|
|
Cabinet
Affairs |
|
|
  |
|
|||||
|
1
2 T H E C A B I N E T
3 S T A T E O F F L O R I D A
4 Representing: 5 VOTE ON EXECUTIVE DIRECTORS' PAY RAISES 6 NOMINATION OF CITY OF MIAMI DOWNTOWN DEVELOPMENT AUTHORITY 7 STATE BOARD OF ADMINISTRATION DIVISION OF BOND FINANCE 8 DEPARTMENT OF LAW ENFORCEMENT DEPARTMENT OF REVENUE 9 STATE BOARD OF EDUCATION ADMINISTRATION COMMISSION 10 MARINE FISHERIES COMMISSION BOARD OF TRUSTEES, INTERNAL IMPROVEMENT TRUST FUND 11
12 The above agencies came to be heard before THE FLORIDA CABINET, Honorable Governor Chiles 13 presiding, in the Cabinet Meeting Room, LL-03, The Capitol, Tallahassee, Florida, on Wednesday, 14 January 21, 1998, commencing at approximately 10:31 a.m. 15
16 Reported by:
17 LAURIE L. GILBERT Registered Professional Reporter 18 Certified Court Reporter Certified Realtime Reporter 19 Notary Public in and for the State of Florida at Large 20
21
22
23 ACCURATE STENOTYPE REPORTERS, INC. 100 SALEM COURT 24 TALLAHASSEE, FLORIDA 32301 850/878-2221 25
2
1 APPEARANCES:
2 Representing the Florida Cabinet:
3 LAWTON CHILES Governor 4 BOB CRAWFORD 5 Commissioner of Agriculture
6 BOB MILLIGAN Comptroller 7 SANDRA B. MORTHAM 8 Secretary of State
9 BOB BUTTERWORTH Attorney General 10 BILL NELSON 11 Treasurer
12 FRANK T. BROGAN Commissioner of Education 13 * 14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
January 21, 1998 3
1 I N D E X
2 ITEM ACTION PAGE
3 VOTE ON EXECUTIVE DIRECTORS' PAY RAISES:
4 Approved 6
5 NOMINATION OF CITY OF MIAMI DOWNTOWN DEVELOPMENT AUTHORITY: 6 Approved 7 7 STATE BOARD OF ADMINISTRATION: 8 (Presented by Tom Herndon, Executive Director) 9 1 Approved 8 10 2 Approved 8 3 Approved 9 11 DIVISION OF BOND FINANCE: 12 (Presented by J. Ben Watkins, III, Director) 13 1 Approved 10 14 2 Approved 10 3 Approved 11 15 4 Approved 12 5 Approved 13 16 DEPARTMENT OF LAW ENFORCEMENT: 17 (Presented by James T. Moore, Executive Director) 18 1 Approved 14 19 2 Approved 14 3 Approved 15 20 4 Approved 32
21 DEPARTMENT OF REVENUE: (Presented by L.H. Fuchs, 22 Executive Director)
23 1 Approved 34 2 Approved 44 24
25
ACCURATE STENOTYPE REPORTERS, INC.
January 21, 1998 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 45 6 2 Approved 45 3 Approved 46 7 ADMINISTRATION COMMISSION: 8 (Presented by Robert B. Bradley, Ph.D., Secretary) 9 1 Approved 47 10 2 Approved 47 3 Deferred 48 11 MARINE FISHERIES COMMISSION: 12 (Presented by Russell S. Nelson, Ph.D., Executive Director) 13 A Approved 49 14 B, C, D, and E Deferred 49 F Approved 50 15 G Approved 50
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
January 21, 1998 5
1 I N D E X Continued 2 ITEM ACTION PAGE 3 BOARD OF TRUSTEES OF THE 4 INTERNAL IMPROVEMENT TRUST FUND: 5 (Presented by Virginia B. Wetherell, Secretary) 6 1 Approved 51 7 Substitute 2 Deferred 51 3 Deferred 51 8 Substitute 4 Withdrawn 52 5 Approved 52 9 6 Approved 52 7 Approved 52 10 8 Approved 53 9 Approved 53 11 10 Approved 53 11 Approved 54 12 12 Approved 54 13 Approved 55
13 14 Approved 55 15 Approved 55 14 Substitute 16 Withdrawn 56 Substitute 17 Withdrawn 56 15 CERTIFICATE OF REPORTER 57 16 * 17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON EXECUTIVE DIRECTORS' PAY RAISES January 21, 1998 6
1 P R O C E E D I N G S
2 (The agenda items commenced at 10:51 a.m.)
3 GOVERNOR CHILES: We need a motion and a
4 vote to approve the Executive Directors' pay
5 raises.
6 COMPTROLLER MILLIGAN: I'll make a motion,
7 Governor, to approve the Executive Directors'
8 pay raises by the 2.78 percent.
9 COMMISSIONER BROGAN: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, that's approved.
12 (The Vote on the Executive Directors' Pay
13 Raises was concluded.)
14 *
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
NOMINATION FOR MIAMI DOWNTOWN DEVELOPMENT AUTHORITY January 21, 1998 7
1 GOVERNOR CHILES: Have a nomination then
2 for the City of Miami Development Authority.
3 SECRETARY MORTHAM: Move the nomination.
4 COMMISSIONER BROGAN: Second.
5 GOVERNOR CHILES: It's been moved and
6 seconded.
7 Without objection, that's approved.
8 (The Nomination for the City of Miami
9 Downtown Development Authority was concluded.)
10 *
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION January 21, 1998 8
1 GOVERNOR CHILES: And now we'll go to the
2 State Board of Administration.
3 MR. HERNDON: Item number 1 on the agenda
4 this morning is approval of the minutes of the
5 meeting held on December 16th.
6 TREASURER NELSON: I move it.
7 COMPTROLLER MILLIGAN: And second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, they're approved.
10 MR. HERNDON: Item number 2 is approval of
11 fiscal sufficiency of two hundred and
12 twenty-five million dollars, State of Florida
13 Department of Environmental Protection,
14 Preservation 2000 bonds.
15 TREASURER NELSON: Move it.
16 GOVERNOR CHILES: Moved --
17 COMPTROLLER MILLIGAN: Second.
18 GOVERNOR CHILES: -- seconded.
19 Without objection, that's approved.
20 MR. HERNDON: Item number 3 is approval of
21 an interest rate exception, and approval of a
22 negotiated sale pursuant to Chapter 215 and 159
23 for the Dade County Housing Finance Authority.
24 TREASURER NELSON: And I move the item.
25 COMPTROLLER MILLIGAN: And I'll second it.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION January 21, 1998 9
1 GOVERNOR CHILES: Moved and seconded.
2 Without objection, that's approved.
3 MR. HERNDON: That completes the agenda.
4 Thank you.
5 GOVERNOR CHILES: Thank you, sir.
6 (The State Board of Administration Agenda
7 was concluded.)
8 *
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE January 21, 1998 10
1 GOVERNOR CHILES: The Division of
2 Bond Finance.
3 MR. WATKINS: Item number 1 is approval of
4 the minutes of the December 16th meeting.
5 COMMISSIONER BROGAN: Move the minutes,
6 Governor.
7 SECRETARY MORTHAM: Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, they're approved.
10 MR. WATKINS: Item number 2 is a resolution
11 authorizing the competitive sale of up to
12 two hundred and twenty-five million dollars in
13 Preservation 2000 refunding bonds.
14 SECRETARY MORTHAM: Move approval.
15 COMMISSIONER BROGAN: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, they're approved.
18 MR. WATKINS: Item number 3 is a resolution
19 recommending the selection of Bryant, Miller and
20 Olive law firm as bond counsel for the
21 Lottery Revenue Bond Program for a construction
22 of educational facilities. And the
23 recommendation is based on the ranking of RFPs
24 received from firms by a selection committee
25 established for that purpose.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE January 21, 1998 11
1 SECRETARY MORTHAM: Move approval.
2 COMMISSIONER BROGAN: Second.
3 GOVERNOR CHILES: Moved and seconded.
4 Without objection, that's approved.
5 MR. WATKINS: Item number 4 is a report of
6 award of the sale -- competitive sale of
7 two hundred million dollars in PECO bonds. The
8 bonds were sold on January 7th at a bid TIC of
9 4.9089 percent.
10 COMMISSIONER BROGAN: Governor, I'll --
11 I'll move approval and say that, I think, to my
12 knowledge, that's the lowest rate that we've
13 had -- the best rate that we've had since --
14 since at least I've been here. It's well done,
15 really is.
16 MR. WATKINS: That's the lowest interest
17 rate -- we went back and checked the records,
18 and we have written records in the office back
19 to 1971.
20 And this is the lowest interest rate that
21 we have obtained on a 30-year bond issue since
22 at least that point in time.
23 COMMISSIONER BROGAN: Good timing, Ben.
24 MR. WATKINS: So times are good to borrow
25 money.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE January 21, 1998 12
1 SECRETARY MORTHAM: Second.
2 GOVERNOR CHILES: Is there a second?
3 SECRETARY MORTHAM: Second.
4 GOVERNOR CHILES: Second.
5 Without objection, that's approved.
6 That's -- that's great. I'm delighted to
7 hear that.
8 MR. WATKINS: Thank you.
9 Item number 5 is a report of award of the
10 competitive sale of four multifamily housing
11 revenue bond issues on behalf of the Florida
12 Housing Finance Agency.
13 COMMISSIONER BROGAN: Move approval.
14 ATTORNEY GENERAL BUTTERWORTH: Second.
15 GOVERNOR CHILES: Second.
16 That gives us a big smile, again, to see
17 that everybody can do a public bid, including
18 family housing.
19 And I -- I -- I want to thank you, and I
20 want to thank your predecessor. When we started
21 off, we didn't have many competitive sales,
22 period. We've enjoyed -- the vast, vast
23 majority of them are now -- there are always an
24 occasion why you should not use that.
25 I think we've established very clearly that
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE January 21, 1998 13
1 it's as cheap or cheaper, that it's a better way
2 of doing business, and I thank you for that.
3 I want to -- without objection, the -- the
4 item is approved.
5 MR. WATKINS: Thank you.
6 COMPTROLLER MILLIGAN: I might note,
7 Governor, this is the last time we'll see these
8 on the Housing -- Florida Housing Finance
9 Agency. This is the last time it'll come before
10 the Cabinet.
11 GOVERNOR CHILES: That's right.
12 (The Division of Bond Finance Agenda was
13 concluded.)
14 *
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 14
1 GOVERNOR CHILES: All right. Florida
2 Department of Law Enforcement.
3 MR. MOORE: Good morning, Governor and
4 Cabinet.
5 Item 1 are the minutes from the October 21,
6 '97, Cabinet meeting.
7 COMMISSIONER BROGAN: Move the minutes.
8 SECRETARY MORTHAM: Move approval.
9 COMMISSIONER BROGAN: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, the minutes are
12 approved.
13 MR. MOORE: Item 2 is the Department's
14 Performance Based Program budgeting quarterly
15 report for September through -- excuse me --
16 from July through September of '97.
17 COMMISSIONER BROGAN: Move approval.
18 SECRETARY MORTHAM: Second.
19 Second.
20 GOVERNOR CHILES: Moved and seconded.
21 Without objection, it's approved.
22 MR. MOORE: Item 3 is the Department's
23 report for October through December of '97.
24 SECRETARY MORTHAM: Move approval.
25 COMMISSIONER BROGAN: Second.
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 15
1 GOVERNOR CHILES: Moved and seconded.
2 Without objection, that's approved.
3 MR. MOORE: Governor, Item 4 is a special
4 item on our agenda today regarding the issue of
5 marijuana legalization and efforts to legalize
6 marijuana in -- in the state of Florida for
7 alleged medicinal purposes.
8 You'll recall at the end of last year, you
9 sent me a letter, and requested that I prepare a
10 briefing for you and the Cabinet on the status
11 of these efforts, and what you thought -- what
12 we thought should be done as this time
13 approaches.
14 We have the pleasure today of having the
15 following individuals joining us for the
16 presentation of that report, and for the sharing
17 of some remarks.
18 As I call their name, I'd like for them to
19 join me here at the podium.
20 First is Ms. Betty Sembler out of St. Pete,
21 who is known to all of us in the state of
22 Florida. Her efforts on anti-drug matters in
23 the state of Florida and around the country are
24 not new.
25 She is a -- on the Board of Directors of
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 16
1 Dare America, as you know. She's on our Florida
2 Dare Board of Directors. She's a member of
3 Drug Watch International, and the list goes on
4 and on of Betty's efforts in this regard.
5 She's heading up our Florida
6 anti-legalization effort on this petition drive
7 this year.
8 Second of all today, we have with us a
9 Special Agent in charge of the
10 Department of Justice's Bureau of Narcotics,
11 Ms. Christy McCampbell. Christy later on is
12 going to share a couple of comments and remarks
13 about what they've seen in the state of
14 California since they did, in fact, pass
15 Proposition 215 last year. She'll share with us
16 some of, again, horror stories that they're
17 seeing out there.
18 Joining us representing local law
19 enforcement in the state of Florida, very strong
20 opposition to this initiative as well, is
21 Sheriff Neil Perry, who's the Vice-President of
22 the Florida Sheriffs Association, and
23 sheriffs -- and the Sheriff of St. Johns
24 County.
25 And Chief Jim Gabbard, Chief of Vero Beach,
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 17
1 and also the President of the Florida Police
2 Chiefs Association.
3 As you know, the Constitution Revision
4 Commission in the last several weeks
5 overwhelmingly rejected the notion that we put
6 an amendment on our Constitution for
7 consideration by the taxpayers to legalize
8 marijuana for medicinal purposes. I think the
9 matter only received one vote, if my memory
10 serves me right.
11 Because of this, and, again, Governor,
12 because of your request for a report, we have
13 provided to you and your office a report
14 entitled Marijuana Legalization in Florida, a
15 Very Bad Idea.
16 And while the idea of legalizing marijuana,
17 or anything else for -- to help the illness that
18 some of our citizens face might on its surface
19 seem to be reasonable, we'd submit to you that
20 we all need to be well aware of the facts and
21 really what's going on with this petition drive
22 here in the state of Florida.
23 Our report presents those facts and
24 provides generally six major categories of
25 reasons of why we think it's a bad idea.
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 18
1 Number one, many of these are -- you
2 recognize them clearly on their face.
3 Number one is marijuana use is not a victimless
4 crime. There's countless victims associated
5 with the use of that illegal drug.
6 Number two, keeping drugs illegal holds
7 down the use and the addiction and the deaths.
8 We know clearly that 60 percent of all the
9 children who use marijuana before the age of
10 eight-- before the age of fifteen, will go on to
11 regularly use cocaine.
12 Number three, legalization of marijuana
13 would certainly send a wrong message to our
14 citizens, and especially our children, in a time
15 when we need to be clear and continuing in our
16 message of drug use is bad for you, and bad for
17 your future.
18 Number four, legalization efforts, at least
19 in our opinion, have more to do with profit than
20 compassion. In California and the cannabis
21 buyers clubs, Mr. Dennis Peron buys marijuana
22 for $3200 a pound. He sells it for $8320 a
23 pound, making a tax-free profit of over $5,000
24 for every pound of marijuana that he sells in
25 the state of California.
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 19
1 Number five, marijuana is not a harmless
2 drug. We're well aware of all the things -- the
3 negative impacts that marijuana has.
4 And number six, legalization of marijuana
5 is not necessary, as there's already
6 pharmaceutical prescribed scheduled remedies
7 that contain the active ingredient THC. Some of
8 the pharmaceutical representatives are with us
9 here today that can attest to that fact.
10 It's important again that you, and
11 certainly the public in our state, not be
12 deceived by the efforts of a few -- well
13 financed few, I might add -- to legalize
14 marijuana.
15 We think it's a trick, it's clearly the
16 camel's head in the tent door on the bigger
17 objective of legalizing all drugs, not only in
18 Florida, but in America.
19 I'd like at this time, Governor, to ask
20 Ms. Betty Sembler to share some remarks with you
21 regarding her efforts, not only in Drug-Free
22 America Foundation and Save Our Society from
23 Drug Abuse, but any other observations that she
24 thinks appropriate.
25 Ms. Sembler.
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 20
1 MS. SEMBLER: Thank you, and good morning
2 to all of you.
3 I am -- I came here today to acquaint you
4 with a very important organization, Save Our
5 Society from Drugs, known as SOS, and its
6 mission.
7 As I'm sure that you're aware -- I've just
8 been told -- and that you've read many times
9 before, there's a dangerous national effort to
10 legalize drugs. The tactic to undermine public
11 opinion is called medicalization. And that's a
12 term that the people who are trying to do this
13 use, and -- we can't even get it up on a
14 computer, because it really isn't a word. And I
15 don't like to use the word from the other side.
16 But, in order to explain it to you, I -- I will
17 use that term.
18 This is a deliberate ploy playing on the
19 voters' compassion for the sick and dying. But,
20 in fact, it is a thin -- thinly designed veil
21 that's heavily financed, as Tim just noted, by a
22 very -- a group of very wealthy individuals.
23 Our first organization formed to educate
24 the public on the dangers of drug use is the
25 Drug-Free America Foundation, Incorporated.
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 21
1 When these medicalization issues appeared all
2 over our country, we formed a second
3 organization, as I've told you, Save Our Society
4 from Drugs, SOS. SOS is a national organization
5 committed to defeating these efforts.
6 The pro drug activists' strategy has been
7 successful in two states, namely California,
8 with Proposition 215; and in Arizona,
9 Proposition 200. And it was defeated in a third
10 state -- the third of -- the state of
11 Washington.
12 To illustrate how these Propositions 215
13 and 200 were promoted, we have prepared a short
14 video presentation.
15 (Videotape was published.)
16 MS. SEMBLER: Rather speaks for itself,
17 I think.
18 But the defeat of the Washington initiative
19 685 was a result of valuable lessons learned
20 from what took place in California and in
21 Arizona, with concerted effort by anti-drug
22 proponents from all over the country, including
23 SOS, Save Our Society from Drugs.
24 Now, however, the legalizers have targeted
25 our state, the state of Florida, a must-win on
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 22
1 their agenda. The movement is being spearheaded
2 by the deceptively named group, and I quote,
3 Floridians for Medical Rights.
4 As we speak, they are circulating petitions
5 to amend our State Constitution. Petitions to
6 legalize marijuana by the now familiar medical
7 ploy. The purpose of SOS is to defeat this
8 effort in every way possible. We will oppose
9 the initiative before the Florida
10 Supreme Court. We are forming grassroots
11 organizations of concerned citizens across the
12 state to carry our message, with the proof about
13 so-called medical marijuana, urging Floridians
14 not to sign the petitions.
15 However, if this issue does reach our
16 ballot this November, we are prepared to raise
17 funds, speak out to every group we can find,
18 organize TV spots, prepare newspaper articles
19 and brochures.
20 We've learned valuable lessons from past
21 failures, and the experiences in our sister
22 states. We cannot, and will not stand by and
23 watch the future of our state and our nation be
24 sabotaged. We are determined to draw the line
25 in Florida sand, not here and not us.
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 23
1 That is why we are here before you today.
2 As Florida's top elected leaders, your united
3 voice helps to define and shape the issues of
4 this day.
5 We ask you to unanimously pass the
6 resolution before you, and join the Council --
7 the Florida Council of 100, the Florida Sheriffs
8 Association and the Florida Police Chiefs
9 Association in publicly opposing this dangerous
10 effort to legalize marijuana in our state.
11 We look forward to working with you to make
12 the safe -- a place -- a safer and healthier
13 place to live.
14 My sincerest thanks for the opportunity.
15 Thank you, Governor, and all of the rest of
16 you. Thank you.
17 GOVERNOR CHILES: Thank you.
18 MR. MOORE: Now Ms. Christy McCampbell, the
19 Special Agent in charge of California Department
20 of Justice.
21 Christy.
22 MS. McCAMPBELL: Good morning, Governor,
23 and distinguished members of the Cabinet.
24 I am honored to appear before you this
25 morning at the invitation of Commissioner Moore
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 24
1 to give you just a very short briefing on the
2 effects and what has happened in California
3 thanks to 215 passage, the Compassionate Use Act
4 of Medicinal Marijuana.
5 I am here representing Attorney General
6 Dan Lungren from California, as well as
7 Chief Joe Doane of the State's Bureau of
8 Narcotic Enforcement, of which I am a Senior
9 Special Agent in charge of narcotic operations
10 in northern California.
11 I also represent, as First Vice President,
12 the 7,000 members of the California Narcotic
13 Officers Association, which I might say
14 valiantly fought against the deceptions that
15 were in this law that passed in our state.
16 As a career narcotic officer -- enforcement
17 officer for over 25 years, I can truly tell you
18 that it is hard for me to believe the damage and
19 the havoc that this intentionally deceptive law
20 has caused in our state.
21 I've broken it down into four reasons why
22 Proposition 215 passed in California. First of
23 all, the -- the proposition was very falsely
24 misleading. Proposition 215 passed because the
25 voters were falsely led into believing that they
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 25
1 were passing a law that provided medicine for
2 sick people.
3 Marijuana is not medicine, and the ballot
4 exploited public compassion for the seriously
5 ill in order to legalize the widespread use, and
6 the cultivation of marijuana in our state.
7 The authors of this initiative were
8 attempting to legalize marijuana in each state,
9 and they're doing it now one by one, trying to
10 pass it here in Florida. And their ultimate
11 goal is legalization of all drugs in the
12 United States.
13 Secondly, our voice was not heard. We
14 didn't think in California that such a law could
15 ever pass. We were unable to effectively use
16 the media. The media found it much more
17 interesting to write about and watch the antics
18 of our legalizers, than to listen to a bunch of
19 law enforcement officers or boring medical
20 people that were simply up there giving the
21 facts.
22 We didn't utilize our community based
23 groups, or our churches, or any of our business
24 organizations to help us get the word out of the
25 deceptions in this law. We were lacking in an
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 26
1 effective and a knowledgeable speakers bureau in
2 order to get the word out. The vote was ours to
3 win, and we lost it.
4 We didn't organize soon enough, and we
5 didn't have a strategic plan. By the time we
6 did, it was too late. We would go kind of on a
7 hit or miss basis, and we would debate the
8 issue, and we'd send a letter -- a narc out to
9 talk about these issues to a community group or
10 something.
11 But what we needed was a steering committee
12 that took the bull by the horns, if you will,
13 and led us in getting the information to the
14 people.
15 If we had agreed on a strategy in educating
16 the voters on the weaknesses of the written
17 initiative is what we would have done, instead
18 of wasting our time debating medical issues. We
19 were not doctors. The scientists and the
20 medical people are the ones that should be
21 debating medical issues.
22 We wasted time attempting to water down the
23 sympathy ploys, which you can see here in a film
24 like this, when you see an elderly woman passed
25 out on the camera, it -- it draws your heart
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 27
1 strings, and that's intentionally what the
2 legalizers were trying to do.
3 And lastly, we didn't raise a strong
4 financial base. We were up against people out
5 of state that were sinking millions of dollars
6 into California in order to get what they
7 wanted, and that's to legalize drugs in
8 California.
9 They sunk millions of dollars into the
10 campaign for TV ads. We as a bunch of police
11 officers that didn't know how to raise funds, we
12 got $30,000. It wasn't helpful enough.
13 The aftermath of 215, it's created public
14 safety and legal chaos in our state. First of
15 all, it's eliminated all consumer and patient
16 protection that's afforded by the safe food and
17 drug acts.
18 Through the ballot initiative, what has
19 effectively happened is they've thrown us back
20 to the days of Dr. Feel Good potents and patent
21 medicine without any kind of research done on
22 this drug.
23 The vague and deceptive law has tied the
24 hands of our law enforcement officers. The way
25 the law reads in California, nobody has --
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 28
1 the -- our officers have no way to enforce any
2 kind of a law. The concepts are unclear.
3 Anyone of any age can virtually get
4 marijuana in the state of California now it has
5 been legalized. There's no need for a medical
6 exam, there's no need for a doctor to do an
7 examination or to maintain records, and there is
8 no need for a prescription like we have on other
9 kinds of controlled substances.
10 A recommendation is the word used in the
11 law. A recommendation is not a prescription.
12 Not surprisingly, cultivation seizures are
13 up in California.
14 And that brings us to the infamous cannabis
15 buyers clubs. They've sprung up throughout
16 California, and they're certainly entertaining
17 to watch. The legalizers in charge of them are
18 very entertaining and colorful. But as you can
19 see just in that film clip right there, that's
20 certainly not a place where you would want to
21 have a sick person.
22 As a matter of fact, this last weekend at
23 the cannabis buyers club in my hometown of
24 San Francisco, they advertised, and had what was
25 dubbed as the Egyptian Extravaganza. It was
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 29
1 along the lines of a vaudeville show featuring a
2 troupe of scantily clad transvestites dancing in
3 Cleopatra drag clothing.
4 The newspaper ad promised that cannabis
5 would only be sold prior to the -- to the
6 performance. With a sick and elderly dying
7 person, I don't think I would want them in that
8 sort of an atmosphere getting what's alleged to
9 be medicine.
10 Our undercover operators that have gone
11 into the cannabis clubs, they bought pound
12 quantities of dope there; they had sought
13 children that were under the age of twelve
14 roaming around in this smoke filled bar,
15 party-like atmosphere.
16 This law has created conflicts between
17 State and Federal law. In California under the
18 Federal law, marijuana is illegal; and now under
19 the State law, it's not illegal. Obviously it's
20 a very basic violation in the system of our
21 rights versus State rights and Federal rights.
22 Last week our northern California
23 attorney -- U.S. Attorney General announced that
24 under the system of federalism, State laws
25 cannot supersede Federal law, and enforcement's
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 30
1 going to be upheld.
2 Civil injunctions have been filed, and at
3 this point, it remains to be seen what's going
4 to happen there.
5 And, lastly, I have to say, legalizing
6 marijuana in our state, what kind of a message
7 is that giving to our youth. Isn't it not,
8 in fact, saying that -- just go ahead and say
9 yes to drugs.
10 Governor Chiles, I do laud you under your
11 taking a strong and timely action to stop this
12 scourge in your state, and I hope in November
13 that you will not have the same outcome that now
14 faces California.
15 And just before I leave you all -- your
16 Cabinet, I would like to leave you with a quote
17 that I just read by an oncologist who treats
18 sick and dying people. And he was talking to a
19 friend of his about the absurdities of
20 legalizing marijuana.
21 And I read you this quote: I classed
22 medical use of marijuana right up there with the
23 issue of therapeutic bathing in Drano. I was
24 against that, too. But I couldn't see that
25 anybody could seriously be in favor of it.
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 31
1 And with that, I thank you for your time,
2 and good luck.
3 GOVERNOR CHILES: Thank you. Appreciate
4 your coming to talk to us.
5 MR. MOORE: Thank you, Betty and Christy.
6 Governor, members of the Cabinet, we've
7 been working with your staff, as you know, to
8 prepare a resolution that guides us away from
9 some of the horror stories you've heard.
10 The resolution is before you now. I've
11 been asked to summarize the content of that
12 resolution, which I'll do briefly.
13 It recognize -- the resolution recognizes
14 marijuana as a Schedule 1 drug, which has high
15 potential for abuse and no accepted medical use
16 in Florida or the U.S.
17 It recognizes marijuana as a gateway drug
18 to cocaine, heroin, and other illegal drugs.
19 It recognizes research findings that
20 demonstrate clearly that marijuana harms the
21 brain, the heart, the lungs, the immune system;
22 it impairs perception, memory and judgment; and
23 impairs, among the most basic things, our
24 ability to drive.
25 It recognizes, as was so clearly put by
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 32
1 General McCaffrey, of ONDCP, the preservation of
2 long-standing, established, medical scientific
3 process for proving substances for medical use
4 in America at the State and Federal level is
5 crucial. And it recognizes that deviating from
6 this time-honored procedure will undermine the
7 process that's protected the American public so
8 well for so long.
9 The resolution also recognizes that
10 legalization efforts sends the wrong message,
11 again, especially to our youth. And it strongly
12 resolves that your strong and united support to
13 any efforts to legalize marijuana, or any other
14 illegal drug in any manner, is not consistent
15 with established State and Federal scheduling
16 procedures is opposed.
17 Governor, I'd commend the resolution to
18 you.
19 SECRETARY MORTHAM: I move the resolution.
20 GOVERNOR CHILES: It's been moved --
21 COMMISSIONER BROGAN: Second it.
22 GOVERNOR CHILES: -- and seconded.
23 Without objection, the resolution is
24 unanimously adopted.
25 Why don't y'all come up and get a picture
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT January 21, 1998 33
1 taken.
2 (Discussion off the record.)
3 (The Florida Department of Law Enforcement
4 Agenda was concluded.)
5 *
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998 34
1 GOVERNOR CHILES: The Department of
2 Revenue.
3 MR. FUCHS: Thank you, Governor, members of
4 the Cabinet, for your earlier vote.
5 Item 1 is a request for approval of the
6 minutes of the December 16th --
7 COMMISSIONER BROGAN: You'd probably want
8 to tax it anyway, Larry.
9 Kidding.
10 MR. FUCHS: One of the few people in this
11 state who pay intangible tax -- excuse me. Slip
12 of the tongue. -- who pay -- pay sales and use
13 tax on mail order sales.
14 COMPTROLLER MILLIGAN: I'll move the
15 minutes.
16 COMMISSIONER CRAWFORD: Second.
17 COMMISSIONER BROGAN: Second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, minutes are approved.
20 MR. FUCHS: Item 2 is a request for
21 permission to file a notice of proposed
22 rulemaking to amend Rule 12C-2, Florida
23 Administrative Code, having to do with the
24 intangible tax.
25 And I understand within the last, oh,
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998 35
1 14 hours, this measure has, to my surprise,
2 become somewhat controversial.
3 What we're asking for is approval to
4 continue the process under the new APA. We are
5 not asking for your approval of the rule or its
6 language. This language has, however, been
7 developed through four public workshops, and the
8 idea is to provide a blueprint for taxpayers who
9 wish to take advantage of a -- an intangible tax
10 loophole. It is fairly straightforward, and it
11 substitutes for approximately 400 TAAs, Taxpayer
12 Assistance Advisements, that we've been
13 requested to promulgate.
14 As I said, it's a safe harbor provision for
15 those who wish to avoid payment of the
16 intangible tax under existing law.
17 The rule -- at least as it currently
18 stands, and it certainly would change in the
19 public hearings and possible additional
20 workshops that will follow those that have
21 already been carried out.
22 The rule as it stands talks about certain
23 circumstances where intangible personal
24 property --
25 (Commissioner Crawford exited the room.)
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998 36
1 MR. FUCHS: -- would not have taxable
2 status or situs. This is a negative rule, if
3 you will.
4 But it also has a -- an additional
5 provision to take care of those who are
6 concerned about the mere existence of the rule.
7 And that is, and I quote: Failure to meet one
8 or more of the following criteria does not
9 create any presumption with respect to taxable
10 situs.
11 In other words, this is a safe harbor where
12 small taxpayers who can't afford large cadres of
13 expensive attorneys, and other tax
14 practitioners, to create a special trust to deal
15 with their accounts, and their accounts alone,
16 can take advantage of the existing law, an
17 opportunity for -- for those who -- who wish to
18 avoid taxation legally, and -- and want to do
19 that in a way that -- within their holdings or
20 their estate they can afford to do so.
21 COMPTROLLER MILLIGAN: I would move the
22 rule, Governor, that we allow it to go to
23 hearing.
24 ATTORNEY GENERAL BUTTERWORTH: Second.
25 GOVERNOR CHILES: It's been moved and
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998
37
1 seconded.
2 COMMISSIONER BROGAN: Could I ask --
3 SECRETARY MORTHAM: I've got --
4 COMMISSIONER BROGAN: -- a question --
5 I'm sorry, Secretary.
6 GOVERNOR CHILES: Yes, sir.
7 SECRETARY MORTHAM: Go ahead.
8 COMMISSIONER BROGAN: Just a question.
9 My understanding, Larry -- and you correct
10 me if I'm wrong -- is that there have been a
11 couple of pieces of legislation already drawn up
12 that have to do with the intangible tax?
13 Now, I've not --
14 (Commissioner Crawford entered the room.)
15 COMMISSIONER BROGAN: -- seen them, but
16 is -- is that correct?
17 MR. FUCHS: My understanding, Commissioner,
18 based on my personal knowledge is that there are
19 proposals to do away with intangible tax
20 completely.
21 There are proposals to do with -- to do
22 away with the intangible tax on accounts
23 receivable. There are a number of intangible
24 tax initiatives underway.
25 I am not aware of one on this issue,
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998 38
1 because, once again, this is a provision that
2 allows avoidance of the tax. And I would think
3 that the -- the persons who are in favor of
4 the -- of this legal avoidance would want the
5 law to be continued as it exists.
6 COMMISSIONER BROGAN: Okay. And by the
7 way, I'm not suggesting just because there's
8 legislation drawn up that it should impact. I'm
9 just trying to get a better feel for this
10 thing.
11 And my understanding is the Legislature is
12 interested in this whole issue. Just wondering
13 how what we're doing today -- recognizing we're
14 not passing the rule, and I understand that --
15 would impact what we're starting to hear from
16 members of the Legislature, and what you've
17 heard relative to the whole issue.
18 MR. FUCHS: The -- the honest evaluation at
19 this point is that I think -- and I certainly
20 can be proven wrong -- I think there is a
21 reasonable chance of passage of some relaxation
22 of intangible tax on accounts receivable. That
23 would have absolutely no effect on this.
24 There's also the possibility that the
25 minimum amount that would be paid, or the
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998 39
1 threshold for payment, if you will, will be
2 raised so that a substantial number of
3 Floridians would no longer be subject to the
4 tax. Once again, this would have no impact on
5 this.
6 This is a provision available to those who
7 have the opportunity and sufficient financial
8 resources to move their assets out of the state
9 for a very short period of time at the first of
10 the year, which is when the intangible tax
11 applies, and then immediately bring those assets
12 back into the state and back under their
13 management and control after that short period
14 of time is over.
15 Obviously it takes a lot of money to create
16 the kind of trust that will do that, and it is
17 those wealthy Floridians who can take advantage
18 of this loophole.
19 What we're attempting to do is really an
20 administrative action to put into rule the
21 qualifications necessary to take advantage of
22 that -- what's commonly called FLINT Trust,
23 which you can see advertised in the Wall Street
24 Journal, and Florida Trend, and a number of
25 other publications.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998 40
1 That's existing law. We're not proposing
2 to narrow that, change it in any way. We just
3 want to create in the rules, as the APA
4 requires, those safe harbor provisions. That
5 would not in any way preclude anyone else from
6 devising a different version of this, because,
7 as we said in the -- in the plain language,
8 failure to follow this rule does not create a
9 taxable situation.
10 This is simply a blueprint for those who
11 wish to take advantage of it, and save the rest
12 of the taxpayers the enormous cost -- or not
13 enormous -- but the substantial cost of dealing
14 with some 400 TAAs that come along every time
15 somebody wants to do one of these things.
16 ATTORNEY GENERAL BUTTERWORTH: Governor --
17 GOVERNOR CHILES: Yes.
18 ATTORNEY GENERAL BUTTERWORTH: -- one
19 question, Mr. Fuchs. You say there's some
20 opposition. That means someone wants to speak
21 against this today in the audience?
22 MR. FUCHS: No one has approached me
23 personally by telephone, or -- or individually
24 to express any opposition --
25 ATTORNEY GENERAL BUTTERWORTH: But
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998 41
1 if anybody has any opposition to it, they'll --
2 that they will have an entry point at some point
3 in time as you continue on through your -- your
4 proposed rulemaking, right?
5 MR. FUCHS: Certainly, General.
6 COMMISSIONER BROGAN: I'm sorry, Governor,
7 I cut the Secretary off. I'll wait.
8 GOVERNOR CHILES: Well, as you explain it,
9 it sounds like what you're talking about is
10 putting into a rule the provisions that would
11 allow sort of common citizens, or middle class
12 business people, or whatnot, to take advantage
13 of something that right now every major
14 corporation is taking advantage of in Florida.
15 It's a loophole, we -- we don't discourage
16 it, it's not illegal, and we're -- you're just
17 sort of making it more available or
18 understandable and available to -- to all of our
19 citizens. Is that right?
20 MR. FUCHS: That is correct, Governor. And
21 that is the intent -- of course, once again, all
22 we're asking for today is permission to go ahead
23 with the process.
24 If it turns out that I am misstating the
25 facts, or that -- or that there is a way to
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998 42
1 better craft the language, that opportunity is
2 available through the APA prescribed hearing
3 process.
4 GOVERNOR CHILES: Is there further
5 discussion?
6 SECRETARY MORTHAM: Yeah, I have -- I have
7 a quick question.
8 I want to make sure I understand what you
9 just said yes to the Governor on.
10 Are you saying that the loophole is, quote,
11 unquote, available to large affluent individuals
12 and/or companies now. And now -- and through
13 this rulemaking, you are going to make this
14 loophole available to regular people like us?
15 MR. FUCHS: Well, there's -- that depends
16 upon whether regular people like yourself and
17 myself, Madam Secretary, have enough assets to
18 really see an advantage in this.
19 What --
20 SECRETARY MORTHAM: Well, what -- what are
21 those -- what's -- what's the number?
22 MR. FUCHS: The -- I don't have an exact
23 number. The popular conception is that if you
24 have approximately 5 million dollars in
25 intangible --
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998 43
1 SECRETARY MORTHAM: I doubt that --
2 MR. FUCHS: -- assets --
3 SECRETARY MORTHAM: -- includes most of us.
4 MR. FUCHS: It certainly doesn't include
5 me.
6 SECRETARY MORTHAM: Okay. I've got one
7 other question. Section 199.175 (1) of
8 Florida Statutes, which is what we're talking
9 about here, is there anything in this particular
10 rule that conflicts with, or changes the
11 statutory language of that section?
12 MR. FUCHS: I do not believe so,
13 Madam Secretary. And it could not. Because as
14 I'm sure you're aware, because we've had many
15 conversations on other issues, under the current
16 APA, we cannot promulgate a rule that is in
17 contradiction to a statute, or exceeds the
18 statute.
19 SECRETARY MORTHAM: Okay. Fine.
20 Thank you.
21 GOVERNOR CHILES: Further discussion?
22 Is there a motion?
23 ATTORNEY GENERAL BUTTERWORTH: The General
24 made a motion.
25 GOVERNOR CHILES: General -- move it.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE January 21, 1998 44
1 ATTORNEY GENERAL BUTTERWORTH: And I second
2 it.
3 GOVERNOR CHILES: And a second.
4 Without objection, it's approved.
5 MR. FUCHS: Thank you.
6 GOVERNOR CHILES: Yes, sir.
7 (The Department of Revenue Agenda was
8 concluded.)
9 *
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION January 21, 1998 45
1 GOVERNOR CHILES: State Board of
2 Education.
3 DR. BEDFORD: Governor Chiles,
4 Commissioner Brogan, members of the State Board
5 of Education, good morning.
6 Item 1, appointment to the District Board
7 of Trustees, Valencia Community College:
8 Deloris J. Mcmillon, to a term that expires
9 May 31st, the year 2001.
10 (Secretary Mortham exited the room.)
11 COMMISSIONER BROGAN: Move approval.
12 ATTORNEY GENERAL BUTTERWORTH: Second.
13 COMPTROLLER MILLIGAN: Second.
14 GOVERNOR CHILES: Moved and seconded.
15 Without objection, it's approved.
16 DR. BEDFORD: Item 2, appointment to the
17 Postsecondary Education Planning Commission of
18 Maricela Langelier; expiration date,
19 August 31st, 1998.
20 COMMISSIONER BROGAN: Move approval.
21 ATTORNEY GENERAL BUTTERWORTH: Second.
22 GOVERNOR CHILES: Moved and seconded.
23 Without objection, it's approved.
24 DR. BEDFORD: Item 3, reappointments to the
25 Board of Regents. The reappointees are:
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION January 21, 1998 46
1 Steven J. Uhlfelder, Elizabeth G. Lindsay;
2 expiration terms, January 1st, the year 2004.
3 COMMISSIONER BROGAN: Move approval.
4 COMPTROLLER MILLIGAN: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, that's approved.
7 DR. BEDFORD: Thank you.
8 (The State Board of Education Agenda was
9 concluded.)
10 *
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION January 21, 1998 47
1 GOVERNOR CHILES:
2 Administration Commission.
3 DR. BRADLEY: Item number 1, recommend
4 approval of the minutes for the meeting held
5 December 16th, 1997.
6 COMMISSIONER BROGAN: Move the minutes.
7 ATTORNEY GENERAL BUTTERWORTH: Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, that's approved.
10 DR. BRADLEY: Item number 2, recommend
11 approval of the transfer of general revenue
12 appropriations for the Justice Administration
13 Commission, the Office of Capital Collateral
14 Counsel.
15 COMMISSIONER BROGAN: Move approval.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, that's approved.
18 DR. BRADLEY: Item number 3, request
19 deferral until March 24th, 1998, to allow
20 parties to have an opportunity to try to resolve
21 the issues.
22 COMMISSIONER BROGAN: Move deferral,
23 Governor.
24 ATTORNEY GENERAL BUTTERWORTH: Second.
25 GOVERNOR CHILES: Moved and seconded on
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION January 21, 1998 48
1 motion to defer.
2 Without objection, it's approved.
3 (The Administration Commission Agenda was
4 concluded.)
5 *
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
MARINE FISHERIES COMMISSION January 21, 1998 49
1 GOVERNOR CHILES: Marine Fisheries
2 Commission.
3 DR. NELSON: Governor, members of the
4 Cabinet, Item A on the agenda is the approval of
5 the November 18th, 1997, meetings -- minutes.
6 COMMISSIONER BROGAN: Move the minutes.
7 COMPTROLLER MILLIGAN: Second.
8 (Secretary Mortham entered the room.)
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, the minutes are
11 approved.
12 DR. NELSON: And then we would like to ask
13 for deferral of Items B, C, D, and E until the
14 March 10th agenda.
15 COMMISSIONER BROGAN: Governor, I'll move
16 deferral of Items B, C, D, and E until the time
17 requested.
18 GOVERNOR CHILES: March 10th.
19 COMMISSIONER BROGAN: March 10th.
20 GOVERNOR CHILES: Is there a second?
21 ATTORNEY GENERAL BUTTERWORTH: Second.
22 GOVERNOR CHILES: Second.
23 Without objection, that's approved.
24 DR. NELSON: Item F represents a seasonal
25 nighttime closure in some areas of
ACCURATE STENOTYPE REPORTERS, INC.
MARINE FISHERIES COMMISSION January 21, 1998 50
1 Charlotte County. We recommend approval.
2 COMMISSIONER BROGAN: Move approval.
3 COMPTROLLER MILLIGAN: Second.
4 GOVERNOR CHILES: Moved and seconded.
5 Without objection, that's approved.
6 DR. NELSON: And then, finally, G are just
7 some technical changes to delineations in the
8 Citrus-Hernando stone crab shrimp demarcation
9 line.
10 COMMISSIONER BROGAN: Move approval,
11 Governor.
12 ATTORNEY GENERAL BUTTERWORTH: Second.
13 GOVERNOR CHILES: Moved and seconded.
14 Without objection, that's approved.
15 DR. NELSON: Thank you.
16 (The Marine Fisheries Commission Agenda was
17 concluded.)
18 *
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND January 21, 1998 51
1 GOVERNOR CHILES: Board of Trustees.
2 MS. WETHERELL: Item 1 are minutes.
3 SECRETARY MORTHAM: Move approval.
4 COMMISSIONER BROGAN: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, minutes are approved.
7 MS. WETHERELL: Substitute Item 2, we're
8 recommending deferral.
9 COMMISSIONER BROGAN: Move deferral of
10 Item 2.
11 GOVERNOR CHILES: Moved and --
12 ATTORNEY GENERAL BUTTERWORTH: Second.
13 COMPTROLLER MILLIGAN: Second.
14 GOVERNOR CHILES: -- seconded.
15 Without objection, it's approved.
16 MS. WETHERELL: Item 3, we're recommending
17 deferral until February 24.
18 SECRETARY MORTHAM: Move for deferral.
19 COMMISSIONER BROGAN: Second.
20 GOVERNOR CHILES: Moved and seconded.
21 Without objection, it's deferred.
22 MS. WETHERELL: Substitute Item 4, we're
23 recommending withdrawal.
24 ATTORNEY GENERAL BUTTERWORTH: Motion.
25 COMMISSIONER BROGAN: Move withdrawal of
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND January 21, 1998 52
1 Item 4.
2 SECRETARY MORTHAM: Second.
3 GOVERNOR CHILES: Moved and seconded.
4 Without objection, it's withdrawn.
5 MS. WETHERELL: Item 5 is a purchase
6 agreement for the Department of Transportation.
7 SECRETARY MORTHAM: Move approval.
8 COMMISSIONER BROGAN: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 MS. WETHERELL: Item 6 is an option
12 agreement for Lake Wales Ridge Ecosystem CARL
13 project, and a request for a waiver of survey.
14 SECRETARY MORTHAM: Move approval.
15 COMMISSIONER BROGAN: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, it's approved.
18 MS. WETHERELL: Item 7 is an option
19 agreement for Archie Carr CARL project.
20 COMMISSIONER BROGAN: Move approval.
21 SECRETARY MORTHAM: Second.
22 GOVERNOR CHILES: Moved and seconded.
23 Without objection, it's approved.
24 MS. WETHERELL: Item 8, two purchase
25 agreements for the Belle Meade CARL project, and
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND January 21, 1998 53
1 survey -- waiver of survey.
2 SECRETARY MORTHAM: Move approval.
3 COMMISSIONER BROGAN: Move approval,
4 Governor.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 MS. WETHERELL: Item 9, an option agreement
8 for the Wekiva-Ocala Greenway CARL project.
9 COMMISSIONER BROGAN: Move the item.
10 SECRETARY MORTHAM: Second.
11 GOVERNOR CHILES: Moved and seconded.
12 Without objection, it's approved.
13 MS. WETHERELL: Item 10, an option
14 agreement for the Longleaf Pine CARL project.
15 COMMISSIONER BROGAN: Move approval.
16 ATTORNEY GENERAL BUTTERWORTH: Second.
17 SECRETARY MORTHAM: Second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, it's approved.
20 MS. WETHERELL: Item 11, an option
21 agreement for Rookery Bay, and a waiver of
22 survey.
23 SECRETARY MORTHAM: Move approval.
24 COMMISSIONER BROGAN: Second.
25 GOVERNOR CHILES: Moved and seconded.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND January 21, 1998 54
1 Without objection, that's approved.
2 MS. WETHERELL: Item 12, an option
3 agreement for Cayo Costa CARL project, and a
4 waiver of survey.
5 SECRETARY MORTHAM: Move approval.
6 COMMISSIONER BROGAN: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, that's approved.
9 MS. WETHERELL: Item 13, a purchase
10 agreement for Rotenberger CARL project, a waiver
11 of survey.
12 Governor and Trustees, this is unusual in
13 that it's the first time we've asked you to
14 approve a project in excess of an appraised
15 value.
16 You do have authority under Chapter 259 to
17 do that. We are recommending that you do so in
18 light of the fact of the importance and
19 relevance of this acquisition to staying on time
20 with the Everglades Forever Act, because this
21 land is needed for part of an STA. And without
22 it, we -- the Water Management District will be
23 behind schedule in completion in being able to
24 operate that STA.
25 SECRETARY MORTHAM: Move approval.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND January 21, 1998 55
1 COMMISSIONER BROGAN: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, it's approved.
4 MS. WETHERELL: Thank you.
5 Item 14 is an acquisition agreement with
6 South Florida Water Management District, and
7 St. Lucie County.
8 SECRETARY MORTHAM: Move approval.
9 ATTORNEY GENERAL BUTTERWORTH: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 MS. WETHERELL: Item 15 is Cape Romano Land
13 Encumbrance.
14 SECRETARY MORTHAM: Move approval.
15 ATTORNEY GENERAL BUTTERWORTH: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, it's approved.
18 MS. WETHERELL: Substitute Item 16, we're
19 recommending withdrawal.
20 ATTORNEY GENERAL BUTTERWORTH: Motion to
21 withdraw.
22 SECRETARY MORTHAM: Recommend deferral.
23 MS. WETHERELL: Actually withdrawal.
24 GOVERNOR CHILES: Moved and --
25 SECRETARY MORTHAM: Withdrawal.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND January 21, 1998 56
1 GOVERNOR CHILES: -- seconded to withdraw?
2 MS. WETHERELL: Yes, sir.
3 GOVERNOR CHILES: Without objection, it's
4 withdrawn.
5 MS. WETHERELL: Substitute Item 17, we're
6 recommending deferral.
7 ATTORNEY GENERAL BUTTERWORTH: Motion to
8 defer.
9 COMMISSIONER CRAWFORD: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's deferred.
12 MS. WETHERELL: Thank you.
13 GOVERNOR CHILES: Thank you.
14 (The Board of Trustees of the Internal
15 Improvement Trust Fund Agenda was concluded.)
16 *
17 (The Cabinet meeting was concluded at
18 11:38 a.m.)
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
January 21, 1998 57
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 56 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 23RD day of JANUARY, 1998.
17
18
19 LAURIE L. GILBERT, RPR, CCR, CRR 100 Salem Court 20 Tallahassee, Florida 32301 850/878-2221 21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
|
|||||||
