know, not only been on the Accountability Commission
25 and served as our chief administrator, if you will, of
33
1 that organization for many years, I think since its
2 inception, he also is on the State Board of Regents
3 and is a member of the Governor's Commission on
4 Education. So he is well-versed in the intricacies of
5 all of these issues, and we appreciate his leadership
6 as always, as we do the members of the Accountability
7 Commission.
8 We thank you very much, Senator, for, as always,
9 the work you do, and the members of the group.
10 SENATOR LEWIS: Thank you, Commissioner.
11 COMMISSIONER BROGAN: And I would move the item.
12 SENATOR LEWIS: We have also been appointed --
13 we're down to almost our last staff, Sarah Esner back
14 here, please stand and be recognized.
15 And for those of you who don't know, Dr. Michael
16 Biance has gone over to the University, FSU, and is
17 working in that Department. I think he is going to
18 have his first class tonight.
19 And, of course, in all joking, I teased him, I
20 said, the quality and educational capacity of the
21 Accountability Commission has gone up proportionately
22 since he's now over at FSU. We're going to miss him.
23 GOVERNOR CHILES: He did a great job for us.
24 SENATOR LEWIS: He did a very, very great job for
25 us.
34
1 GOVERNOR CHILES: We will miss him, but we
2 congratulate him.
3 SENATOR LEWIS: No other questions?
4 COMMISSIONER BROGAN: And we have a search
5 underway, as a matter of fact, Governor and members of
6 the State Board of Education, for a replacement for
7 Mike. And he did do a wonderful job, and we're lucky
8 to have him over at FSU, and he'll continue to be a
9 good partner for us.
10 So I move the item.
11 ATTORNEY GENERAL BUTTERWORTH: Second.
12 GOVERNOR CHILES: Moved and seconded; without
13 objection, the item is approved.
14 MR. BEDFORD: Item 4 is an amendment to Rule
15 6A-4.003. We request permission to withdraw.
16 COMMISSIONER BROGAN: Move the item be withdrawn.
17 ATTORNEY GENERAL BUTTERWORTH: Second.
18 GOVERNOR CHILES: Moved and seconded; without
19 objection, it's withdrawn.
20 MR. BEDFORD: Thank you.
21
22
23
24
25
35
1 GOVERNOR CHILES: Trustees of the Internal
2 Improvement Fund.
3 COMMISSIONER BROGAN: Governor, before we get to
4 the first item on this, while the Secretary is making
5 her way to the podium, would you mind if I ask a
6 question of the Secretary?
7 GOVERNOR CHILES: Go right ahead.
8 COMMISSIONER BROGAN: Just very quickly -- before
9 I do that, I want to commend you on your leadership in
10 working with the Land Acquisition and Management
11 Committee. I think y'all have done a wonderful job.
12 And I know you are working toward some ultimate
13 recommendations, I think, as early as October on some
14 of the P-2000 issues. And since that particular
15 program, I guess, is now on the downslope as far as
16 acquisition and some of the important issues, I guess
17 what I wanted to ask the Secretary is, could you kind
18 of give us an idea of what sorts of recommendations
19 you've given to that needs and priorities group as
20 they work toward looking at further acquisition in
21 terms of what we have left to acquire as well as some
22 of the management issues?
23 I know that in trying to make some of these
24 P-2000 deals that we do out there, we've had some
25 people who have been a little more willing to settle
36
1 than others, and know that with the amount of money we
2 have left, it might lend a little urgency to some of
3 those unwilling sellers or at least those who are
4 willing to sell at too high a price to maybe
5 reconsider. Are we prioritizing what we believe are
6 some of the major acquisitions we need to make as a
7 state with what we have left available and then manage
8 the total package?
9 SECRETARY WETHERELL: Yes. Thank you.
10 It is year, going into year 8 of the 10-year
11 P-2000 program. And I guess it was about this time
12 last year that the Governor and I talked about how do
13 we bring a logical conclusion to this program? You
14 know, there needs to be a logical conclusion to it,
15 and the Legislature this year addressed it and
16 directed the land management agencies to come
17 together. And through this process we have the CARL
18 Committee, it's called LAMAC now, and to try to find a
19 logical way to bring closure to P-2000.
20 So this report that we're now directed by the
21 Legislature to bring to them in October should provide
22 that, and so the Department put together a
23 methodology, if you would, a framework for discussion
24 about how we bring closure to P-2000, and then what
25 should be next, if anything.
37
1 And as part of that, Commissioner, we need to
2 look at the -- what's left on the list, what are the
3 priorities, what particular parcels really need to be
4 purchased in order to make sense out of, you know,
5 what we've already purchased, what consideration
6 should we give to new things that want to be put on
7 the list, you know, with really three bond issues
8 left. And that's what we have left. You know, how
9 are we going to logically wrap this program up? What
10 kinds of less-than-fee projects, you know, should we
11 pursue, which ones, those kinds of things, what kind
12 of historical archaeological projects, you know, need
13 to be pursued, and on and on and on, with a goal of
14 trying to address all the facets of the P-2000 program
15 so that we accomplish its mission by the time we wrap
16 up, and then also to have some discussion about what
17 should be next.
18 COMMISSIONER BROGAN: And would that -- is that
19 meant to come as early as October, I understand?
20 SECRETARY WETHERELL: The report is due in
21 October to the Legislature.
22 COMMISSIONER BROGAN: All right.
23 SECRETARY WETHERELL: Thank you, and I appreciate
24 your interest in it very much.
25 COMMISSIONER BROGAN: Thanks, Governor.
38
1 SECRETARY WETHERELL: Thank you.
2 GOVERNOR CHILES: Thank you.
3 SECRETARY WETHERELL: All right. Item 1 is a
4 disclaimer.
5 COMMISSIONER BROGAN: Move approval.
6 ATTORNEY GENERAL BUTTERWORTH: Second.
7 GOVERNOR CHILES: Moved and seconded --
8 TREASURER NELSON: Governor, I've got a question,
9 if I may.
10 GOVERNOR CHILES: Yes, sir.
11 TREASURER NELSON: Madam Secretary, may I direct
12 my question to someone in your legal department?
13 SECRETARY WETHERELL: Sure. On this item?
14 TREASURER NELSON: Yes, ma'am.
15 SECRETARY WETHERELL: Okay. John Costigan.
16 TREASURER NELSON: I'm in favor of issuing this
17 disclaimer, but when I started getting into it and
18 figuring out what had happened here, I had a question
19 about the dock that was built on the lands of the
20 State of Florida that apparently did not have a lease,
21 and so if, in fact, that is the case, it's there
22 illegally. This is an issue separate and apart from
23 the issue of the disclaimer.
24 So what -- why don't you tell me about that?
25 MR. COSTIGAN: I think first I would direct it to
39
1 Pete Mallison, who is more familiar with the history
2 of this, and can explain the dock.
3 TREASURER NELSON: Okay.
4 MR. COSTIGAN: Thank you.
5 MR. MALLISON: Good morning.
6 I think that the history may help explain a
7 little bit of this, Mr. Nelson. The property that
8 preexisted the dock and the structure that is there
9 today has been there for a long time. And sometime
10 back in, I think it was about 1994, the Department
11 became aware that the structure was there without
12 benefit of a lease or a registered grandfathered
13 facility or anything like that. We contacted the
14 owner at that time, and we were working with the owner
15 towards developing a temporary use agreement, I think,
16 at that time, and we were -- they were going to bring
17 the structure under lease.
18 At the same time, they were looking at the
19 portion of the structure that you have before you
20 today, which was eligible for a disclaimer, and they
21 were pursuing the disclaimer portion of that as well.
22 Then what happened was that the hurricane came
23 along and basically destroyed all the structures that
24 were out there, or substantially damaged them, and
25 they were issued, as I understand it, an emergency
40
1 permit to proceed to reconstruct the facilities that
2 were out there.
3 We have been working with them towards getting
4 the portion of the structure that was subject to the
5 disclaimer resolved in anticipation of having the
6 lease portion -- we needed to come to some conclusion,
7 if you will, on the disclaimer portion of it, which
8 will then allow us to determine the remainder that
9 will be subject to the lease.
10 So we have an agreement; it is not written, but
11 we do have an agreement with the owner, and the
12 owner's representative is here if you care to ask him
13 about it, under which once the disclaimer has been
14 finalized that the lease will be finalized, they will
15 pay the retroactive lease fees that would be otherwise
16 due, and we will be all squared away, if you will.
17 TREASURER NELSON: All right. Let me see if I
18 understand what you just said.
19 On this survey that I have here, I am told that a
20 dock was constructed without a lease. The square
21 footage area of the dock is equal to the amount that
22 we are going to issue in the disclaimer. So we have,
23 again, an area that was built without a lease over the
24 sovereign lands equal to what we're going to disclaim
25 today.
41
1 So the question is, if that is illegally put
2 there, why? And what does the Department intend to do
3 about that?
4 MR. MALLISON: I guess that I -- the only answer
5 I can give you, sir, is that this was one of those
6 that kind of got caught in the transition between the
7 process that we used to use before the merger and the
8 process that we use after the merger. And to further
9 complicate that, you have the hurricane that came in
10 and destroyed the structure, and furthermore, you have
11 the disclaimer, which is something that would not
12 normally be involved in this.
13 The -- as I mentioned, there was a dock there
14 prior to the hurricane, and we were in the process of
15 resolving that with the applicant when the -- both --
16 the two complicating issues, which, again, were the
17 hurricane and disclaimer, sort of came in between.
18 There were -- the applicant did apply for permits
19 to do the construction, and so the structure was
20 permitted through the permitting process. But you are
21 correct that there is not currently a lease on the
22 structure, although the applicant understands that
23 once the disclaimer is completed and the lease file is
24 completed, that they will owe us leases in arrears, if
25 you will, back to the appropriate time.
42
1 TREASURER NELSON: Is it the intention of the
2 Department to grant the lease for the dock?
3 MR. MALLISON: I can't answer that, because I do
4 not do that anymore, that is done through the field
5 office, and I frankly can't answer that. I don't know
6 whether the applicant's agent could respond to that or
7 not.
8 TREASURER NELSON: Was the dock built illegally,
9 without a permit?
10 MR. MALLISON: No, sir. There was a permit.
11 TREASURER NELSON: There was a permit for this
12 entire shaded area?
13 MR. MALLISON: That's my understanding.
14 TREASURER NELSON: Would you take a look at this
15 and tell me?
16 MR. MALLISON: Yes, sir. My understanding -- and
17 the applicant, again, their agent is here -- is that
18 there is a permit, and I believe it has a permit
19 number and all of that.
20 MR. DANSER: Yes, sir.
21 Russ Danser, representing the applicant.
22 The applicant did obtain a federal and state
23 permit for the docking structure and the work being
24 done on the boathouse. They are permitted, yes, sir.
25 And there was some confusion -- maybe I can help
43
1 you a little bit on your question. Pete, there was
2 some confusion as to exactly what was to be disclaimed
3 versus what was not to be disclaimed and put under a
4 lease. That's because of the quality of the
5 photographs that were used to interpret what, in fact,
6 existed prior to 1957 were of very poor quality.
7 Obviously, from the photographs and from
8 statements made by people who had personal knowledge,
9 and through affidavits, of what existed there prior to
10 the 1950s, there was a docking structure there. We
11 just -- I was never comfortable with stating to Pete
12 that, in fact, this square footage and so forth and so
13 on, this design was there, although the aerial photo
14 showed something.
15 So there's been a continuing ongoing negotiation,
16 you might say, as to what would qualify for disclaimer
17 versus what should be put under lease. So the
18 applicant, the current owner, has agreed that the only
19 thing that he would seek a disclaimer for is strictly
20 the boathouse, which clearly shows in all the
21 photographs that we have, historic photographs, and he
22 would forget about the dock.
23 COMMISSIONER NELSON: I don't have any problem
24 with the disclaimer. I was just raising the question
25 of whether or not there was a permit. You said there
44
1 was a permit?
2 MR. DANSER: Yes, sir. We have federal and state
3 permits for all the docking facilities that are out
4 there.
5 TREASURER NELSON: Thank you.
6 MR. DANSER: Thank you very much.
7 GOVERNOR CHILES: Further questions?
8 It has been moved and seconded. Without
9 objection, it's adopted.
10 SECRETARY WETHERELL: Item 2 is a land exchange.
11 COMMISSIONER BROGAN: Move the item.
12 COMMISSIONER CRAWFORD: Second.
13 GOVERNOR CHILES: Moved and seconded; without
14 objection, approved.
15 SECRETARY WETHERELL: Item 3 is an option
16 agreement for the CARL project and a waiver of survey.
17 COMMISSIONER BROGAN: Move approval.
18 COMMISSIONER CRAWFORD: Second.
19 GOVERNOR CHILES: Moved and seconded; without
20 objection.
21 SECRETARY WETHERELL: Item 4 is assignment of
22 option agreement for Lake Wales Ridge and a waiver of
23 the appraisal requirements and a waiver of survey.
24 COMMISSIONER BROGAN: Move approval.
25 COMMISSIONER CRAWFORD: Second.
45
1 GOVERNOR CHILES: Moved and seconded; without
2 objection, it's approved.
3 SECRETARY WETHERELL: Item 5 is an option
4 agreement for Triple M Ranch Wildlife Management Area.
5 COMMISSIONER BROGAN: Move approval.
6 COMMISSIONER CRAWFORD: Second.
7 GOVERNOR CHILES: Moved and seconded; without
8 objection, it's approved.
9 SECRETARY WETHERELL: Item 6 is a settlement
10 agreement, and we have one speaker who has traveled up
11 from Collier County who would like to address you and
12 represents a number of groups in that area, David
13 Guggenheim.
14 MR. GUGGENHEIM: Good morning. Thank you for the
15 opportunity to speak this morning. I'm David
16 Guggenheim, President and CEO of the Conservancy of
17 Southwest Florida. The Conservancy of Southwest
18 Florida is a leading conservation organization,
19 located in Naples. And I speak to you on behalf of
20 our 5,300 members, more than 640 volunteers, and our
21 32-member board.
22 First, I'd like to acknowledge the State's
23 leadership and dedication to protecting and sustaining
24 its natural environment and really all the hard work
25 that goes along with that.
46
1 This morning, I'm very pleased to express our
2 strong support of the proposed settlement for South
3 Golden Gate Estates. This year has been a year of
4 real progress for South Golden Gate Estates
5 acquisition. We've seen unprecedented unity and
6 cooperation among the environmental organizations,
7 landowners and the State.
8 We have worked successfully to build support of
9 our local government for this program, and this year,
10 thanks to the dedication and hard work of the State
11 DEP, Secretary Wetherell, Kirby Green, Pete Mallison,
12 Mike Ashey, the Division of State Lands, we have a
13 new, focused, results-oriented management plan with
14 specific achievable targets, and we are on target.
15 This year also, Al Gore came to south Florida and
16 he showed us the money, the money for South Golden
17 Gate Estates' acquisition. And equally important, he
18 recognized the Estates and southwest Florida as part
19 of the Everglades and reaffirmed the administration's
20 commitment to its restoration.
21 And now before us is a real breakthrough in a
22 longstanding lawsuit, and this breakthrough promises
23 once and for all to break the logjam for acquisition.
24 So we support the proposed settlement. It offers
25 a common sense, balanced solution. It is responsive
47
1 to the needs of the landowners and the taxpayers and
2 the environment. It allows us to move forward
3 rapidly; and frankly, it represents our best hope to
4 get South Golden Gate Estates' acquisition behind us
5 once and for all.
6 I'm also pleased this morning to offer support on
7 behalf of the Florida Wildlife Federation and the
8 Collier County Audubon Society, both of whom support
9 this proposed settlement. And I believe you've
10 received a letter from the Florida Wildlife
11 Federation.
12 The Conservancy of Southwest Florida has assisted
13 the State for many years in the acquisition process,
14 both for South Golden Gate Estates and other
15 acquisition programs, and we stand committed to seeing
16 this process through, offering our partnership to help
17 however we can through our land acquisition staff, our
18 technical expertise serving as your eyes and ears on
19 the ground in southwest Florida, to help build public
20 support and help administer public education about
21 these important programs.
22 And I think it's also important as we wade
23 through piles of legal documents not to lose
24 perspective on what it is we're doing here. South
25 Golden Gate Estates, along with the Fakahatchee and
48
1 Belle Mead properties, are headwaters to 10,000
2 Islands, Rookery Bay and other delicate coastal marine
3 systems down there. The alteration of the natural
4 sheet flow is having serious impacts on those delicate
5 estuarine areas. Some areas are starved for fresh
6 water, others are inundated with fresh water, due to
7 the canal systems. Every day that goes by without
8 restoration, these areas are suffering, and more
9 damage is being done.
10 It's also important to maintain perspective that
11 without -- without this program, South Golden Gate
12 Estates could have been part of the largest
13 subdivision in the world, and if developed as platted,
14 would double the population of Collier County, just
15 like that.
16 Once restored, however, we have a valuable and
17 beautiful resource that our children and we can enjoy
18 as Picayune Strand State Forest.
19 And finally, I'd just like to acknowledge the
20 exemplary efforts of all parties to get this
21 settlement achieved that will help make this vision a
22 reality.
23 And on behalf of the Conservancy and, really, the
24 entire environmental community of southwest Florida, I
25 respectfully urge you to approve this proposed
49
1 settlement. And I thank you again for --
2 GOVERNOR CHILES: I want to thank you very, very
3 much for taking the time to come up here and make this
4 statement.
5 Generally, you know, once something is done and
6 it pleases somebody, you usually don't hear from them.
7 You always hear from people who are not pleased.
8 On behalf of all of the employees of the
9 Department of Environmental Protection and all of the
10 management and all of the other people, this is a
11 wonderful statement that you've made. It says
12 something to them for all of the work that they have
13 been trying to do, especially as we have been trying
14 to develop eco- and management systems as opposed to
15 one by one trying to police somebody and through
16 paperwork or endless rules and regulations trying to
17 stop something that when anybody had the money they
18 probably could make happen anyway, but in that change,
19 in that culture, to make that change, an awful lot of
20 people misunderstood or seemed to and thought that,
21 you know, we had lost our focus on trying to protect
22 the environment. I think the very things that you
23 said here demonstrate what Florida can hope to
24 accomplish with an eco-management system targeted and
25 knowing exactly what the bottom line that we're
50
1 looking for, and then trying to find all of the ways
2 that you can make a win-win situation or that you can
3 include the parties to make something like this
4 happen.
5 As you know in this settlement, itself, all of us
6 are not pleased, that there's probably going to be a
7 little profiteering out of this. Wish it wouldn't
8 happen.
9 But, on the other hand, to try to say that it had
10 to be perfect and not get it again is something that
11 we decided you have to go for what is the art of the
12 possible. You have to try to put an agreement
13 together. And the recognition that your group has
14 made in this, and I hope the other environmental
15 groups are listening a little bit, shows that as we
16 work together, it is unlimited what we can do.
17 And thank you very, very much for recognizing the
18 motivation, the hard work, the competency and
19 capabilities of our professional and state people who
20 have worked so hard on this. It will do an awful lot
21 to boost their morale, I can tell you, and make them
22 work even harder in the future.
23 MR. DANSER: Thank you very much.
24 COMMISSIONER BROGAN: With that, Governor, I
25 would move the item.
51
1 COMMISSIONER CRAWFORD: Second.
2 GOVERNOR CHILES: Moved and seconded; without
3 objection, it's approved.
4 SECRETARY WETHERELL: Thank you very much.
5 Second substitute item 7, we're asking for
6 withdrawal because of JAPC's concerns at this point.
7 COMMISSIONER CRAWFORD: Move withdrawal.
8 COMMISSIONER BROGAN: Is that a deferral?
9 SECRETARY WETHERELL: Withdrawal.
10 COMMISSIONER BROGAN: Second.
11 GOVERNOR CHILES: Motion to withdraw? Second?
12 Without objection.
13 SECRETARY WETHERELL: Thank you.
14 COMMISSIONER BROGAN: Governor, before we -- I'm
15 sorry, Secretary, are you finished?
16 SECRETARY WETHERELL: Yes, I'm through with this
17 agenda. Thank you.
18 COMMISSIONER BROGAN: Okay. I just wanted to,
19 before we break, we have all teased about the
20 $11.3 billion, but I do want to commend both you and
21 certainly General Butterworth, you know, it has been
22 something to watch. And I know both of you are now
23 frequent fliers officially. I think the General has
24 logged enough miles to join the space shuttle crew,
25 but it is -- you're to be applauded. You've worked
52
1 very hard on something you've wanted very badly for a
2 very long time for the people, and we thank you for
3 what you do.
4 And let me be the first to say that it has never
5 been our belief that that money needs to be sucked
6 into anything. The Governor's statements today, I
7 think, are very important that this absolutely can be
8 a win-win for the boys and girls of the state of
9 Florida. And I've heard the General say as well, and
10 I agree, we don't have it yet, so we need to continue
11 to make certain that we do before we start putting it
12 in pigeonholes.
13 But I do want to congratulate both of you on your
14 hard work. You're to be applauded for what you've
15 done.
16 GOVERNOR CHILES: Thank you.
17 (Whereupon, the proceedings were concluded at
18 11:05 a.m.)
19
20
21
22
23
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53
1 C E R T I F I C A T E
2 STATE OF FLORIDA )
3 COUNTY OF LEON )
4 I, DEBRA ROTRUCK KRICK, Court Reporter at
5 Tallahassee, Florida, do hereby certify as follows:
6 THAT I correctly reported in shorthand the
7 foregoing proceedings at the time and place stated in the
8 caption hereof;
9 THAT I later reduced the shorthand notes to
10 typewriting, or under my supervision, and that the
11 foregoing pages 10 through 52 represent a true, correct,
12 and complete transcript of said proceedings;
13 And I further certify that I am not of kin or
14 counsel to the parties in the case; am not in the regular
15 employ of counsel for any of said parties; nor am I in
16 anywise interested in the result of said case.
17 Dated this 8th day of September, 1997.
18
19
20
21 __________________________
22 DEBRA ROTRUCK KRICK
23 Court Reporter
24
25
