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1

2 T H E C A B I N E T

3 S T A T E O F F L O R I D A

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Representing:

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VOTE ON PAROLE COMMISSIONERS

6 STATE BOARD OF ADMINISTRATION

DIVISION OF BOND FINANCE

7 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DEPARTMENT OF REVENUE

8 ADMINISTRATION COMMISSION

BOARD OF TRUSTEES, INTERNAL IMPROVEMENT TRUST FUND

9 MARINE FISHERIES COMMISSION

STATE BOARD OF EDUCATION

10

11 The above agencies came to be heard before

THE FLORIDA CABINET, Honorable Governor Chiles

12 presiding, in the Cabinet Meeting Room, LL-03,

The Capitol, Tallahassee, Florida, on Tuesday,

13 July 14, 1998, commencing at approximately 9:46 a.m.

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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

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21 ACCURATE STENOTYPE REPORTERS, INC.

100 SALEM COURT

22 TALLAHASSEE, FLORIDA 32301

850/878-2221

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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

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ACCURATE STENOTYPE REPORTERS, INC.

 

July 14, 1998

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1 I N D E X

2 ITEM ACTION PAGE

3 VOTE ON PAROLE COMMISSIONERS:

4 Approved 6

5 STATE BOARD OF ADMINISTRATION:

(Presented by Tom Herndon,

6 Executive Director)

7 1 Approved 7

2 Approved 7

8 3 Approved 8

4 Approved 11

9 5 Review and Comment 11

10 DIVISION OF BOND FINANCE:

(Presented by J. Ben Watkins, III,

11 Director)

12 1 Approved 13

2 Approved 13

13 3 Approved 14

4 Approved 14

14

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES:

15 (Presented by Fred O. Dickinson, III,

Executive Director)

16

1 Approved 15

17 2 Approved 15

3 Approved 15

18 4 Approved 16

5 Approved 16

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DEPARTMENT OF REVENUE:

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Query 17

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ACCURATE STENOTYPE REPORTERS, INC.

 

July 14, 1998

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1 I N D E X

2 ITEM ACTION PAGE

3 ADMINISTRATION COMMISSION:

(Presented by Paul E. Belcher,

4 Acting Deputy Director)

5 1 Approved 27

2 Approved 27

6 3 Approved 28

4 Approved 28

7 5 Approved 29

6 Approved 29

8 7 Approved 29

8 Approved 30

9 9 Deferred 30

10 BOARD OF TRUSTEES OF THE

INTERNAL IMPROVEMENT

11 TRUST FUND:

(Presented by Virginia B. Wetherell,

12 Deputy Secretary)

13 1 Approved 31

2 Approved 32

14 3 Approved 32

4 Approved 32

15 5 Approved 32

6 Approved 33

16 Substitute 7 Approved 33

8 Approved 33

17 Substitute 9 Deferred 33

Substitute 10 Deferred 34

18 Substitute 11 Deferred 34

19 MARINE FISHERIES COMMISSION:

(Presented by Russell S. Nelson, Ph.D.,

20 Executive Director)

21 A 36

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ACCURATE STENOTYPE REPORTERS, INC.

 

July 14, 1998

5

1 I N D E X

2 ITEM ACTION PAGE

3 STATE BOARD OF EDUCATION:

(Presented by Wayne V. Pierson,

4 Deputy Commissioner for

Planning, Budgeting, and Management)

5

1 Approved 40

6 2 Approved 70

3 Approved 71

7 4 Approved 71

5 Deferred 71

8 6 Deferred 71

7 Deferred 72

9 8 Approved 72

9 Approved 72

10 10 Approved 72

11 Approved 73

11 12 Approved 73

13 Approved 73

12 14 Approved 74

15 Approved 75

13 16 Approved 75

17 Approved 75

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CERTIFICATE OF REPORTER 76

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ACCURATE STENOTYPE REPORTERS, INC.

 

VOTE ON PAROLE COMMISSIONER

July 14, 1998

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1 P R O C E E D I N G S

2 (The agenda items commenced at 10:15 a.m.)

3 GOVERNOR CHILES: We now need a -- a vote

4 on the Parole Commissioner. A ballot's before

5 you.

6 I'll ask the Attorney General to count the

7 ballots.

8 ATTORNEY GENERAL BUTTERWORTH: Governor,

9 Jimmy Henry is the -- is the winner.

10 GOVERNOR CHILES: All right. By your vote,

11 you have selected Jim Henry for a -- a term on

12 the -- a full term on the Parole Commission.

13 Our next Cabinet meeting will be

14 July the 28th of 1998.

15 (The Vote on the Parole Commissioner Agenda

16 was concluded.)

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ACCURATE STENOTYPE REPORTERS, INC.

 

STATE BOARD OF ADMINISTRATION

July 14, 1998

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1 GOVERNOR CHILES: State Board of

2 Administration.

3 MR. HERNDON: Item number 1 on the State

4 Board of Administration agenda is approval of

5 the minutes of the meeting held on June 24th,

6 1998.

7 COMPTROLLER MILLIGAN: Move the minutes.

8 GOVERNOR CHILES: Minutes are moved.

9 TREASURER NELSON: Second it.

10 GOVERNOR CHILES: Second.

11 Without objection, minutes are approved.

12 MR. HERNDON: Item number 2 is approval of

13 fiscal sufficiency in an -- of an aggregate

14 amount not exceeding 500 million dollars, State

15 of Florida, full faith and credit, State Board

16 of Education, Public Education Capital Outlay

17 Bonds.

18 COMPTROLLER MILLIGAN: Move Item 2.

19 TREASURER NELSON: And second.

20 GOVERNOR CHILES: It's moved and seconded.

21 Without objection, it's approved.

22 MR. HERNDON: Item number 3 is approval of

23 fiscal sufficiency not exceeding 90 million

24 dollars for the Department of Environmental

25 Protection, Save Our Coast Refunding Revenue

ACCURATE STENOTYPE REPORTERS, INC.

 

STATE BOARD OF ADMINISTRATION

July 14, 1998

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1 Bond, Series 1998A.

2 COMPTROLLER MILLIGAN: And move Item 3.

3 TREASURER NELSON: Second.

4 GOVERNOR CHILES: Moved and seconded.

5 Without objection, Item 3 is approved.

6 MR. HERNDON: Item number 4 is approval of

7 fiscal determination of an amount not exceeding

8 ten billion one hundred thousand dollar Florida

9 Housing Finance Corporation Housing Revenue

10 Bond, 1998 series, named College Park Apartments

11 Project.

12 Let me just note, Governor, for the record,

13 that two of the members of the State Board of

14 Administration are also non-voting Trustees of

15 First Housing Corporation, which is the

16 underwriting firm that participated in this

17 particular bond issue.

18 They did not vote on this issue, and

19 there's certainly no conflict as a result of

20 it. But for the record, so that it's clear.

21 TREASURER NELSON: Is --

22 May I ask a question, Governor?

23 GOVERNOR CHILES: Yes, sir.

24 TREASURER NELSON: Is that part of the

25 controversy that has arisen on this?

ACCURATE STENOTYPE REPORTERS, INC.

 

STATE BOARD OF ADMINISTRATION

July 14, 1998

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1 MR. HERNDON: Not to my knowledge,

2 Commissioner, no. It just simply was a

3 clarification for the record because you and

4 Commissioner -- and General Milligan are

5 non-voting members of that First Housing

6 Corporation Board.

7 I just wanted it clear that since you were

8 voting there, and you had also been members of

9 that Board, even -- albeit, non-voting members,

10 that there was no conflict.

11 TREASURER NELSON: Well, are there any

12 outstanding issues that have not been resolved

13 on this particular issue?

14 MR. HERNDON: My understanding is that

15 there is a final permit that is scheduled to be

16 obtained today. It has been held up pending a

17 second reading, as I recall, at the

18 Water Management District. It's my

19 understanding that that will be obtained today.

20 It's essentially a ministerial, second

21 reading step that has to be completed. Once

22 that's completed, there would be no further

23 steps remaining.

24 If, for some reason it is not --

25 (Commissioner Crawford exited the room.)

ACCURATE STENOTYPE REPORTERS, INC.

 

STATE BOARD OF ADMINISTRATION

July 14, 1998

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1 MR. HERNDON: -- completed as expected,

2 there are proposed deals pending at the Division

3 of Bond Finance that would substitute for this

4 proposal as need be.

5 TREASURER NELSON: So whatever were to

6 happen with regard to that permit, it would not

7 be jeopardizing the tax exempt bond allocation

8 in order --

9 MR. HERNDON: Precisely.

10 TREASURER NELSON: -- to fund this

11 affordable housing.

12 MR. HERNDON: Precisely. Exactly.

13 TREASURER NELSON: All right. If that --

14 does it make any difference for us with regard

15 to our action today as to whether or not that

16 permit has been issued?

17 In other words, I'm asking a timing

18 question.

19 MR. HERNDON: Not to my knowledge. If

20 you'd like, we can get some clarification from

21 the Housing Finance Corporation folks who are

22 here.

23 But to my knowledge, since it is a

24 ministerial function that is pending, not a

25 substantive review, that the timing is not

ACCURATE STENOTYPE REPORTERS, INC.

 

STATE BOARD OF ADMINISTRATION

July 14, 1998

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1 jeopardized by the action today.

2 GOVERNOR CHILES: Is there a second?

3 TREASURER NELSON: I second it.

4 GOVERNOR CHILES: Moved and seconded.

5 Without objection, it's approved.

6 MR. HERNDON: Item number 5 is submitted

7 for review and comment by the Board. It is the

8 proposed unfunded actuarial liability workplan

9 that was developed in conjunction with the

10 Division of Retirement, has been reviewed by the

11 House and Senate Appropriations Ways and Means

12 Committees, the House and Senate Government

13 Operations Committees, the Governor's Office of

14 Planning and Budgeting.

15 And in your role as Trustees and

16 fiduciaries, we wanted to ensure that you had

17 not only an opportunity to review this in its

18 full measure, but that the public was also aware

19 that this workplan was being adopted at the

20 staff and legislative and Division of Retirement

21 level.

22 Obviously we will be back to you as

23 Trustees and fiduciaries as this process unfolds

24 with reports and -- and so forth.

25 COMPTROLLER MILLIGAN: I, for one,

ACCURATE STENOTYPE REPORTERS, INC.

 

STATE BOARD OF ADMINISTRATION

July 14, 1998

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1 appreciate the information, Tom. Thank you.

2 MR. HERNDON: Thank you.

3 Thank you.

4 GOVERNOR CHILES: We're glad that this is

5 progressing. And --

6 MR. HERNDON: Thank you.

7 That completes the agenda, Governor.

8 GOVERNOR CHILES: All right. Is there a

9 motion on that?

10 TREASURER NELSON: I move it.

11 COMPTROLLER MILLIGAN: I don't think one is

12 necessary.

13 MR. HERNDON: We don't need to adopt it.

14 GOVERNOR CHILES: All right.

15 MR. HERNDON: It's just for your review and

16 comment.

17 GOVERNOR CHILES: All right. Thank you,

18 sir.

19 MR. HERNDON: Thank you.

20 (The State Board of Administration Agenda

21 was concluded.)

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ACCURATE STENOTYPE REPORTERS, INC.

 

DIVISION OF BOND FINANCE

July 14, 1998

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1 GOVERNOR CHILES: Division of Bond Finance.

2 MR. WATKINS: Item number 1 is approval of

3 the minutes of the June 24th meeting.

4 TREASURER NELSON: Move it.

5 SECRETARY MORTHAM: Second.

6 GOVERNOR CHILES: Moved and seconded.

7 Without objection, the minutes are

8 approved.

9 MR. WATKINS: Item number 2 is a resolution

10 authorizing the issuance of up to 500 million

11 dollars in PECO bonds, which is a current fiscal

12 year appropriations for that program; and the

13 competitive sale of 250 million of the

14 500 million dollar authorization.

15 SECRETARY MORTHAM: Move approval.

16 COMPTROLLER MILLIGAN: Second.

17 GOVERNOR CHILES: Moved and seconded.

18 Without objection, it's approved.

19 MR. WATKINS: Item number 3 is a resolution

20 authorizing the competitive sale of up to

21 90 million dollars in Save Our Coast Refunding

22 Bonds in order to achieve a lower interest rate

23 on the bonds.

24 SECRETARY MORTHAM: Move approval.

25 COMPTROLLER MILLIGAN: And second.

ACCURATE STENOTYPE REPORTERS, INC.

 

DIVISION OF BOND FINANCE

July 14, 1998

14

1 GOVERNOR CHILES: Moved and seconded.

2 Without objection, it's approved.

3 MR. WATKINS: Item number 4 is a resolution

4 authorizing the redemption prior to maturity of

5 some old State of Florida Nassau County road

6 bonds.

7 COMPTROLLER MILLIGAN: I move it.

8 GOVERNOR CHILES: It's moved.

9 SECRETARY MORTHAM: Second.

10 GOVERNOR CHILES: And seconded.

11 Without objection, it's approved.

12 MR. WATKINS: Thank you.

13 GOVERNOR CHILES: Thank you, sir.

14 (The Division of Bond Finance Agenda was

15 concluded.)

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ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

July 14, 1998

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1 GOVERNOR CHILES:

2 Department of Highway Safety.

3 MR. DICKINSON: Good morning.

4 Item 1 is approval of minutes from the

5 April 28th, '98 -- 1998, Cabinet meeting.

6 COMMISSIONER BROGAN: Move the minutes.

7 COMPTROLLER MILLIGAN: Second.

8 GOVERNOR CHILES: Moved and seconded.

9 Without objection, they're approved.

10 MR. DICKINSON: Item 2 is approval of our

11 quarterly report for the period ending

12 March 1998.

13 COMMISSIONER BROGAN: Move the item.

14 ATTORNEY GENERAL BUTTERWORTH: Second.

15 GOVERNOR CHILES: Moved and seconded.

16 Without objection, it's approved.

17 MR. DICKINSON: Item 3 is the appointment

18 of Dr. Larned to a four-year term on our

19 Highway Safety Medical Advisory Board.

20 COMMISSIONER BROGAN: Move the appointment.

21 ATTORNEY GENERAL BUTTERWORTH: Second.

22 GOVERNOR CHILES: Moved and seconded.

23 Without objection, it's approved.

24 MR. DICKINSON: Item 3 (sic) is approval of

25 a contract by the Attorney General with private

ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

July 14, 1998

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1 counsel for contingency fees on our forfeiture

2 litigation.

3 We're currently down to just three

4 private -- the Attorney General handles

5 everything in most of the other areas. But

6 where he doesn't, we have private attorneys,

7 pursuant to statute.

8 COMMISSIONER BROGAN: Move the item.

9 ATTORNEY GENERAL BUTTERWORTH: Second.

10 GOVERNOR CHILES: Moved and seconded.

11 Without objection, it's approved.

12 MR. DICKINSON: Item 5 is approval to enter

13 into new contracts with our motorcycle rider

14 training schools in several areas of the state

15 that exceed the $25,000 threshold.

16 COMMISSIONER BROGAN: Move approval.

17 ATTORNEY GENERAL BUTTERWORTH: Second.

18 GOVERNOR CHILES: Moved and seconded.

19 Without objection, it's approved.

20 MR. DICKINSON: That concludes our agenda.

21 Thank you.

22 GOVERNOR CHILES: All right.

23 (The Department of Highway Safety and Motor

24 Vehicles Agenda was concluded.)

25 *

ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF REVENUE

July 14, 1998

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1 SECRETARY MORTHAM: Governor --

2 GOVERNOR CHILES: Yes, ma'am.

3 SECRETARY MORTHAM: -- since this would

4 normally be where the Department of Revenue is,

5 would you have a problem with me just asking

6 them a question? They are here.

7 GOVERNOR CHILES: Not at all.

8 SECRETARY MORTHAM: Okay. I believe --

9 Bebe?

10 MS. BLOUNT: And Dr. Zingale.

11 (Commissioner Crawford entered the room.)

12 SECRETARY MORTHAM: Okay. Great.

13 The question that I have is regarding the

14 week of no sales tax on clothing after a certain

15 amount of money.

16 And I was just wondering if you could

17 enlighten us a little bit about where we're at

18 in that regard, and specific to -- I understand

19 New York has done something similar. And I was

20 wondering if we have interacted with them to

21 find out how we can best do this without too

22 much confusion.

23 I guess my -- my big concern is that the

24 lines and so forth at stores, you know, are

25 questioning what is taxable and what is not.

ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF REVENUE

July 14, 1998

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1 And I know -- I've read the statute where it

2 specifically stated what would not be considered

3 exempt.

4 But then when you look at your list, you've

5 got such things as, say, a leather glove would

6 be exempt, but a rubber glove would be taxable.

7 And I'm just -- I guess I'm just concerned

8 that somebody's -- I mean, we're going to have

9 long lines questioning where we're at on various

10 items.

11 DR. ZINGALE: Would you -- would you be

12 happy with just a rough, quick, 5-minute recap

13 of what's taken place so far in leading into

14 that question?

15 SECRETARY MORTHAM: (Nodding of head.)

16 DR. ZINGALE: If you could, a quick little

17 time line.

18 When the bill did pass, an examination of

19 it kind of gave a fairly simplistic definition

20 of what clothing was. It's something that you

21 wear around the -- around the body. It listed

22 footwear and apparel.

23 Then it had two sets of specific things

24 that would continue to be taxable, like

25 watchbands and jewelry and -- and things like

ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF REVENUE

July 14, 1998

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1 that that you would normally not consider

2 clothing, but accessories.

3 But then it went specifically into things

4 like, but that ties would still be taxable. And

5 most people would consider ties a taxable item.

6 It came in and said that buckled belts --

7 the buckles of the belt would be taxable, but

8 the belt itself would not be taxable. So there

9 were some specific things in there that raised

10 some question as to what clothing would be.

11 Also things like scarves and headbands,

12 which normal people would consider clothing,

13 were specifically defined in the statute as

14 being taxable. That caused us some concern.

15 We went to the Speaker's office, we went to

16 the President's office, and said, we're going to

17 need a dialogue, we're going to need some intent

18 here.

19 We met with David Beggs, Mark Casteel,

20 David Coburn, Michele Keating within a week of

21 the bill passing, and said, we need some intent

22 here. Help us understand a little more about

23 the definition of what clothing is.

24 They established a couple of rules for us.

25 Generally it was conceived to be clothing that

ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF REVENUE

July 14, 1998

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1 you would wear on the street. An emphasis was

2 given on clothing that children would wear to

3 schools. It was an intent to have this be

4 something that could be marketed just prior to

5 the school season.

6 We were told to look to New York as a

7 guide, work with the state of New York, go

8 through their clothing list, work with them if

9 we had some doubts, and then to come back to

10 them.

11 We talked to New York, we got their

12 statute, we got their rules, we got their list,

13 we started applying those general rules to that

14 list.

15 We came up to sporting equipment, another

16 odd one. These are athletic tennis shoes

17 children wear to school. Yeah, that should be

18 exempt. But how about the athletic equipment

19 that had spikes on them that deal with things

20 that you would wear --

21 (Treasurer Nelson exited the room.)

22 DR. ZINGALE: -- shoulder pads, helmets,

23 things like that.

24 And we got an expression that said, no,

25 that wasn't the general intent of what we were

ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF REVENUE

July 14, 1998

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1 trying to call clothing in this exemption.

2 We tried the best we could. We shared the

3 early lists with the staff. We had questions on

4 item by item that we went over with them. We

5 came up with a list.

6 At the same time, we were meeting with the

7 Florida Retail Federation, the National

8 Federation of Independent Businesses, the

9 Chamber, the Florida United Business

10 Association.

11 We've had two sets of meetings with them.

12 We had a conference call with a number of their

13 people from New York that had experienced this.

14 We started to identify other things that

15 you wouldn't think on a common sense basis would

16 be a big deal, but, you know, how about refund

17 policy, how about lay away, how about coupons

18 that are given to try to get the price under

19 50 bucks.

20 So we tried to work with them to identify

21 what all the administrative problems they had to

22 try to clearly lay out what those things would

23 be, and to set a clear policy.

24 What -- what we got from them was, tell us

25 early so we can prepare the computer to program

ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF REVENUE

July 14, 1998

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1 what's taxable and not taxable; tell us early so

2 we can train the staff to get ready for the

3 change. It's only going to be for seven days.

4 So we -- we tried to identify as many

5 problems as we felt that they would have, and to

6 come up with a clear statement so that we didn't

7 have one group of retailers doing one thing, and

8 another one doing another thing.

9 We established an educational program that

10 got our TIP out. The TIP went out -- well, we

11 put a 1-800 number up as early as June 17th. We

12 got our web site up June 19th. On July 1st and

13 3rd, we sent out our Taxpayer Information

14 Publication to try to provide clarification.

15 In terms of how well we've succeeded at

16 communicating things. As our full first week

17 after getting our informational bulletin, our

18 1-800 number last week only had about -- a

19 little under 200 phone calls coming in, and the

20 average phone call was only

21 two-and-a-half minutes, and they were just

22 generally asking for some clarification.

23 We have had three seminars out in the

24 field. The first one, July 6, had no one show

25 up; the second one down in Fort Myers had

ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF REVENUE

July 14, 1998

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1 164 show up; the one over in Jacksonville on

2 July 8th had only four show up.

3 So we generally got the feeling that both

4 the hard work that the Associations were doing

5 in getting the word out to their members, and

6 the work that we were doing trying to make it

7 publicly available was at least getting the

8 message out. It is tricky.

9 Some of these things are on a common sense

10 level, like ties aren't wearing apparel.

11 You know, how could ties not be wearing

12 apparel. Doesn't make common sense.

13 So you make a judgment by judgment basis,

14 based on what staff was telling us was the

15 general intent, based on what the

16 retail federations and that industry were

17 telling us problems they were going to have.

18 And you make the judgments you can, and you get

19 it out there as early and as quickly as

20 possible.

21 We think the lack of response coming back

22 in with tons of questions means that while every

23 item may not make common sense to everybody,

24 people are understanding what they're getting.

25 It's fairly clear to them what the intent of

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DEPARTMENT OF REVENUE

July 14, 1998

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1 what was going on. It's only for seven days.

2 What we hope to continue to do working with

3 the Retail Federation, and some of our media

4 that's going to happen a little bit before, is

5 try to emphasize to the public what is this

6 clear distinction so that when they do get

7 there.

8 One of our goals was that the expectation

9 of what a customer coming into the store was met

10 with when they met face-to-face with the retail

11 establishment there. We've got to educate their

12 staff, we've got to have the public awareness

13 there.

14 Dave Roberts from the Retail Federation is

15 here if you want to ask any questions of him.

16 But at this time, we're at the point where

17 it's out there, we're not getting a large cry

18 from the community to change things, or to do

19 things differently.

20 The press hasn't always found the best way

21 to portray some of these small issues. But we

22 do feel they are somewhat small issues. They

23 don't always make common sense, but the reading

24 of the law itself isn't intuitive.

25 That's a quick recap.

ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF REVENUE

July 14, 1998

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1 SECRETARY MORTHAM: Well, I think that that

2 is helpful. And the biggest concern, I think,

3 is -- is when people -- is when they go to the

4 store and they think --

5 DR. ZINGALE: Exactly.

6 SECRETARY MORTHAM: -- you know, they

7 believe one thing, the person behind the cash

8 register has something else. And it's just how

9 we're getting that information out.

10 It sounds like you're doing the best job

11 that you can.

12 DR. ZINGALE: And you'll see more of that.

13 You don't want to get that message out too

14 early, because people are going to forget.

15 You're going to see more of that the week

16 to 10 days prior to that week coming into play,

17 more of the public stuff in terms of

18 clarification.

19 SECRETARY MORTHAM: It would have been nice

20 if it had been just --

21 DR. ZINGALE: -- clothing.

22 SECRETARY MORTHAM: -- clothing.

23 DR. ZINGALE: Yes.

24 SECRETARY MORTHAM: Thanks.

25 DR. ZINGALE: Thank you.

ACCURATE STENOTYPE REPORTERS, INC.

 

DEPARTMENT OF REVENUE

July 14, 1998

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1 (The Department of Revenue Agenda was

2 concluded.)

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ACCURATE STENOTYPE REPORTERS, INC.

 

ADMINISTRATION COMMISSION

July 14, 1998

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1 GOVERNOR CHILES: All right. We're going

2 to skip over the Education Commission and take

3 it up last.

4 Go to the Administration Commission.

5 MR. BELCHER: Item number 1 on the

6 Administration Commission requests approval of

7 the minutes for the meeting held June 24th,

8 1998.

9 SECRETARY MORTHAM: Move approval.

10 ATTORNEY GENERAL BUTTERWORTH: Second.

11 GOVERNOR CHILES: Moved and seconded.

12 Without objection, they're approved.

13 MR. BELCHER: Item 2, request approval for

14 the transfer of general revenue appropriations

15 from the Department of Children and Families in

16 the amount of $73,595 to begin the Department's

17 migration to the statewide purchasing system.

18 SECRETARY MORTHAM: Move approval.

19 COMMISSIONER CRAWFORD: Second.

20 GOVERNOR CHILES: Moved and seconded.

21 Without objection, it's approved.

22 MR. BELCHER: Item 3, request approval for

23 the transfer of general revenue appropriations

24 for the Department of Corrections in the amount

25 of a million twenty-six thousand three hundred

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ADMINISTRATION COMMISSION

July 14, 1998

28

1 and eight dollars to realign the budget to

2 conform with Performance Based Budgeting

3 programs appropriated by the --

4 SECRETARY MORTHAM: Move --

5 MR. BELCHER: -- Legislature.

6 SECRETARY MORTHAM: -- approval.

7 COMMISSIONER CRAWFORD: Second.

8 GOVERNOR CHILES: Moved and seconded.

9 Without objection, that's approved.

10 MR. BELCHER: Item 4 requests approval of

11 the transfer of general revenue funds in the

12 amount of one million nine hundred and

13 ten thousand five hundred and twenty dollars to

14 ensure that adequate resources are provided to

15 school districts to meet the needs of adult

16 handicapped students and the work force

17 development programs.

18 COMMISSIONER BROGAN: Move approval.

19 SECRETARY MORTHAM: Second.

20 GOVERNOR CHILES: Moved and seconded.

21 Without objection, it's approved.

22 MR. BELCHER: Item number 5 requests the

23 transfer of the Nursing Student Loan Forgiveness

24 Program from the Department of Health to the

25 Department of Education in accordance with

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ADMINISTRATION COMMISSION

July 14, 1998

29

1 Senate Bill 484.

2 SECRETARY MORTHAM: Move approval.

3 COMMISSIONER BROGAN: Second.

4 GOVERNOR CHILES: Moved and seconded.

5 Without objection, that's approved.

6 MR. BELCHER: Item 6, request the approval

7 of the transfer of general revenue

8 appropriations for the Justice Administration --

9 Administrative Commission to correctly align the

10 budget to be consistent with legislative

11 work papers and intent.

12 SECRETARY MORTHAM: Move --

13 COMMISSIONER BROGAN: Move approval.

14 SECRETARY MORTHAM: -- approv-- second.

15 GOVERNOR CHILES: Moved and seconded.

16 Without objection, it's approved.

17 MR. BELCHER: Item number 7 requests the

18 approval of general revenue appropriations for

19 the Department of Juvenile Justice in the amount

20 of $194,901 to reestablish the case management

21 functions in the Department of Juvenile Justice.

22 SECRETARY MORTHAM: Move approval.

23 COMMISSIONER BROGAN: Second.

24 GOVERNOR CHILES: Moved and seconded.

25 Without objection, that's approved.

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ADMINISTRATION COMMISSION

July 14, 1998

30

1 MR. BELCHER: Item number 8 requests the

2 approval of the transfer of general revenue

3 appropriations for the Florida Department of Law

4 Enforcement to continue the realignment of an

5 organizational structure pursuant to

6 Chapter 97-153, Laws --

7 SECRETARY MORTHAM: Move approval.

8 MR. BELCHER: -- of Florida.

9 COMMISSIONER BROGAN: Second.

10 GOVERNOR CHILES: Moved and seconded.

11 Without objection, that's approved.

12 MR. BELCHER: Item number 9 is an issue

13 dealing with Homestead Air Force Base reuse

14 plan, and we're requesting the deferral of this

15 item till the July 28 --

16 SECRETARY MORTHAM: Move deferral.

17 MR. BELCHER: -- 1998, meeting.

18 COMMISSIONER BROGAN: Second.

19 GOVERNOR CHILES: Moved and seconded.

20 Without objection, the item is deferred.

21 (The Administration Commission Agenda was

22 concluded.)

23 *

24

25

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BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

July 14, 1998

31

1 GOVERNOR CHILES: Board of Trustees.

2 MS. WETHERELL: Item 1, minutes.

3 SECRETARY MORTHAM: Move --

4 COMMISSIONER BROGAN: Move the minutes.

5 Second.

6 GOVERNOR CHILES: Moved and --

7 COMMISSIONER BROGAN: Seconded. Yes, sir.

8 GOVERNOR CHILES: -- seconded.

9 Without objection, it's approved.

10 MS. WETHERELL: Item 2 are five option

11 agreements for the Wekiva-Ocala CARL project.

12 And I need for the record to note a

13 correction. Commissioner Brogan's office

14 brought to our attention that there was a minor

15 acreage discrepancy in your staff remarks in the

16 first paragraph, the acreage remaining and the

17 acreage acquired.

18 I need to, for the record, state that the

19 acreage is 32,053.86 acres already acquired; and

20 34,918.76 acres remaining.

21 Thank you.

22 SECRETARY MORTHAM: Move approval.

23 GOVERNOR CHILES: Moved and seconded.

24 COMMISSIONER BROGAN: Second.

25 GOVERNOR CHILES: Without objection, it's

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BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

July 14, 1998

32

1 approved.

2 MS. WETHERELL: Item 3 is 25 option

3 agreements for the Corkscrew Ecosystem CARL

4 project.

5 SECRETARY MORTHAM: Move approval.

6 COMMISSIONER BROGAN: Second.

7 GOVERNOR CHILES: Moved and seconded.

8 Without objection, it's approved.

9 MS. WETHERELL: Item 4, an option agreement

10 for Charlotte Harbor CARL project, and a waiver

11 of survey.

12 COMMISSIONER BROGAN: Move approval.

13 SECRETARY MORTHAM: Move approval.

14 COMMISSIONER BROGAN: Second.

15 GOVERNOR CHILES: Moved and seconded.

16 Without objection, it's approved.

17 MS. WETHERELL: Item 5 is an option

18 agreement for Shell Island Recreation and Parks

19 Addition, and a waiver of survey.

20 SECRETARY MORTHAM: Move approval.

21 COMMISSIONER BROGAN: Second.

22 GOVERNOR CHILES: Moved and seconded.

23 Without objection, it's approved.

24 MS. WETHERELL: Item 6, a purchase

25 agreement for Coupon Bight Key Deer CARL

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BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

July 14, 1998

33

1 project, and a waiver of survey.

2 SECRETARY MORTHAM: Move approval.

3 COMMISSIONER BROGAN: Second.

4 GOVERNOR CHILES: Moved and seconded.

5 Without objection, it's approved.

6 MS. WETHERELL: Substitute Item 7,

7 Rotenberger/Seminole Indian Lands Acquisition

8 Delegation.

9 SECRETARY MORTHAM: Move approval.

10 COMMISSIONER BROGAN: Second.

11 GOVERNOR CHILES: Moved and seconded.

12 Without objection, it's approved.

13 MS. WETHERELL: Item 8, four purchase

14 agreements for the Department of

15 Management Services.

16 SECRETARY MORTHAM: Move approval.

17 COMMISSIONER BROGAN: Second.

18 GOVERNOR CHILES: Moved and seconded.

19 Without objection, it's approved.

20 MS. WETHERELL: Substitute Item 9, we're

21 recommending deferral till July 28.

22 COMMISSIONER BROGAN: Move deferral.

23 COMPTROLLER MILLIGAN: Second.

24 GOVERNOR CHILES: Moved and seconded.

25 Without objection, Item 9 is deferred.

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BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

July 14, 1998

34

1 MS. WETHERELL: And Substitute Item 10,

2 also recommending deferral to July the 28th.

3 COMMISSIONER BROGAN: Move deferral of

4 Item 10.

5 COMMISSIONER CRAWFORD: Second.

6 GOVERNOR CHILES: Moved and seconded.

7 Without objection, Item 10 is deferred.

8 MS. WETHERELL: That concludes it.

9 Thank you.

10 (Secretary Mortham exited the room.)

11 COMMISSIONER BROGAN: What about Item 11,

12 Secretary?

13 MS. WETHERELL: I guess I wanted to skip

14 it.

15 COMMISSIONER BROGAN: And I will move

16 deferral of Item 11 to the July 28th meeting.

17 COMPTROLLER MILLIGAN: And I'll second.

18 MS. WETHERELL: Thank you.

19 GOVERNOR CHILES: Moved and seconded.

20 Without objection, Item 11 --

21 MS. WETHERELL: I'm glad it wasn't

22 controversial.

23 COMMISSIONER BROGAN: That was going to be

24 your recommendation, wasn't it?

25 MS. WETHERELL: Yes, it was.

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BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

July 14, 1998

35

1 Thank you.

2 (The Board of Trustees of the Internal

3 Improvement Trust Fund Agenda was concluded.)

4 *

5

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MARINE FISHERIES COMMISSION

July 14, 1998

36

1 GOVERNOR CHILES: Marine Fisheries.

2 DR. NELSON: Good morning.

3 The item that you have before you today

4 dealing with shrimp bycatch reduction devices

5 was a subject at the last meeting.

6 The rule was passed, and then the item was

7 deferred to allow for a consideration of a legal

8 question. That question dealt with whether

9 there was any legal avenue to allowing

10 exceptions to the 500 square feet limitation put

11 in place by the Constitutional Amendment of

12 1994.

13 (Treasurer Nelson entered the room.)

14 DR. NELSON: Our General Counsel met with

15 Assistant Attorney General Jon Glogau, the

16 Governor's General Counsel, to review the

17 issue. They reviewed the Constitutional

18 amendment and existing case law.

19 And their determination was that, no, there

20 is no legal avenue to offer an exception to the

21 500 square feet limitation.

22 COMMISSIONER CRAWFORD: Who did you meet

23 with in the Governor's office?

24 DR. NELSON: Excuse me, Commissioner?

25 COMMISSIONER CRAWFORD: Who was the counsel

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MARINE FISHERIES COMMISSION

July 14, 1998

37

1 in the Governor's office?

2 DR. NELSON: Dan Stengle, the Governor's

3 General Counsel, met.

4 GOVERNOR CHILES: It's my understanding

5 that there -- there are two exclusion devices

6 that could be used?

7 DR. NELSON: There are current--

8 GOVERNOR CHILES: Two methods --

9 DR. NELSON: There are currently two. And

10 there are a number of others in the offing that

11 once this rule became in place, we have a -- it

12 will facilitate the fast track acceptance of

13 those when they're approved by the National

14 Marine Fishery Service.

15 GOVERNOR CHILES: Right.

16 My understanding is that one of these

17 involves actually putting some pleats in, or

18 something, which could reduce the net size. But

19 there's one that is a -- a different kind of

20 device --

21 DR. NELSON: One is a very simple --

22 GOVERNOR CHILES: Metal.

23 DR. NELSON: -- metal device that goes in

24 the net. The other one --

25 GOVERNOR CHILES: And the metal device does

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MARINE FISHERIES COMMISSION

July 14, 1998

38

1 not really take away from the net size?

2 DR. NELSON: No, it doesn't.

3 The other device, the extended mesh funnel,

4 consists of mesh on the outside of the net, as

5 well as mesh on the inside.

6 Now, the Commission already determined that

7 that mesh -- additional mesh on the inside of

8 the net that that device requires would not be

9 counted in the 500 square feet, because it was

10 not a fishing surface.

11 But there are two ways --

12 (Secretary Mortham entered the room.)

13 DR. NELSON: -- to rig it. It can be

14 rigged within a net of 500 square feet. There

15 are those who would prefer to add extra length

16 to the net when they insert that device. And

17 that was the problematic issue.

18 It -- but it can -- it has been used, we

19 have Phil Steele here, who is the

20 chief scientist from the Florida Marine Research

21 Institute, has worked on these nets, if there

22 are any -- any other technical questions.

23 GOVERNOR CHILES: Well, it does seem like

24 that there are two devices --

25 DR. NELSON: Correct.

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MARINE FISHERIES COMMISSION

July 14, 1998

39

1 GOVERNOR CHILES: -- that the fishermen

2 could elect to use, one of which would not take

3 additional --

4 DR. NELSON: Under no circumstances would

5 the Florida fish eye excluder require any

6 additional mesh at all.

7 GOVERNOR CHILES: Further discussion?

8 DR. NELSON: Thank you.

9 GOVERNOR CHILES: Thank you, sir.

10 (The Marine Fisheries Commission Agenda was

11 concluded.)

12 *

13

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STATE BOARD OF EDUCATION

July 14, 1998

40

1 GOVERNOR CHILES: State Board of Education.

2 MR. PIERSON: Item 1 is minutes of the

3 meetings held on May 12th and May 28th, 1998.

4 COMMISSIONER BROGAN: Move the minutes.

5 SECRETARY MORTHAM: Second.

6 COMPTROLLER MILLIGAN: Second.

7 GOVERNOR CHILES: Moved and seconded.

8 Without objection, the minutes are

9 approved.

10 MR. PIERSON: Item 2 is appeal of the

11 Rader Schools, Incorporated, which was denied by

12 the Duval County School Board.

13 The State Board of Education considers

14 appeals of denials of charter school

15 applications pursuant to 96-186, Laws of

16 Florida.

17 As prescribed by law, Florida School Boards

18 are given authority to grant approval to

19 applicants who wish to operate charter schools

20 within a district.

21 A further provision of the law allows an

22 applicant who has been denied a charter the --

23 (Treasurer Nelson exited the room.)

24 MR. PIERSON: -- right to appeal the

25 School Board's decision of the State Board of

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STATE BOARD OF EDUCATION

July 14, 1998

41

1 Education.

2 Based on the written record and oral

3 argument presented at this meeting, the

4 State Board must vote to recommend acceptance or

5 rejection of the appeal to the School Board.

6 The vote requires a simple majority of the

7 the members, and by law, is not subject to the

8 provisions of the Administrative Procedures Act.

9 The rule governing the appeal process was

10 unanimously adopted by the Cabinet, sitting as

11 the State Board of Education, on December 10th,

12 1996.

13 It very clearly states how this hearing

14 must proceed, and it specifies the following

15 limitations, which must be respected by the

16 applicant, the District School Board, and the

17 representatives.

18 A Notice of Appeal must be based on errors

19 the applicant charges the School Board made in

20 its decision to deny the charter.

21 The written arguments submitted by the

22 applicant to the State Board is limited to

23 discussion of those errors.

24 The record of this proceeding is limited to

25 the written arguments, the charter school

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STATE BOARD OF EDUCATION

July 14, 1998

42

1 application itself, and transcripts of meetings

2 before the District School Board.

3 At this hearing, a representative of each

4 party may give oral argument. Oral argument is

5 limited to a summary of the written arguments

6 previously submitted to the School Board. Each

7 side is being requested to keep their

8 presentation to 10 minutes today to present its

9 summary.

10 After the summaries are presented, a vote

11 will be taken, and a written recommendation of

12 the vote will be returned to the District

13 School Board.

14 Representing Rader Schools, Incorporated,

15 is Dr. Bill Rader.

16 DR. RADER: Good morning.

17 I want to thank the State Board of

18 Education for hearing our appeal.

19 As you know, the Rader Schools submitted a

20 charter school application to Duval County

21 School Board, and on March 17th, it was denied.

22 We feel that that denial is a -- a

23 misjustice, in essence. It's not based upon the

24 application or the information that we provided

25 to them, but it seems to be based on a process

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STATE BOARD OF EDUCATION

July 14, 1998

43

1 of not reviewing our document thoroughly, and

2 not understanding or accepting the commitments

3 that we have made during oral presentations to

4 them.

5 I will go through -- there are six areas in

6 which they have specified that they are -- are

7 using as a basis for their denial. I'd like to

8 address briefly just each of those six.

9 The first is that there is a lack of

10 community representation on the School --

11 Charter School Board. We stated in our oral

12 presentation that we would agree to having

13 51 percent -- a minimum of 51 percent of the

14 School -- the Charter School Board to be local

15 members. Matter of fact, that request was made

16 of us of the review committee, and we agreed to

17 do so.

18 Our actual plan is that the school --

19 Charter School Board will consist of six

20 members. There will be two parents; two

21 representations from the Police Athletic League,

22 which is our partner -- and I'll address that in

23 a few minutes; and two other members

24 representing ourselves.

25 The second item deals with the fact that

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STATE BOARD OF EDUCATION

July 14, 1998

44

1 they have identified in their comments that we

2 have excessive administrative costs in our

3 proposal.

4 (Treasurer Nelson entered the room.)

5 DR. RADER: So we went back and actually

6 recalculated the administrative costs. They

7 specified that we have an administrative cost of

8 a little over 15 percent, 15.8 percent. They

9 miscalculated our administrative costs.

10 The actual administrative cost is

11 14.9 percent. But assuming that they just made

12 the error there, we compared our administrative

13 costs with those administrative costs with -- of

14 the charter school application that they had

15 approved.

16 And in that application, which was

17 submitted by a firm called Creative Kids, their

18 administrative cost was 22 percent, which seemed

19 to be okay. But then I don't understand exactly

20 how 14 percent can be excessive if 22 percent is

21 okay.

22 Another area that they have identified as

23 being the basis for their denial is that they

24 looked at our learning objectives and said that

25 they were too low.

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STATE BOARD OF EDUCATION

July 14, 1998

45

1 But, in fact, in their wording, they have

2 actually left off the baseline upon which we are

3 measuring our students' success. Our baseline

4 is based upon how well the students are

5 succeeding in the public schools before they

6 come to us. That success in the public schools

7 is our baseline.

8 We measure all of our students' success on

9 how much they improve in our school over where

10 they were when they were in the other public

11 schools in Duval public school system.

12 In fact, our academic objectives state that

13 36 percent of our students will improve

14 academically in our charter school, as compared

15 with where they were when they were in the

16 public schools of Duval. If they aren't in the

17 Duval public schools, we expect a minimum of

18 36 percent to be successful in our school.

19 Thirty-six percent of our students will

20 attend more often. Truancy is a major problem.

21 We say that we can bring students into the

22 public schools more often than they are now in

23 the public schools.

24 So getting them in school, being

25 academically successful.

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STATE BOARD OF EDUCATION

July 14, 1998

46

1 (Treasurer Nelson exited the room.)

2 DR. RADER: Another area that -- of our

3 objectives that they were concerned about was --

4 dealt with the one room, one -- one teacher, one

5 room schoolhouse concept.

6 Now, most of you understand that when

7 you're dealing with destructive students who are

8 at risk, that the more that they can move around

9 in a school building, the more likely they are

10 to be disruptive in nature.

11 Our concept is to have one teacher work

12 with the students for the entire day. If it's

13 necessary to move around to have different

14 teachers teach the students, we don't move the

15 students, we move the teachers.

16 The idea is to keep down the disruption,

17 keep down the distractions, keep down the time

18 in which students can cause problems among

19 themselves.

20 The second part of that process says that

21 we -- we are failing to provide certified

22 teachers in our application. Our application

23 clearly states that we will be providing

24 certified teachers.

25 The application goes on to say that we will

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STATE BOARD OF EDUCATION

July 14, 1998

47

1 show those certifications to the parents when

2 they register their children to our school.

3 It even further goes on to say that we will

4 post those teacher certifications in the

5 teacher's classrooms.

6 So how can they say we're not going to have

7 certified teachers if we're going to post the

8 certifications?

9 Another area that they have identified as

10 being of concern to them is that they have said

11 that we -- I've not shown a commitment to

12 fulfilling the Court ordered desegregation plan

13 that the Duval public schools is under.

14 When we were first given the application

15 process, we were given a copy of the Court

16 ordered desegregation plan. We were told that

17 all charter schools must abide by that plan.

18 We agreed to do so at that time. It was a

19 given to us. It was like buying a car. We

20 assume there's four tires on that car. So it's

21 a given.

22 We later were asked in the review process

23 if -- if we would agree to fulfilling the

24 Duval -- the desegregation plan. We again said,

25 yes, we will do so.

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STATE BOARD OF EDUCATION

July 14, 1998

48

1 Finally, there is a -- a concern that

2 they've addressed as one of their bases as being

3 a lack of community support. I'd like to tell

4 you about our community support.

5 Our partner in this entire process has been

6 the Police Athletic League of Jacksonville. The

7 Police Athletic League of Jacksonville began an

8 association with us almost immediately when we

9 began developing our charter school

10 application.

11 Over the past six months, we have developed

12 a very close relationship. The Police Athletic

13 League of Jacksonville has been a successful

14 operation there since 1972. They're governed by

15 a volunteer board, they're a nonprofit

16 organization, they serve 10,500 students

17 annually in the Duval public schools.

18 They are staffed with seven police officers

19 provided by the Sheriff's Department, six

20 full-time employees, twelve part time employees,

21 and over 400 volunteers that's mostly

22 community -- community leaders and parents that

23 are volunteering to work with these children.

24 Our charter school will be housed at the

25 Police Athletic League of Jacksonville. This

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STATE BOARD OF EDUCATION

July 14, 1998

49

1 will give the students an opportunity to not

2 only be educated with the police presence, but

3 police will participate in the educational

4 process itself.

5 For teachers and for administrators of

6 public schools, we have talked for years about

7 developing partnerships. This is a perfect

8 partnership that we see.

9 I would like to point out in the audience

10 that we do have several people here that are

11 representing the PAL organization. They've been

12 here with us almost each and every time.

13 Mr. Alton Yates, who is the

14 Executive Director of the Police Athletic League

15 of Jacksonville is here; Mr. Darryl Henderson,

16 who is a Leadership Director of the Police

17 Athletic League of Jacksonville; and

18 Officer Thigpen from the Sheriff's Department of

19 the Duval Sheriff's Department.

20 Our partnership is very important to us.

21 We would like to expand that partnership and

22 have the partnership be a three-way

23 partnership: The charter school, the public

24 school, and the Police Athletic League.

25 A little bit about us before I -- I stop.

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STATE BOARD OF EDUCATION

July 14, 1998

50

1 The Rader Schools has been in operation for

2 two years. We operate the largest charter

3 school for at-risk kids in the state of Florida

4 now.

5 We started in Okaloosa County because

6 they -- Okaloosa County School Board asked us to

7 come in and help them with their problem of

8 dealing with disruptive kids in the schools.

9 We came in two years ago. This past year,

10 they approved us as a charter. Our initial

11 agreement was that we would serve 60 students.

12 At the end of the first year, we were at

13 258 students registered by their parents, by

14 choice, to our school.

15 Today we're at 330 students. We're almost

16 at maximum capacity already. We have had some

17 phenomenal success with our school.

18 Just to give you some examples: We have

19 79 percent of our parents say that they are

20 happy and more satisfied with the education in

21 our charter school than they were when the

22 students were in the other public schools.

23 We have had 61 percent fewer suspensions of

24 our students in Okaloosa County than before they

25 came to us. Sixty-one percent of the students

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STATE BOARD OF EDUCATION

July 14, 1998

51

1 that came to us had fewer suspensions. They

2 were off the roads.

3 Eighty-six percent of our students improved

4 their academic ability during one year at our

5 school. We're already setting them on the town

6 of being successful.

7 And lastly, I would like to say that this

8 past month, we graduated seven students from a

9 charter school for at-risk kids who probably

10 would not have graduated from public school.

11 At least one of them is already in a

12 community college with a four-year scholarship.

13 I think it is very important that we look at

14 opportunities, look at creative programs, and

15 I think we have one.

16 If you look at the reasons why Duval

17 turned -- denied our application, I think they

18 are unjust, unfound, and in error.

19 Thank you.

20 MR. PIERSON: Representing Duval County

21 School Board, we have Associate Superintendent,

22 Dr. Cline.

23 MR. CLINE: Good morning.

24 GOVERNOR CHILES: Good morning.

25 MR. CLINE: My name is Charles Cline. I'm

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STATE BOARD OF EDUCATION

July 14, 1998

52

1 the Associate Superintendent for Instruction

2 with the Duval County Public Schools.

3 First, I want to emphasize the Duval County

4 School District strong support for schools of

5 choice. The District has 81 magnet school

6 programs, and schools with magnet programs that

7 provide more than 15,000 students with exciting

8 and meaningful educational opportunities that

9 the students and their parents can select.

10 The District also has a strong policy on

11 encouraging special transfers for students who

12 desire to enroll in a school outside their

13 immediate neighborhood. And over 8,000 students

14 are taking advantage of that -- of that policy.

15 We have three charter schools in operation,

16 and a fourth one that has just been approved and

17 set to go in the '98-'99 school year. And,

18 therefore, we'll have over 400 students in

19 charter schools.

20 It is a standard practice for the staff

21 member who directly oversees the charter schools

22 process to work closely with applicants, and to

23 encourage them. He does assist them in

24 identifying local and district educational

25 needs.

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1 The person provides extensive orientation

2 about the application process, and he does

3 provide information on our desegregation

4 requirements. And those requirements are

5 clearly explained and the import-- and the

6 significance of those requirements.

7 He gives technical assistance in the

8 preparation of the applicant's proposal.

9 But what I think the District is most proud

10 of is the systematic follow-up and support for

11 our approved charter schools. Hundreds of

12 man-hours are spent in supporting the District's

13 charter schools through technical meetings for

14 information. There are -- those technical

15 meetings are held on a regular basis.

16 Problem solving sessions as needed range

17 from food service to educational assessment

18 issues; teacher training and coaching is made

19 available to those charter schools; and school

20 site visitations are conducted by appropriate

21 staff.

22 And any other special meetings are arranged

23 at charter -- at a charter school's request.

24 The District's consistent, proactive, and

25 strong support for schools of choice can't be

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1 refuted just by the fact that the District

2 denied the Rader School, Inc., a charter

3 application.

4 It is true that the District is careful

5 about who it approves because the Dist-- the

6 District, our students, have to live with the

7 consequence of a decision to give an applicant a

8 school charter.

9 I believe the most important fact about

10 this matter is that the Board made a

11 knowledgeable decision.

12 The Duval County School Board did have all

13 applications, committee comments, ratings, the

14 applicant's videotaped interviews. They had all

15 of that information to evaluate.

16 The Rader Group did know about the

17 committee's concerns and the basis for the

18 committee's unwillingness to recommend them to

19 the Board for a charter prior to the

20 School Board meeting.

21 The Rader Group, Inc., did write the

22 Superintendent and the Board prior to that

23 meeting in an attempt to explain away the

24 committee's basis for not recommending them.

25 The Board did extensively discuss

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1 The Rader Group application, and was aware of

2 their explanations.

3 The School Board did vote to deny

4 The Rader Group advancement to the contract

5 negotiation stage, even after this extensive

6 debate, and even after an amendment to add them

7 to the list was made by one of the Board

8 members.

9 The Board did, after a careful

10 consideration of all available information, did

11 approve the committee's recommendation, and

12 instructed the staff to develop a contract with

13 one applicant that the committee recommended at

14 this time.

15 The School Board carried out its

16 responsibility to carefully review all

17 applicants, and select what they collectively

18 believed was the best for their system's

19 children.

20 In addition, the review committee's

21 concerns about The Rader Group School, Inc.'s,

22 application were valid. There was little or no

23 evidence of local support and involvement

24 present in the written application at the time

25 that that application was submitted, even though

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1 this part of the application is clearly a

2 significant component of the District's

3 application procedures, and applicants are told

4 specifically what the reviewers will look for in

5 evaluating their proposals.

6 This information which now appears so

7 evident was lacking in their application, and,

8 indeed, during their oral interviews. It was

9 not a great explanation about this relationship

10 which now has -- appears to be flowering.

11 The controlling board of The Rader School,

12 Inc., had no community representation. The

13 Rader Group, Inc., appeared to be the only one

14 represented on the Board. Again, although local

15 community representation is specifically asked

16 for in the applications process and format.

17 The learning objectives that Dr. Rader

18 talked about -- their level was not impressive

19 to the committee, primarily because similar

20 District programs that deal with at-risk

21 students have achieved greater level of success

22 already.

23 And what we were looking for, obviously,

24 was innovation, and certainly more success for

25 our students than was indicated in the learner

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1 objectives.

2 The majority of the students at the Rader

3 school would be standard students. And another

4 cohort would -- was indicated would be

5 exceptional education students. Such student

6 groups would need teachers who are specifically

7 certified in their -- their subject areas,

8 and/or areas of disability.

9 Such varied certification requirements

10 appeared to the committee to be difficult to

11 achieve, utilizing the Rader School, Inc.'s, one

12 teacher, one classroom model.

13 The Rader School, Inc., did not present any

14 evidence of a plan, written or oral, that

15 indicated a strong commitment and/or possibility

16 to achieve a District's legal -- legal

17 obligation to meet its desegregation goals.

18 Duval County is under a very strict Court

19 order to meet a specific set of desegregation

20 goals in operating and opening any new school.

21 GOVERNOR CHILES: Mr. Superintendent, what

22 kind of plan was presented by the two charter

23 schools that you have that are all black? Did

24 they present a specific plan?

25 MR. CLINE: We do not have any schools that

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1 are all black currently, were charter schools.

2 And the one -- we've now been requested and --

3 and strongly required to have some indication

4 about what steps the charter applicant will take

5 to ensure that the schools do open and achieve

6 these goals.

7 In fact, any school -- any of the existing

8 charter schools who are failing to meet those

9 goals have now been issued a letter by the

10 Superintendent that unless such a plan is

11 prepared and implemented to the satisfaction of

12 the District staff and the General Counsel,

13 that's -- those schools may have to be closed.

14 We do not want to have to repeat that again with

15 any of our new applicants.

16 As I indicated in conclusion, I believe

17 that the Board did act responsibly in not

18 approving the chart-- Rader School's, Inc.,

19 application.

20 The State law specifies that the Board as

21 the legal sponsor of its charter schools has a

22 legal and moral responsibility, subject to

23 appeal, to exercise care and informed judgment

24 in awarding organizations such charters.

25 It is in the best interest of the children

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1 of Duval County that the School Board be allowed

2 to proceed in a deliberate and prudent and wise

3 manner in deciding who it allows to educate its

4 County's children.

5 Remember, we and our children have to live

6 with the consequences of the decision on which

7 applicant gets a charter school.

8 Thank you.

9 GOVERNOR CHILES: Mr. Superintendent, did

10 you consider the fact that there is an existing

11 charter school that's run by these same people,

12 and did you look at that school?

13 MR. CLINE: Yes, sir, I did call -- I

14 personally called. And --

15 GOVERNOR CHILES: Yes, sir.

16 MR. CLINE: -- my understanding, it started

17 out as a contract school, sir.

18 GOVERNOR CHILES: Yes, sir. But it is a --

19 is it a charter school now?

20 MR. CLINE: I am not aware. That's in

21 Okaloosa County. I'm not aware whether they

22 call it -- count it now as a charter or a

23 contract school. But it started out as a

24 contract school.

25 In fact, our interest in -- first

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1 initial --

2 (Treasurer Nelson entered the room.)

3 MR. CLINE: -- interest, as I understand it

4 from our staff member, in The Rader Group was

5 because of their past history of running

6 contract schools, specifically for at-risk

7 students.

8 SECRETARY MORTHAM: Governor, I -- I'd like

9 to ask a question.

10 What is the difference -- I mean, I

11 don't -- I don't know what a contract school is

12 versus a charter school.

13 Can you tell me what that is?

14 MR. CLINE: Well, usually a contract school

15 does not really require the -- the amount of

16 local support and partnership that we like to

17 see. That's -- it's usually a private vendor,

18 an Edison -- I don't know if you've heard about

19 the Edison model schools -- or a group of

20 businessmen, educators get together, and they --

21 they take over a school, you know, in a

22 particular school district, under a specific --

23 with a specific contract.

24 That's a major -- it's usually a

25 corporation or a vendor that does --

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1 SECRETARY MORTHAM: So are you saying that

2 the Okaloosa school is a contract school, or a

3 charter school?

4 MR. CLINE: I cannot -- I was told that

5 that's how it started, yes. I don't --

6 SECRETARY MORTHAM: Well, is it now a

7 charter school, or is it a contract school?

8 MR. CLINE: I don't know that -- that

9 answer. I can't answer for Okaloosa County.

10 COMPTROLLER MILLIGAN: Governor, may I

11 follow-up on that for a second?

12 GOVERNOR CHILES: Yes, sir.

13 COMPTROLLER MILLIGAN: With the reference

14 to the community support, referring to the

15 contract versus the charter school.

16 One of the issues here is apparently

17 community support. And the Board indicated that

18 they didn't feel that they had community

19 support.

20 And I -- I'd like to just understand really

21 in my own mind how the P-A-L doesn't step up to

22 being a -- a community support vehicle to,

23 in fact, reach the level of community support

24 required for the charter school program, as you

25 make the difference between charter and

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1 contract.

2 MR. CLINE: Yes.

3 Mr. Milligan, I think the Board, as well as

4 the committee, if it had that information at

5 that time -- you know, there's only a certain

6 period of time that we have in order to make a

7 decision.

8 I think in order to be fair to all the

9 other applicants, we could continue to expand

10 that time, go on and on until all of the

11 deficiencies are remedied.

12 At the time that the application was

13 submitted, even though we had worked very

14 carefully with The Rader Group, there was no

15 evidence that they had any community support,

16 even though it is a major or significant

17 component --

18 COMPTROLLER MILLIGAN: And you certainly --

19 MR. CLINE: -- application.

20 COMPTROLLER MILLIGAN: -- and you certainly

21 would consider that support being major

22 community support then.

23 MR. CLINE: At -- at this time if we had

24 that information.

25 COMPTROLLER MILLIGAN: Uh-hum.

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1 MR. CLINE: We did not have that

2 information --

3 GOVERNOR CHILES: You did have -- but did

4 you -- didn't you have that information by the

5 time the Board voted?

6 My understanding was that you had -- your

7 committee issued their sort of report and their

8 findings to the proponents, and that they then

9 replied to that, and that that report was issued

10 before the School Board took its -- its vote.

11 MR. CLINE: It was issued to the Board,

12 yes. And they did -- they did consider it. If

13 you --

14 GOVERNOR CHILES: Did you hear --

15 MR. CLINE: -- if you saw --

16 GOVERNOR CHILES: -- did you hear from them

17 then before -- before the School Board made its

18 decision?

19 MR. CLINE: I had a visit indicating that a

20 facility would be made available to them. I did

21 not know the extent of the -- of the

22 relationship.

23 We -- I did have one visit prior -- prior

24 to that that -- that a very nice facility would

25 be made available which The Rader Group would --

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1 would rent.

2 I did inform all committee members to see

3 if that would change their response. I did not

4 hear anything back from them.

5 That information was shared with the Board

6 and discussed at the Board meeting. And

7 considering all factors, they still moved ahead

8 and they -- to deny their -- their application

9 at this time.

10 The info-- if we'd have had all of that

11 evidence through the evaluation process, and on

12 a timely basis, we might -- we might have been

13 able to make a -- kind of arrive at a different

14 decision.

15 But that would be true of all of the

16 applicants that we -- that applied. If we could

17 remedy and spend enough time to remedy all of

18 their deficiencies.

19 There is only so much time provided for the

20 law in order for them to have the time to

21 appeal.

22 COMPTROLLER MILLIGAN: But that --

23 GOVERNOR CHILES: Well, obviously, what --

24 you know, what we're looking for is the best

25 charter schools that we can find.

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1 MR. CLINE: We are, too, sir.

2 GOVERNOR CHILES: And -- yes, sir. I mean,

3 all of us should be looking for that.

4 And -- and I don't think we're looking to

5 just see how we keep someone from getting an

6 application.

7 MR. CLINE: That's true, sir.

8 GOVERNOR CHILES: That I think is one

9 reason that maybe, you know, your committee made

10 its recommen-- or gave its findings to the

11 proponents of the school before the Board had

12 actually taken its vote.

13 And it seems to me that it would be wise,

14 when an application is filed, for someone to

15 look at that application and say, we think

16 you're deficient in two, three, and four, and

17 then render some time in which they could fill

18 that.

19 The hard decision for us -- we've done --

20 only sent one of these back, I believe, to a

21 School Board since it's come back. We've upheld

22 the School Board on every other one, and prone

23 to look in that direction.

24 At the same time, when we find one that has

25 a successful track record somewhere, and it

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1 appears from what we've heard when you see

2 something like no community support, and then

3 you see the Police Athletic League, which we all

4 know something about in Duval County, which has

5 been a very successful operation for lo a number

6 of years, then, you know, we begin to wonder,

7 what the heck's going on?

8 Obviously somebody got off the track, and I

9 don't know whether it's personality or what.

10 But -- but this is very difficult for us

11 to -- to be able to understand, and I have not

12 heard you say this morning -- let me say, in the

13 findings of the Board, anything that -- that we

14 don't think has kind of been answered.

15 And so, you know, it's hard for us to get

16 our minds around why this is turned down. Now,

17 it looks -- they probably missed this September

18 already regardless.

19 But it -- it looks like to me that

20 the Board ought to take another look at this

21 application now, and determine, you know,

22 whether they're -- whether it meets all these

23 qualifications.

24 MR. CLINE: Well, sir, I think that's

25 always been staff's plan, to continue to work

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1 with anyone who's interested in opening a

2 charter school.

3 We have -- we have done that in the past.

4 But we only have a particular time frame in

5 which to make a -- a -- a decision to both

6 recommend and develop a contract in order to

7 open at a -- at the beginning of the school.

8 We have a decision period in order to

9 make -- a time period in order to make a

10 decision.

11 But the School District has always been

12 open to continuing dialogue in trying to make

13 sure that the deficiencies are -- are cured so

14 that a -- any organization that was interested

15 in a charter school will eventually get that

16 charter, if we believe that that's in the best

17 interest of our students.

18 COMMISSIONER CRAWFORD: Let me ask this:

19 When they first -- when The Rader Group first

20 proposed the charter school, did they not have a

21 relationship with the Police Athletic League at

22 that time?

23 MR. CLINE: We were unaware of it,

24 particularly reading their -- their written

25 applications. The information that I received

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1 and understood as we looked at -- when we went

2 through the second phase, which is an oral

3 presentation, we bring the group in and we ask

4 them specific questions.

5 What I got out of that was that they had

6 found a building and were going to have that

7 type of relationship with them, as opposed to

8 the kind of, I think, in-depth relationship that

9 is being portrayed at this time.

10 We did not have that information.

11 COMPTROLLER MILLIGAN: But as the Governor

12 pointed out, I think it is a matter of record at

13 your Board meeting that that item was discussed.

14 MR. CLINE: Yes, it did.

15 COMPTROLLER MILLIGAN: Before the vote was

16 taken.

17 MR. CLINE: That's correct.

18 COMMISSIONER BROGAN: Governor, I --

19 SECRETARY MORTHAM: And -- go ahead.

20 COMMISSIONER BROGAN: I'm sorry,

21 Secretary.

22 SECRETARY MORTHAM: Go ahead.

23 COMMISSIONER BROGAN: I just want to throw

24 in a piece of information.

25 I asked staff, and they did tell me that

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1 the -- the school in Okaloosa County is a

2 charter school. I just wanted you to have that

3 information.

4 I'm sorry, Secretary.

5 COMPTROLLER MILLIGAN: Well, if I can --

6 you know, this -- Governor, I support fully your

7 comment that, you know, we've been very, very

8 careful about how we handle these charter school

9 appeals, and which ones we accept, and which

10 ones we reject.

11 And, you know, after going through the

12 transcript and -- and the conversations we've

13 heard here this morning, you know, there's

14 enough concern on my part to warrant that we've

15 got a strong partnership here with the Police

16 Athletic League of Jacksonville, it's an

17 innovative approach that the Rader folks have

18 proposed, it's an opportunity for at-risk kids.

19 So I would make a motion, Governor, that --

20 in accordance with the Florida Charter School

21 Law, that I move the State Board of Education

22 reject the decision of the Duval County

23 School Board, and further move that the Rader

24 charter school application be remanded to the

25 Duval County School Board with a recommendation

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1 that the School Board approve the application

2 unless it determines by competent, substantial

3 evidence that approving Rader's application

4 would be contrary to law or contrary to the best

5 interests of the peoples of the community.

6 COMMISSIONER BROGAN: Second.

7 GOVERNOR CHILES: That's been moved and

8 seconded.

9 Is there discussion?

10 So many as favor, signify by saying aye.

11 THE CABINET: Aye.

12 GOVERNOR CHILES: Opposed, no.

13 The ayes have it. It -- the recommendation

14 is passed.

15 MR. PIERSON: Item 3 is adoption of the

16 Thirteenth Supplemental Authorizing Resolution

17 to the Master Authorizing Resolution authorizing

18 the issuance of not exceeding $500,000, State of

19 Florida, full faith and credit, State --

20 SECRETARY MORTHAM: Move --

21 MR. PIERSON: -- of Florida --

22 SECRETARY MORTHAM: -- approval.

23 MR. PIERSON: -- State Board of Educ--

24 COMMISSIONER CRAWFORD: Second.

25 GOVERNOR CHILES: Moved and seconded.

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1 Without objection, it's approved.

2 MR. PIERSON: Item 4 is College Reach Out

3 Program.

4 SECRETARY MORTHAM: Move approval.

5 COMMISSIONER BROGAN: Second.

6 GOVERNOR CHILES: Moved and seconded.

7 Without objection, it's approved.

8 MR. PIERSON: Item 5 is Rule 6A-4.006,

9 Amendment, General and Professional Preparation,

10 which is -- we recommend deferral to the next

11 meeting.

12 COMMISSIONER BROGAN: Move deferral.

13 SECRETARY MORTHAM: Second.

14 GOVERNOR CHILES: Moved and seconded.

15 Without objection, Item 5 is deferred.

16 MR. PIERSON: Item 6 is Amendment to

17 6A-4.01761, and we recommend deferral to the

18 next meeting.

19 COMMISSIONER BROGAN: Move deferral.

20 SECRETARY MORTHAM: Second.

21 GOVERNOR CHILES: Moved and seconded.

22 Without objection, that's deferred.

23 MR. PIERSON: Item 7 is an Amendment to

24 Rule 6A-6.03012, and the recommendation is

25 deferral to the next meeting.

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1 COMMISSIONER BROGAN: Move deferral.

2 SECRETARY MORTHAM: Second.

3 GOVERNOR CHILES: Moved and seconded.

4 Without objection, that's deferred.

5 MR. PIERSON: Item 8 is Rule 6A-14.0301

6 amendment, Withdrawal and Forgiveness.

7 COMMISSIONER BROGAN: Move approval.

8 SECRETARY MORTHAM: Second.

9 GOVERNOR CHILES: Moved and seconded.

10 Without objection, it's approved.

11 MR. PIERSON: Item 9 is Rule 6F-2.0016,

12 Amendment, Change in Control.

13 COMMISSIONER BROGAN: Move approval.

14 SECRETARY MORTHAM: Second.

15 GOVERNOR CHILES: Moved and seconded.

16 Without objection, that's approved.

17 MR. PIERSON: Item 10 is Rule 6F-2.0017,

18 Amendment, Student Protection Fund.

19 COMMISSIONER BROGAN: Move approval.

20 SECRETARY MORTHAM: Second.

21 GOVERNOR CHILES: Moved and seconded.

22 Without objection, it's approved.

23 MR. PIERSON: Item 11 is an appointment to

24 the Board of Regents: Adolfo Henriques,

25 expiration date of term, January 1st, 2000.

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1 COMMISSIONER BROGAN: Move the appointment.

2 SECRETARY MORTHAM: Second.

3 GOVERNOR CHILES: Moved and seconded.

4 Without objection, it's approved.

5 MR. PIERSON: Item 12 is an appointment to

6 the District Board of Trustees, Palm Beach

7 County Community College: Ann M. Rezzonico,

8 expiration term, May 31st, 2002.

9 COMMISSIONER BROGAN: Move the appointment.

10 SECRETARY MORTHAM: Second.

11 GOVERNOR CHILES: Moved and seconded.

12 Without objection, it's approved.

13 MR. PIERSON: Item 13, reappointments to

14 the District Board of Trustees, Pasco-Hernando

15 Community College: Mark E. Browning, date of

16 term, May 31st, 2002; Carole A. Pearson, date of

17 term, May 31st, 2002; Mitchell Davis, Jr., date

18 of term, May 31st, 2002.

19 COMMISSIONER BROGAN: Move the

20 reappointments.

21 SECRETARY MORTHAM: Second.

22 GOVERNOR CHILES: Moved and seconded.

23 Without objection, it's approved.

24 MR. PIERSON: Item 14, reappointments to

25 the District Board of Trustees, Hillsborough

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1 Community College: Mary A. Stiles, expiration

2 date of term, May 31st, 2002; John L. Dicks,

3 expiration date of term, May 31st, 2002.

4 COMMISSIONER BROGAN: Move the

5 reappointments.

6 SECRETARY MORTHAM: Second.

7 GOVERNOR CHILES: Moved and seconded.

8 Without objection, it's approved.

9 MR. PIERSON: Item 15, appointments and

10 reappointment to the District Board of Trustees,

11 Manatee Community College. On your agenda,

12 there is an error on the appointee:

13 Mary M. Watts, the correct expiration date

14 of term is May 31st, 2000. And --

15 COMMISSIONER BROGAN: I will --

16 I'm sorry. I --

17 MR. PIERSON: The reappointment is

18 A. Lamar Matthews, Jr., date, May 31st, 2002.

19 COMMISSIONER BROGAN: Move the appointment

20 as corrected, and the reappointment.

21 SECRETARY MORTHAM: Second.

22 GOVERNOR CHILES: Is there a second?

23 SECRETARY MORTHAM: Second.

24 GOVERNOR CHILES: Second.

25 Without objection, it's approved.

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1 MR. PIERSON: Item 16, appointments to the

2 District Board of Trustees, Central Florida

3 Community College: Carol P. Runnels, May 31st,

4 2002; and Patricia M. Kilgore, May 31st, 2002.

5 COMMISSIONER BROGAN: Move the

6 appointments.

7 SECRETARY MORTHAM: Second.

8 GOVERNOR CHILES: Moved and seconded.

9 Without objection, it's approved.

10 MR. PIERSON: Item 17, reappointments to

11 the District Board of Trustees, Florida

12 Community College at Jacksonville:

13 Reappointees, Joseph S. Bryan, Jr., May 31st,

14 2002; and John A. Wiggins, May 31st, 2002.

15 COMMISSIONER BROGAN: Move the

16 reappointments.

17 SECRETARY MORTHAM: Second.

18 GOVERNOR CHILES: Moved and seconded.

19 Without objection, it's approved.

20 MR. PIERSON: Thank you.

21 (The State Board of Education Agenda was

22 concluded.)

23 (The Cabinet meeting was concluded at

24 11:15 a.m.)

25

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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 75 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 20TH day of JULY, 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

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