T H E C A B I N E T
S T A T E O F F L O R I D A
Representing:
VOTE ON PAROLE QUALIFICATIONS COMMITTEE
DISCUSSION RE: ELIAN GONZALEZ
STATE BOARD OF ADMINISTRATION
ADMINISTRATION COMMISSION
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DEPARTMENT OF ENVIRONMENTAL PROTECTION SITING BOARD
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND
STATE BOARD OF EDUCATION
The above agencies came to be heard before
THE FLORIDA CABINET, Honorable Governor Bush
presiding, in the Cabinet Meeting Room, LL-03,
The Capitol, Tallahassee, Florida, on Tuesday,
April 25, 2000, commencing at approximately 9:06 a.m.
Reported by:
LAURIE L. GILBERT
Registered Professional Reporter
Certified Court Reporter
Certified Realtime Reporter
Registered Merit Reporter
Notary Public in and for
the State of Florida at Large
ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
TALLAHASSEE, FLORIDA 32301
850/878-2221
2
APPEARANCES:
Representing the Florida Cabinet:
JEB BUSH
Governor
BOB CRAWFORD
Commissioner of Agriculture
BOB MILLIGAN
Comptroller
KATHERINE HARRIS
Secretary of State
BOB BUTTERWORTH
Attorney General
BILL NELSON
Treasurer
TOM GALLAGHER
Commissioner of Education
* * *
ACCURATE STENOTYPE REPORTERS, INC.
3
April 25, 2000
I N D E X
ITEM ACTION PAGE
VOTE ON PAROLE QUALIFICATIONS COMMITTEE:
Approved 6
Vote on Chairman 7
DISCUSSION RE: ELIAN GONZALEZ:
8
STATE BOARD OF ADMINISTRATION:
(Presented by Tom Herndon,
Executive Director)
1 Approved 14
2 Approved 23
3 Approved 24
4 For Information Only 24
5.1 Approved 31
5.2, 5.3, 5.4 Approved 32
5.5A and 5.5B For Information Only 32
6 For Information Only 33
ADMINISTRATION COMMISSION:
(Presented by Sandra Sartin,
Policy Coordinator)
1 Approved 36
2 Withdrawn 37
3 Withdrawn 37
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES:
(Presented by Fred O. Dickinson, III,
Executive Director)
1 Approved 38
2 Approved 40
3 Approved 42
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SITING BOARD:
(Presented by David B. Struhs,
Secretary)
1 Approved 43
2 Approved 43
ACCURATE STENOTYPE REPORTERS, INC.
4
April 25, 2000
I N D E X
(Continued)
ITEM ACTION PAGE
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT
TRUST FUND:
(Presented David B. Struhs,
Secretary)
1 Approved 44
2 Approved 44
3 Approved 44
4 Deferred 45
5 Approved 52
Substitute 6 Approved 62
STATE BOARD OF EDUCATION:
(Presented by Wayne V. Pierson,
Deputy Commissioner)
1 Approved 63
2 Deferred 63
3 Deferred 63
4 For Information Only 64
5 Approved 98
6 Approved 99
CERTIFICATE OF REPORTER 100
* * *
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON PAROLE QUALIFICATIONS COMMITTEE 5
April 25, 2000
1 P R O C E E D I N G S
2 (The agenda items commenced at 9:53 a.m.)
3 GOVERNOR BUSH: The next item on the agenda
4 is a vote for the Parole Qualifications
5 Committee. Florida Statute Section 947.02
6 requires that the Cabinet vote on a five-member
7 board.
8 Does anybody have a motion?
9 ATTORNEY GENERAL BUTTERWORTH: I have a
10 motion, Governor.
11 GOVERNOR BUSH: You have a motion?
12 ATTORNEY GENERAL BUTTERWORTH: I have a
13 motion.
14 GOVERNOR BUSH: Do you want to move?
15 ATTORNEY GENERAL BUTTERWORTH: I will move
16 that we select the -- the five -- the five
17 named persons as the Parole --
18 GOVERNOR BUSH: Okay. Name them or --
19 ATTORNEY GENERAL BUTTERWORTH: --
20 Commission.
21 I did not have the names until you just
22 gave them to me.
23 Chief Gwen Boyd, Miramar Police Department;
24 Sheriff Don Hunter, Collier County Sheriff;
25 Ed Spooner, Chief Deputy of the Gadsden County
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON PAROLE QUALIFICATIONS COMMITTEE 6
April 25, 2000
1 Sheriff's Office; Reverend Abraham Brown,
2 founder of the Prison Crusade Ministries out of
3 Tampa; and also Judge Hubert Grimes,
4 Circuit Court judge in Volusia County.
5 Those are the five names I -- I recommend,
6 Governor.
7 GOVERNOR BUSH: Thank you.
8 Is there a second?
9 COMMISSIONER CRAWFORD: Second.
10 GOVERNOR BUSH: All in favor of this slate
11 of candidates, say aye.
12 THE CABINET: Aye.
13 GOVERNOR BUSH: All opposed.
14 Very good.
15 Next we'll need to designate a Chairman of
16 the Committee.
17 Does anybody have a recommendation?
18 TREASURER NELSON: Governor, I move
19 Ed Spooner as the Chairman of the Committee,
20 who is also a former Parole Commissioner.
21 GOVERNOR BUSH: Is there a second?
22 COMMISSIONER CRAWFORD: Second.
23 SECRETARY HARRIS: Second.
24 GOVERNOR BUSH: All in favor of Ed Spooner
25 being the Chairman of the Committee, say aye.
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON PAROLE QUALIFICATIONS COMMITTEE 7
April 25, 2000
1 THE CABINET: Aye.
2 GOVERNOR BUSH: All opposed.
3 Very good.
4 (The Vote on the Parole Qualifications
5 Committee Agenda was concluded.)
6 * * *
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DISCUSSION RE: ELIAN GONZALEZ 8
April 25, 2000
1 ATTORNEY GENERAL BUTTERWORTH: Governor, if
2 I could.
3 GOVERNOR BUSH: Yes.
4 ATTORNEY GENERAL BUTTERWORTH: Governor,
5 thank you.
6 I just -- I just wanted to make a comment.
7 I know we, a few weeks ago here sitting as
8 the -- as the Governor and Cabinet, unanimously
9 passed a resolution asking in the issue of
10 Elian that everyone receive a day in court,
11 that he -- that he receive a day in court, with
12 everyone being afforded due process.
13 We did that for a number of reasons. One
14 of them was -- was obviously to have a court
15 determine just where this -- this child
16 should -- should -- should be.
17 And, of course, we also hoped to avoid what
18 happened early Saturday morning.
19 As many of you know -- I mean, I spent many
20 years of my life in law enforcement. I never
21 want to -- ever want to second-guess decisions
22 of others with -- without all the facts coming
23 out, and maybe some will keep coming out.
24 But I know, Governor, you were involved in
25 this, I know I was involved in it from the
ACCURATE STENOTYPE REPORTERS, INC.
DISCUSSION RE: ELIAN GONZALEZ 9
April 25, 2000
1 standpoint of negotiations.
2 And that evening when -- when you and I
3 spoke, Governor, late that night, it was a
4 Friday night about 10:00 or 11:00 o'clock,
5 I think both you and I believed that -- that
6 things had been resolved, and that -- and that
7 agreement was -- was reached, and -- to where
8 there would be an orderly transition, families
9 would -- would spend time together, and -- and
10 that whatever happened, there'd be a court --
11 whatever happened would happened.
12 Something happened. And I -- according to
13 the paper, you recall, like, 5:00 o'clock in
14 the morning -- I know I got my call a little
15 bit afterwards. But it -- that -- I just don't
16 know.
17 And I mean, I -- I -- the -- we definitely
18 have a community that is hurting. I know I
19 hurt. I know that -- I admire how the
20 community has handled this -- this issue to
21 date. And I -- I just don't really know how to
22 respond to this issue at -- at this point in
23 time.
24 Maybe these hearings, whether they're
25 needed or not, I think we do have to have
ACCURATE STENOTYPE REPORTERS, INC.
DISCUSSION RE: ELIAN GONZALEZ 10
April 25, 2000
1 the -- have the facts.
2 But I just -- this was just so close, and
3 our community leaders, Tad Foote,
4 Aaron Podhurst, two very fine lawyers, a former
5 U.S. Attorney in the house at the time.
6 I just -- it's just something just does not
7 feel right about this. And -- and I think
8 from -- behalf of the State, us as the elected
9 leaders of this state, we -- we have spoken,
10 and I think we -- we asked of the Federal
11 government to do the right thing, and -- and we
12 thought it was happening up until just that
13 last minute, Governor. And I just don't know
14 what -- what -- what else to add.
15 But it's just -- I just want to say that
16 I -- I -- I know we're hurting as a state, a
17 community, and individually.
18 And -- and I have no idea what's next. I
19 have no idea what's next in this issue. But my
20 concern is -- everyone else here also is a
21 concern of one young child, and what's in the
22 best interest of that child. And hopefully
23 that -- that can still -- that can still occur.
24 GOVERNOR BUSH: Thank you, General.
25 I personally hope that there's a greater
ACCURATE STENOTYPE REPORTERS, INC.
DISCUSSION RE: ELIAN GONZALEZ 11
April 25, 2000
1 clarification of what happened, because either
2 we were deceived, which I have -- I hope is not
3 the case; or there were some conditions that
4 haven't been explained.
5 When Carlos de la Cruz -- who's the
6 Chairman of the University of Miami, and
7 volunteered to take this on as a task.
8 -- when his wife is thrown to the ground by
9 U.S. Marshals and pressed to -- to the ground
10 at 5:00 a.m., and when other people, who we
11 know as friends who were there trying to work
12 this out, were teargassed -- or pepper
13 sprayed -- at the home, on the phone, when the
14 Marshals came in. They could have just knocked
15 on the door and taken the child without -- not
16 being at gunpoint, there's something seriously
17 wrong.
18 And I -- I, too, don't have an explan--
19 there's not a -- you know, we don't have a
20 five-point plan here to deal with this. It's
21 done.
22 But it's something that will create a wound
23 in our community in Miami for a long, long
24 while. And it was so inappropriate and
25 unnecessary, it -- it's just heartbreaking.
ACCURATE STENOTYPE REPORTERS, INC.
DISCUSSION RE: ELIAN GONZALEZ 12
April 25, 2000
1 ATTORNEY GENERAL BUTTERWORTH: Thank you,
2 Governor.
3 TREASURER NELSON: Governor, as we look to
4 the future, I think that some reconciliation of
5 the families, and an opportunity, for the sake
6 of the child, for the families that have
7 obviously played a major part in his young
8 life, to be reconciled and -- and the breach
9 healed is important. And --
10 GOVERNOR BUSH: Absolutely.
11 TREASURER NELSON: -- I -- personally, I
12 have urged that, as I have had conversations,
13 that the Federal government ought to bring
14 about that result.
15 GOVERNOR BUSH: Well, if a U.S. Senator
16 cannot go onto a Air Force base, but Castro
17 security operatives are allowed on, there's
18 something wrong. And it's out of balance right
19 now.
20 And I hope that within a reasonable period
21 of time, the Miami family can be with Elian
22 quietly, as it was planned, and as it was being
23 negotiated with -- with the dad. The dad
24 certainly has rights, there's no question about
25 that.
ACCURATE STENOTYPE REPORTERS, INC.
DISCUSSION RE: ELIAN GONZALEZ 13
April 25, 2000
1 But it's a strange day in America when a
2 senator cannot get on a -- on a base, and
3 lawyers representing the interests of the Cuban
4 government and security operatives are allowed
5 to remain on the base.
6 It's disheartening.
7 (The Discussion Re: Elian Gonzalez 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 ADMINISTRATION 14
April 25, 2000
1 GOVERNOR BUSH: All right. State Board of
2 Administration.
3 MR. HERNDON: Good morning, Governor,
4 members.
5 Item Number 1 is approval of the minutes of
6 the meeting held April 11th, 2000.
7 GOVERNOR BUSH: Is there a motion?
8 COMPTROLLER MILLIGAN: I'll move the
9 minutes.
10 GOVERNOR BUSH: Second?
11 TREASURER NELSON: Second.
12 GOVERNOR BUSH: Moved and seconded.
13 Without objection, it's approved.
14 MR. HERNDON: Item Number 2 is to recommend
15 to you the adoption of a new investment
16 objective for the Florida Retirement System
17 investment portfolio based on achieving an
18 inflation adjusted target rate of return of at
19 least 4.3 percent.
20 As you know, we have had for many years an
21 actuarially required rate of return of
22 8 percent. That required rate of return really
23 had no --
24 (Secretary Harris exited the room.)
25 MR. HERNDON: -- basis in real estimates of
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 15
April 25, 2000
1 the amount of investment return that was
2 required to meet our liabilities.
3 And as a result of the UAL working group
4 two years ago, we empaneled an actuary --
5 consulting actuary for the Board, who came up
6 with a recommendation of 4.3 percent adjusted
7 then upwards, in this case, for inflation of
8 3.5 percent, which gave us essentially the same
9 actuarial rate of return that we currently
10 have.
11 However, that, as we've indicated in
12 earlier conversations, really was more
13 coincidence than anything else. In other
14 periods of time, that 8 percent figure would
15 have been too low or too high based on the
16 actual economic environment, the inflation
17 rate, and so forth, that was in existence at
18 that particular time.
19 So what we have suggested here is to
20 substitute or replace that somewhat artificial
21 8 percent with a real rate of return adjusted
22 for inflation.
23 And that's the gist of the recommendation.
24 GOVERNOR BUSH: Any comments?
25 COMPTROLLER MILLIGAN: Can --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 16
April 25, 2000
1 GOVERNOR BUSH: Commissioner.
2 COMPTROLLER MILLIGAN: -- can this be
3 reviewed, Tom?
4 MR. HERNDON: Yes, sir. It'd be our
5 intention to -- obviously, we will adjust it
6 every year for the actual inflation --
7 COMPTROLLER MILLIGAN: Yes.
8 MR. HERNDON: -- dementia. And then we
9 would plan on adjusting it probably every
10 two years --
11 (Attorney General Butterworth exited the
12 room.)
13 MR. HERNDON: -- as the actuary would
14 report an adjustment was needed for that -- for
15 that period of time.
16 And then, of course, if there are any
17 dramatic economic events that would change the
18 overall environment to any substantial degree,
19 we would, of course, act unilaterally at that
20 point to have the actuary review it again.
21 GOVERNOR BUSH: Commissioner Nelson.
22 TREASURER NELSON: Tom, since all of those
23 scenarios that we looked at last week in the
24 specially called SBA meeting were predicated on
25 the 8 percent, that was the rosy scenario. And
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 17
April 25, 2000
1 then you had variations of distress after that.
2 And since we were making momentous
3 decisions last week that were advisory in
4 nature to the Legislature, why the
5 recommendation for the change right now, one
6 week after we were staking so much on the
7 8 percent that we'd done historically?
8 MR. HERNDON: Well, I certainly see your
9 point. It really was coincidence more than
10 anything else. We had this agendaed for this
11 particular Cabinet meeting.
12 It came before our Advisory Council, the
13 IAC, back in March, and was agendaed here.
14 I -- I would point out that the effect of
15 the 4.3 percent plus the three-and-a-half for
16 inflation is 7.95 percent. So it's virtually
17 the same as the 8 percent figure.
18 And we didn't see that there was a
19 significant difference between the 8 percent
20 that we were dealing with last week, and the
21 7.95 that is the practical consequence of this
22 proposed change.
23 I do appreciate your point. I mean, it --
24 probably should have made it more --
25 (Secretary Harris entered the room.)
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 18
April 25, 2000
1 MR. HERNDON: -- clear earlier that we were
2 going to recommend this change. But we had had
3 that -- that plan in place for some time --
4 (Commissioner Crawford exited the room.)
5 MR. HERNDON: -- and it was just a
6 consequence of timing. To be honest with
7 you --
8 (Attorney General Butterworth entered the
9 room.)
10 MR. HERNDON: -- we weren't anticipating
11 the special meeting, or anything like that.
12 So --
13 TREASURER NELSON: What would have been the
14 differences in your recommendations from last
15 week if this new formula had been in effect?
16 MR. HERNDON: There would have been no
17 change in the recommendation. Because the --
18 the benchmark is virtually identical under this
19 scenario versus the 8 percent that we've
20 historically had.
21 The perfect experience scenario that we
22 used, as -- as you say, kind of touched on for
23 a lot of that, would have still applied in this
24 case at 7.95. There would have been hardly any
25 distinction of note.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 19
April 25, 2000
1 So we wouldn't have made any changes in our
2 recommendations.
3 TREASURER NELSON: And yet if -- if my
4 quick summary of this thing would apply over
5 the last several years when you have had such
6 an extraordinary run of beneficence and good
7 success, when, in fact, inflation was lower
8 than 3.5 percent, the investment goals under
9 this new formula would have been less, and,
10 therefore, the target of what we were trying to
11 achieve would be less than the 8 percent.
12 And I'm talking about over the period of
13 the last five years that I've been a member of
14 the SBA.
15 MR. HERNDON: That's certainly possible.
16 I -- I wouldn't argue that we will at varying
17 times have an inflation adjustment and a real
18 rate of return that might produce less than
19 8 percent as the desired objective.
20 Remember, that's, of course, a floor.
21 We're always striving for something higher than
22 that. But that's the floor. And that is the
23 investment objective that is pegged to staying
24 apace with our full funding status.
25 And that's really, I think, one of the key
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 20
April 25, 2000
1 elements -- perhaps I should have stressed
2 earlier -- that has changed in -- in the last
3 two years especially, is that we've now reached
4 full funding status.
5 And so our grasp for higher returns has
6 diminished somewhat because we've achieved that
7 level, and we want to stay apace with that
8 level.
9 But -- but your point is well taken. And
10 I -- I would say on the other hand, it hasn't
11 been that many years ago when inflation was
12 running at a much faster pace than
13 three-and-a-half percent, and then our
14 investment objectives should have been
15 significantly higher than 8 percent, but we --
16 we didn't have that adjustment in place.
17 And that's exactly what we're trying to get
18 to today.
19 TREASURER NELSON: Well, I tell you, I
20 would -- I -- I don't disagree with your
21 formula, but I'd sure feel a lot better about
22 it had we had this formula in place, instead of
23 the 8 percent, as we were making the decisions
24 that we were making last week.
25 Governor, I'm not going to object to it,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 21
April 25, 2000
1 because I don't have any grounds to. But it
2 certainly does call into question in my mind
3 the -- the -- the artificiality of the
4 benchmarks that we set for ourselves.
5 That's all I'm going to say.
6 GOVERNOR BUSH: Thank you.
7 Tom, the -- how do you -- is the inflation
8 number a prospective number? Do you project
9 out what it is, and do you use CPI, or other --
10 MR. HERNDON: We -- we do use it on a
11 prospective basis. And the three-and-a-half
12 percent is, in fact, a projected number over
13 the next 30 years as established by the
14 Social Security Administration, which we've
15 found is, interestingly enough, to be one of
16 the most accurate predictors of inflation.
17 But we will effectively true up each year
18 as we get the actual inflation number,
19 typically at the end of the year. Then we'll
20 true up for that particular measurement period.
21 But for the current time, we plan on using
22 three-and-a-half percent --
23 GOVERNOR BUSH: Well, true --
24 MR. HERNDON: -- which that's the best --
25 GOVERNOR BUSH: -- truing up doesn't --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 22
April 25, 2000
1 implies that you've -- you've already made your
2 investment decisions for the year --
3 MR. HERNDON: Correct.
4 GOVERNOR BUSH: -- so --
5 MR. HERNDON: That's right.
6 GOVERNOR BUSH: -- truing up only is just
7 a --
8 MR. HERNDON: It's just the benchmark, and
9 it --
10 GOVERNOR BUSH: And if it's 7.95 or
11 8 percent, or 7.8, you're not -- are you
12 changing --
13 MR. HERNDON: No.
14 GOVERNOR BUSH: -- your investment
15 strategy, your mix of risk and return, your --
16 you know, whether you're investing more in
17 bonds or stocks, or international or not, or
18 venture capital or not.
19 I mean, it'd have to be a significant
20 difference in -- for the expected return,
21 wouldn't it, to -- to change significant
22 investment strategies?
23 MR. HERNDON: Yes, it will.
24 GOVERNOR BUSH: Okay. Any other --
25 COMPTROLLER MILLIGAN: Well, let me just
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 23
April 25, 2000
1 say that I spent a lot of time trying to
2 understand all this, and exactly what the
3 ingredients were for this model. And --
4 (Commissioner Crawford entered the room.)
5 COMPTROLLER MILLIGAN: -- and, of course,
6 one of the major ingredients in the model is
7 inflation to start with, both price and wage.
8 And -- and I think based on the fact that
9 we have dealt with a nominal 8 percent, and now
10 we are really trying to put the Trustees' stamp
11 on this in terms of -- instead of the --
12 instead of the marketplace, instead of the
13 actuarial -- actuarial people telling us what
14 we ought to have as a nominal, we're telling
15 them what it ought to be. I think it's a --
16 the right direction.
17 So I'm -- I'm satisfied with it. And will
18 move, in fact, the real rate -- real return
19 target of 4.3.
20 GOVERNOR BUSH: Is there a second?
21 TREASURER NELSON: Second.
22 GOVERNOR BUSH: Moved and seconded.
23 Without objection -- a reasonable
24 objection -- it's approved.
25 MR. HERNDON: Item Number 3 is to recommend
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 24
April 25, 2000
1 a two-month payment holiday for the fees that
2 we currently levy against the clients that the
3 F-- FRS and the SBA serve.
4 As you know, we typically try and shoot for
5 a one-year operating budget in reserve. This
6 year, again, we've been pleasantly surprised by
7 a performance that has produced a higher budget
8 reserve than we had any need for.
9 So we would just simply recommend that we
10 not bill those clients of the SBA for the last
11 two months. And that has the effect of putting
12 about three-and-a-half million dollars back in
13 their budgets that they had planned to give us
14 at the end of the year.
15 So --
16 GOVERNOR BUSH: Is there a motion?
17 COMPTROLLER MILLIGAN: I'll move it.
18 GOVERNOR BUSH: Second?
19 TREASURER NELSON: Second.
20 GOVERNOR BUSH: Moved and seconded.
21 Without objection, it's approved.
22 MR. HERNDON: Item Number 4 is a current
23 status report on pension reform. We were able
24 to provide you late yesterday -- and I
25 apologize for the lateness of the material, but
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 25
April 25, 2000
1 we've been working with the House and Senate
2 committees to give you a side-by-side analysis
3 of the most recent bills, plus a side-by-side
4 analysis of the costs associated with the most
5 recent bills in committee.
6 And literally, as we speak right now, the
7 Senate is taking up their pension reform bill,
8 their defined contribution bill, in committee.
9 We anticipate that the House bill goes to
10 the floor perhaps today or tomorrow. And I
11 don't intend to go through these items
12 line-by-line.
13 I would just add that we are still trying
14 to work with the actuaries to get, Governor,
15 particularly in response to your request, some
16 actuarial estimates of some of the provisions
17 in the two bills. We're getting closer. But
18 unfortunately we don't have, nor does the
19 Legislature have the -- the endorsed estimates
20 of the actuaries.
21 So I don't know whether OPB has gotten
22 anything more recently. But at our last
23 discussion with the actuaries, we still did not
24 have those figures.
25 GOVERNOR BUSH: The Senate -- Senator Burt,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 26
April 25, 2000
1 who came here last week, said that they did
2 have actuarial -- an actuarial analysis of
3 their -- of their plan. That's -- that doesn't
4 count?
5 MR. HERNDON: Well, no, they do have some
6 estimates that were based on some of the
7 provisions from last year.
8 But it's our understanding in talking with
9 the actuaries directly that they are still
10 working on some of the estimates, especially
11 the estimates of future year costs as a
12 function of disenrollment out of the DB plan,
13 and enrollment into the DC plan. And that's a
14 critical ingredient.
15 They do know obviously how much it will
16 cost for the -- the ten years to eight-year
17 kind of vesting change. I mean, those are
18 fairly straightforward.
19 But it's that enrollment dimension that's
20 the real driver of many long-term costs. And
21 that's a piece that they don't have in place as
22 far as we know.
23 GOVERNOR BUSH: Any --
24 MR. HERNDON: Questions?
25 GOVERNOR BUSH: -- comments?
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 27
April 25, 2000
1 TREASURER NELSON: Governor, I'd just like
2 to, for the record, make a statement that last
3 week as we deliberated on this, and that was
4 a -- a most engaging and enlightening session
5 that we had, a specially called meeting of the
6 SBA.
7 A lot of the testimony from people in the
8 audience was about the fact of the special risk
9 pension that was taken away, reducing the risk
10 credit to 2 percent for each year of service
11 commencing in 1978. And the idea was to
12 restore that.
13 I would just like the record to reflect
14 that on May the 30th, 1978, that I voted
15 against the bill as a member of the Legislature
16 to reduce that special risk credit.
17 And had I had my research done last week, I
18 would have made that point.
19 GOVERNOR BUSH: I'm glad that you could --
20 TREASURER NELSON: But my point is made.
21 GOVERNOR BUSH: Any other comments?
22 MR. HERNDON: Item Number 5 is --
23 GOVERNOR BUSH: We need approval, don't we?
24 MR. HERNDON: Actually, I think --
25 COMPTROLLER MILLIGAN: No.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 28
April 25, 2000
1 MR. HERNDON: -- that's just --
2 GOVERNOR BUSH: Oh, just a --
3 MR. HERNDON: -- for information.
4 GOVERNOR BUSH: Okay. Thank you.
5 MR. HERNDON: Item Number 5 is to request
6 approval of a number of changes for Cat Fund
7 administrative purposes.
8 The first is to approve the new premium
9 formula for the 2000-2001 contract year that
10 does not contain a stabilization fund charge.
11 The Advisory Council has reviewed this
12 premium formula, and recommended it to the
13 Trustees. We have provided your offices with
14 the backup information as generated by our
15 consulting actuaries with our third part
16 administrator, Paragon.
17 This does result in a significant decrease
18 in rates across-the-board for hurricane
19 coverage. And I'm not going to go through the
20 individual classes of coverage and so forth.
21 But we're pleased to see these rate changes put
22 into place.
23 GOVERNOR BUSH: Any comments?
24 COMPTROLLER MILLIGAN: I'll move 5.
25 TREASURER NELSON: Does this take out the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 29
April 25, 2000
1 1 percent?
2 MR. HERNDON: Yes, sir. It's not in the
3 recommendations as -- as put forward this
4 morning.
5 GOVERNOR BUSH: Is there a second?
6 TREASURER NELSON: I second it.
7 GOVERNOR BUSH: Any comments, any
8 questions?
9 TREASURER NELSON: Is -- is the
10 recommendation of the 1 percent -- what was the
11 idea behind that, Tom?
12 MR. HERNDON: Well, we really had two --
13 two thoughts in mind there.
14 First was the same concept as the rate
15 stabilization charge that we discussed last
16 week. And I almost hesitate to mention that.
17 But -- but in fairness, because we do
18 recognize that, as you have pointed out to us
19 particularly forcefully over the last couple of
20 years, these rates have moved up and down over
21 the last several years, in a somewhat
22 disturbing fashion.
23 And so we were looking at the opportunity
24 here, where we had a significant decrease in
25 rates, to set aside 1 percent of that decrease,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 30
April 25, 2000
1 in effect, not to decrease it quite as much,
2 and use that as a stabilizing mechanism.
3 The second dimension of it really goes to
4 the next to the last item on the agenda, which
5 is Item 5.6. And that is information
6 notification to you this morning that we have
7 issued an RFI to the insurance industry
8 requesting their thoughts and suggestions on
9 ways that we can ensure, if you'll accept that
10 word, the payment of the full bonded capacity,
11 or our full measure of -- of funds for
12 insurance coverage.
13 And so that 1 percent was also built in in
14 recognition that it might be needed if we were
15 to, in fact, find a reinsurance product.
16 We may very well want to come back to you
17 at some future date if that RFI produces a good
18 result with that 1 percent recommendation.
19 But for the purposes this morning, it's
20 just being set aside.
21 TREASURER NELSON: And, Governor, I think
22 that's what I would want to see, that the RFI
23 would tell us whether a financing program like
24 this is necessary, and whether the benefit
25 justified -- justifies the cost.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 31
April 25, 2000
1 My point of view would be that why raise
2 the premium when we are not sure that we'd be
3 purchasing the financing. And we want to keep
4 that cost of the Cat Fund reinsurance as low as
5 possible.
6 MR. HERNDON: Yes, sir.
7 TREASURER NELSON: Thank you.
8 GOVERNOR BUSH: Is there a motion?
9 COMPTROLLER MILLIGAN: We've had a motion
10 I think.
11 GOVERNOR BUSH: And a second?
12 COMPTROLLER MILLIGAN: Second.
13 GOVERNOR BUSH: We have already?
14 COMPTROLLER MILLIGAN: Yeah. On 5.1. On
15 the first element.
16 GOVERNOR BUSH: Okay. Moved and seconded.
17 Without objection, it's approved.
18 MR. HERNDON: All right. 5.2, Governor, is
19 to request approval to file the rules for
20 adoption which would adopt the actual
21 reimbursement contract itself, 19-8.010 for the
22 2000-2001 year.
23 If I might go ahead, we would also
24 recommend under 5.3, filing the rule for loss
25 reimbursement, 19-8.011; and filing Rule
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 32
April 25, 2000
1 19-8.028 to implement the premium formula.
2 All three of those are rule related items.
3 GOVERNOR BUSH: Is there a motion?
4 TREASURER NELSON: Move it.
5 COMPTROLLER MILLIGAN: Second.
6 GOVERNOR BUSH: Moved and seconded.
7 Without objection, it's approved.
8 MR. HERNDON: Item Number 5.5 and 5.6, as
9 amended, are provided to you for your
10 information.
11 First, Item 5.5 indicates that we were
12 successful in the RFP process that we
13 undertook, and have selected Paragon
14 Reinsurance Risk Management Services as our
15 third party administrator for the Cat Fund.
16 That is a continuation of their current
17 contract.
18 But we went through a full RFP process that
19 Colonel Huffcut in the Comptroller's Office was
20 gracious enough to chair for us.
21 And then secondly, 5.6 is also provided for
22 your information, and is the notification that
23 we have issued that RFI to see if there's a --
24 a reasonable reinsurance product out there on
25 the marketplace that's worth considering it.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 33
April 25, 2000
1 If -- if there's a determination that there
2 is some viable options, then we would,
3 of course, come back to you for any subsequent
4 action on -- on that one.
5 So 5.5 and 5.6 are provided for your
6 information.
7 I'm sorry. 5.5A and 5.5B. Beg your
8 pardon.
9 TREASURER NELSON: I'll move it.
10 GOVERNOR BUSH: Is there a second?
11 COMPTROLLER MILLIGAN: Well, we don't need
12 to vote on these --
13 MR. HERNDON: Right. They're both for
14 information.
15 GOVERNOR BUSH: Information? Okay.
16 MR. HERNDON: Finally, Item Number 6 is a
17 report of the Executive Director for your
18 information and review as the fund activity
19 analysis for the month of February.
20 GOVERNOR BUSH: Is there -- do you need a
21 motion?
22 MR. HERNDON: No, I don't think we do.
23 GOVERNOR BUSH: All right.
24 TREASURER NELSON: And -- and, Governor,
25 what -- with all this stuff that we just did,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 34
April 25, 2000
1 the -- the good news is that what we have here
2 is an overall reduction in the premium formula
3 for the Florida Hurricane Catastrophe Fund.
4 MR. HERNDON: Yes, sir.
5 Thank you --
6 GOVERNOR BUSH: It is good --
7 MR. HERNDON: -- very much.
8 GOVERNOR BUSH: -- news.
9 COMPTROLLER MILLIGAN: And -- and one of
10 the questions I have, Tom, and I'm hoping to
11 get an answer eventually is, you know, when --
12 when have -- when do we declare victory in
13 the -- in the Cat Fund?
14 MR. HERNDON: On the Hurricane
15 Catastrophe --
16 COMPTROLLER MILLIGAN: I --
17 MR. HERNDON: -- process?
18 COMPTROLLER MILLIGAN: -- I mean, is this a
19 never ending process that we continue to blow
20 money into the fund, or -- or when do -- when
21 can we say, hey, we've won?
22 And I'm trying to find that out.
23 GOVERNOR BUSH: And --
24 MR. HERNDON: Well, that's a very good
25 question. I know we're -- we're in the process
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 35
April 25, 2000
1 of getting on your calendar to start talking
2 about that very same subject.
3 It is an important question. You do have
4 an assessment on insurance coverage out there
5 that's building up cash balance and so forth.
6 So that's a very appropriate question to --
7 to ask and try and develop some answers to.
8 COMPTROLLER MILLIGAN: Thank you.
9 GOVERNOR BUSH: After a hurricane season
10 would be the better time to do it.
11 COMPTROLLER MILLIGAN: Some point in time
12 though.
13 GOVERNOR BUSH: Exactly. No, you're right.
14 MR. HERNDON: Thank you.
15 (The State Board of Administration Agenda
16 was concluded.)
17 * * *
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION 36
April 25, 2000
1 GOVERNOR BUSH: Administration Commission.
2 COMMISSIONER GALLAGHER: Motion on the
3 minutes.
4 GOVERNOR BUSH: Is there a second?
5 MS. SARTIN: Item 2, we request --
6 GOVERNOR BUSH: We need a second --
7 MS. SARTIN: -- withdrawal --
8 GOVERNOR BUSH: Do I hear a second?
9 MS. SARTIN: I'm sorry.
10 ATTORNEY GENERAL BUTTERWORTH: Second.
11 GOVERNOR BUSH: Moved and seconded.
12 Without objection, it's approved.
13 Item 2.
14 MS. SARTIN: Item 2, we recommend --
15 COMMISSIONER GALLAGHER: Withdrawn.
16 MS. SARTIN: -- withdrawal.
17 COMMISSIONER GALLAGHER: Motion to
18 withdraw 2.
19 MS. SARTIN: Item 3, recommend withdrawal.
20 COMMISSIONER GALLAGHER: Motion to withdraw
21 3.
22 GOVERNOR BUSH: Is there seconds on
23 those --
24 ATTORNEY GENERAL BUTTERWORTH: Second.
25 GOVERNOR BUSH: Moved and seconded.
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION 37
April 25, 2000
1 Without objection, Items 2s and -- 2 and 3
2 are withdrawn.
3 MS. SARTIN: Thank you.
4 GOVERNOR BUSH: That's it.
5 (The Administration Commission Agenda was
6 concluded.)
7 * * *
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
HIGHWAY SAFETY AND MOTOR VEHICLES 38
April 25, 2000
1 GOVERNOR BUSH: Department of
2 Highway Safety.
3 MR. DICKINSON: Governor, Item 1 is request
4 approval to renew a contract for preemployment
5 psychological screenings and fitness for duty
6 evaluations in the Florida Highway Patrol.
7 COMMISSIONER GALLAGHER: Motion to approve.
8 GOVERNOR BUSH: Is there a second?
9 COMMISSIONER CRAWFORD: Second.
10 GOVERNOR BUSH: Moved and seconded.
11 Without objection, it's approved.
12 MR. DICKINSON: Item 2 is request approval
13 to contract for custom automated driver license
14 testing software with Compaq Computer.
15 I will tell you, Governor, that we had a
16 two-year request before the Legislature, and we
17 were able, because we went back to a -- a
18 vendor who handles our driver license stuff
19 now, to do the entire state for one year's
20 appropriations.
21 So this is a win-win for the State.
22 GOVERNOR BUSH: I met the CEO of Compaq.
23 He was very proud of this.
24 What -- why don't you explain what --
25 MR. DICKINSON: Well, basically we're just
ACCURATE STENOTYPE REPORTERS, INC.
HIGHWAY SAFETY AND MOTOR VEHICLES 39
April 25, 2000
1 going across the Internet to do the automated
2 testing in our driver license facilities, as
3 opposed to having individual servers with the
4 PCs. And the price has been driven down
5 dramatically, and the software accordingly.
6 It's -- this is a -- this is one of the
7 positives. Unfortunately, the Legislature took
8 all the money that we had coming for this year
9 and used it in other areas, but that's okay.
10 GOVERNOR BUSH: Now, as I understand it, is
11 this the issue where the Clerk of the Courts
12 are concerned that they're losing their $3 fee?
13 MR. DICKINSON: No, sir.
14 GOVERNOR BUSH: No, that's --
15 MR. DICKINSON: I think that's --
16 GOVERNOR BUSH: -- another one?
17 MR. DICKINSON: Actually it's the -- it's
18 the next item. But it's -- it's an adjunct to
19 the next item.
20 GOVERNOR BUSH: Okay.
21 MR. DICKINSON: I'd be glad to talk about
22 it if you want. But --
23 GOVERNOR BUSH: I do. Because I --
24 I think --
25 MR. DICKINSON: Wait till --
ACCURATE STENOTYPE REPORTERS, INC.
HIGHWAY SAFETY AND MOTOR VEHICLES 40
April 25, 2000
1 GOVERNOR BUSH: -- part of the -- we'll
2 wait till the next one.
3 But part of the issue of technology is to
4 ratchet down costs. And if people then are
5 complaining that they're losing their $3 fee,
6 maybe they shouldn't have been charging it to
7 begin with.
8 Anyway. We'll get to that.
9 COMMISSIONER GALLAGHER: Motion on 2.
10 COMMISSIONER CRAWFORD: Second.
11 GOVERNOR BUSH: Moved and seconded.
12 Without objection, it's approved.
13 Item 3.
14 MR. DICKINSON: Item 3 is request approval
15 to contract for Information Technology
16 Consulting Services, also from Compaq Computer
17 Corp., to support our Internet/e-government,
18 and e-commerce web applications for
19 driver license renewal, motor -- motor vehicle
20 registration renewal, and automated
21 driver license testing.
22 This --
23 COMMISSIONER GALLAGHER: Motion, 3.
24 MR. DICKINSON: -- would be the issue,
25 Governor, that you relayed.
ACCURATE STENOTYPE REPORTERS, INC.
HIGHWAY SAFETY AND MOTOR VEHICLES 41
April 25, 2000
1 My -- our feeling is the same as yours.
2 If -- if the labor is really not being tied up
3 in the office, we're able to do one step -- one
4 stop application, why -- why do we need to
5 charge the fee?
6 What I'd like to do is take that fee and
7 apply it to the payment -- there's going to be
8 a -- a payment fee. Credit card, if you will.
9 And I'd like to take that $2.50, and apply
10 it to the -- let -- help the consumer out. So
11 we're working with the -- the tax collectors,
12 as we speak. In fact, I met with them this
13 morning, a couple of them. We have another
14 meeting next week to get on with this.
15 But also, Governor, I think you have an
16 idea that we ought to have one website for all
17 our State renewals. And we would gladly
18 participate in that, if and when the time is
19 right. We've been in touch with Roy Cales'
20 shop on that -- in that regard.
21 So --
22 GOVERNOR BUSH: Excellent.
23 MR. DICKINSON: We're working with them to
24 try to get this accomplished.
25 COMMISSIONER GALLAGHER: Motion on 3.
ACCURATE STENOTYPE REPORTERS, INC.
HIGHWAY SAFETY AND MOTOR VEHICLES 42
April 25, 2000
1 COMMISSIONER CRAWFORD: Second.
2 GOVERNOR BUSH: Moved and seconded.
3 Without objection, it's approved.
4 Thank you, Fred.
5 MR. DICKINSON: Thank you.
6 (The Department of Highway Safety and Motor
7 Vehicles Agenda was concluded.)
8 * * *
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/ENVIRONMENTAL PROTECTION SITING BOARD 43
April 25, 2000
1 GOVERNOR BUSH: Power Plant Siting Board.
2 MR. STRUHS: Two -- two items.
3 The first is acceptance of the minutes.
4 COMMISSIONER GALLAGHER: Motion on the
5 minutes.
6 ATTORNEY GENERAL BUTTERWORTH: Second.
7 GOVERNOR BUSH: Moved and seconded.
8 Without objection, it's approved.
9 Item 2.
10 MR. STRUHS: Recommending approval for the
11 C.D. McIntosh Treatment Power Plant, Unit 5.
12 This is adding a heat recovery unit to some
13 existing boilers.
14 COMMISSIONER GALLAGHER: Motion, Item 2.
15 ATTORNEY GENERAL BUTTERWORTH: Second.
16 GOVERNOR BUSH: Moved and seconded.
17 Without objection, it's approved.
18 Is that it?
19 COMMISSIONER GALLAGHER: Done.
20 (The Department of Environmental Protection
21 Siting Board Agenda was concluded.)
22 * * *
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 44
April 25, 2000
1 GOVERNOR BUSH: Board of Trustees.
2 MR. STRUHS: Board of Trustees.
3 COMMISSIONER GALLAGHER: Motion, 1.
4 MR. STRUHS: Item 1 is acceptance of the
5 minutes.
6 GOVERNOR BUSH: Moved and seconded.
7 Without objection, it's approved.
8 Item 2.
9 MR. STRUHS: Recommending approval for four
10 applications for disclaimers. These are four
11 property owners who have lost property due to
12 avulsion. And this simply holds their property
13 rights harmless.
14 COMMISSIONER GALLAGHER: Motion on 2.
15 COMMISSIONER CRAWFORD: Second.
16 GOVERNOR BUSH: Moved and seconded.
17 Without objection, it's approved.
18 MR. STRUHS: Item 3, recommending approval
19 of an option agreement to acquire 66 acres in
20 the Perdido Pitcher Plant Prairie.
21 COMMISSIONER CRAWFORD: Motion.
22 SECRETARY HARRIS: Second.
23 COMMISSIONER GALLAGHER: Motion.
24 GOVERNOR BUSH: Moved and seconded.
25 Without objection, it's approved.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 45
April 25, 2000
1 MR. STRUHS: We're requesting a deferral of
2 Item 4.
3 COMMISSIONER GALLAGHER: Motion to defer on
4 4.
5 COMMISSIONER CRAWFORD: Second.
6 GOVERNOR BUSH: Moved and seconded.
7 Without objection, the item is deferred.
8 MR. STRUHS: Item Number 5, we're
9 recommending an approval. And -- and you may
10 recall this one was before the Cabinet at the
11 end of last year.
12 It was deferred at that time because there
13 was an interest in learning whether or not the
14 County, Pinellas County, could perhaps lower
15 the acquisition costs. And we are fortunate to
16 have some folks from Cunningham Key, and from
17 Pinellas County here to talk in support of this
18 plan.
19 It's a 14.44 acre parcel on Cunningham Key
20 to be purchased with Preservation 2000 money.
21 And you may recall that the last time it
22 was before you, the acquisition price was
23 $714,000.
24 Over the last several months, the County
25 has agreed to make a local contribution of
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 46
April 25, 2000
1 $200,000, bringing the price down to
2 five hundred and fourteen for the Trustees.
3 The County has also agreed to pay for some
4 improvements to the property, including the
5 removal of an old, dilapidated building.
6 First up would be Sarah Richardson,
7 attorney for the County.
8 GOVERNOR BUSH: Good morning.
9 MS. RICHARDSON: Thank you.
10 Good morning, Governor --
11 GOVERNOR BUSH: Good morning.
12 MS. RICHARDSON: -- members of the Cabinet.
13 My name is Sarah Richardson, and I'm a
14 Senior Assistant County with -- Senior
15 Assistant County Attorney with Pinellas County.
16 The County is aware that land use issues
17 have created some concern for the Cabinet. In
18 reviewing the transcript from the meeting last
19 November, we believe that we probably
20 collectively have failed to provide the Cabinet
21 with a cogent explanation of the land use and
22 zoning -- and usage history of this property.
23 And I hope to rectify that for you.
24 We also have others here who will be able
25 to provide you with some additional
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 47
April 25, 2000
1 information, which I hope will help the Cabinet
2 help us with this project.
3 Since at least the early 1960s, the uplands
4 on Cunningham Key, which is a 1.17 acre tract,
5 has been used commercially. That is according
6 to both the collective County memory, and the
7 aerial photographs we have reviewed, and we've
8 been able to share with your staff.
9 The usage was as a small marina and bait
10 shop. It was used by local commercial and
11 residential boaters and fishermen.
12 After that point -- I mean, after the known
13 usage, sometime around the mid-1960s, the
14 Pinellas County zoning code was adopted. And
15 at that time, for some inexplicable reason, the
16 zoning designation of P-1, which is general
17 professional office, was imposed on that
18 parcel.
19 There are 16 enumerated categories of
20 permitted uses under that zoning, assuming
21 there's no additional requests for a special
22 exception use.
23 Those include the typical professional
24 offices of lawyers and doctors and so forth.
25 As well as medical clinics, veterinarian
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 48
April 25, 2000
1 offices, artist studios, lunch stands
2 associated with -- with the office building
3 usages, a bank, funeral home, and a bed and
4 breakfast facility with up to ten guest rooms.
5 Day care centers are included.
6 Also permitted of immediate use to
7 Pinellas County's request, as well as
8 Tampa Bay Watch -- also permitted are research
9 centers and public and private school usage.
10 Therefore, the proposed usage of a research
11 and educational marine center, which
12 Tampa Bay Watch, in partnership with
13 Pinellas County, and -- and in partnership,
14 including some Federal funding, would require
15 no zoning change.
16 Back to the P-1 zoning designation. For
17 nearly 30 years, it has never matched the
18 actual grandfathered and nonconforming usage of
19 the property.
20 However, that usage has been very
21 consistent with the neighborhood. Based on
22 that, according to our zoning director, at all
23 times since the adoption of the zoning code,
24 the County would have, and would today,
25 favorably entertain a zoning application to --
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 49
April 25, 2000
1 to amend the zoning to match the historic
2 commercial use, which the zoning director
3 has -- has said in his opinion very clearly
4 matches the -- the neighborhood and the
5 topography of the property.
6 Really the appropriate zoning use is
7 probably C-1. And the -- the definition within
8 C-1 is not much of a -- I mean, it's no move
9 from its historic use.
10 A C-1 zone is -- or would include any
11 retail business, or commercial use which does
12 not involve the manufacture or processing of
13 products, provided the use serves the immediate
14 needs of a neighborhood.
15 GOVERNOR BUSH: Does there --
16 Go ahead, Commissioner.
17 COMMISSIONER CRAWFORD: I just -- I guess
18 I've -- I've kind of got pretty clear what
19 you're saying, which I -- I believe was -- it
20 was my suspicion last time that your client
21 does have the ability to develop the property.
22 And that was the question I think was raised
23 last time.
24 MS. RICHARDSON: Well, we -- we were under
25 the impression that -- from staff that perhaps
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 50
April 25, 2000
1 there were --
2 COMMISSIONER CRAWFORD: The --
3 MS. RICHARDSON: -- still issues.
4 COMMISSIONER CRAWFORD: There was a --
5 MS. RICHARDSON: I'll move on --
6 COMMISSIONER CRAWFORD: -- question about
7 that. I -- and I --
8 MS. RICHARDSON: I mean, if that's not an
9 issue now, we have a lot more information --
10 GOVERNOR BUSH: The issue was --
11 MS. RICHARDSON: -- we'd like to --
12 GOVERNOR BUSH: -- we were told that, and
13 no one unconfirmed it, if you will, that the
14 County Commission raised the zoning, and then
15 wanted us to buy the land -- raised the value
16 of the property through its actions, and then
17 asked us to buy the land.
18 And I'm a no vote on that every time.
19 So now it's been cleared up that that
20 wasn't the case.
21 MS. RICHARDSON: That was 35 years ago we
22 imposed --
23 GOVERNOR BUSH: Well --
24 MS. RICHARDSON: -- the zoning.
25 GOVERNOR BUSH: -- that's -- all the smart
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 51
April 25, 2000
1 people that understood that didn't work there
2 in November.
3 So I -- I mean, unless --
4 MS. RICHARDSON: All right.
5 GOVERNOR BUSH: -- we're -- does anybody
6 have any questions about this misunderstanding
7 that -- that existed?
8 If not, we can maybe move on.
9 MS. RICHARDSON: Well, I'd like to turn it
10 over then to Ellyn Kadel, the Real Estate
11 Manager. She has some information on the plans
12 for this property, the -- the dollars, in
13 the --
14 GOVERNOR BUSH: But now --
15 MS. RICHARDSON: -- partnership --
16 GOVERNOR BUSH: -- you've now been warned.
17 COMMISSIONER CRAWFORD: Well, Governor --
18 GOVERNOR BUSH: So if you --
19 COMMISSIONER CRAWFORD: -- if I could -- I
20 don't know -- I just -- I just jumped in for a
21 second.
22 The fact we now have the -- the County
23 willing to put up $200,000 as part of --
24 MS. RICHARDSON: Absolutely.
25 COMMISSIONER CRAWFORD: -- the purchase
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 52
April 25, 2000
1 price, to me, that's -- that's more than
2 supporting it. That's -- that's -- that's
3 involvement -- commitment, I guess you might
4 say.
5 I'm ready to, I think, move the project
6 along, and I would move staff recommendation.
7 MS. RICHARDSON: All right. Thank you.
8 GOVERNOR BUSH: Unless you feel compelled
9 to talk. It ain't going to do you any good.
10 There's a motion.
11 Is there a second?
12 SECRETARY HARRIS: Second.
13 GOVERNOR BUSH: Moved and seconded.
14 Any other conversation, discussion?
15 Without objection, it's approved.
16 COMMISSIONER CRAWFORD: Very good.
17 GOVERNOR BUSH: Thank you, Commissioner.
18 MS. KADEL: Thank you very much.
19 MR. STRUHS: There is one more agenda item.
20 GOVERNOR BUSH: Item 6.
21 MR. STRUHS: In December, the Cabinet
22 directed DEP to assemble a Precut Timber Work
23 Group, better known as deadhead logging. And
24 I'm delighted to report back that they've
25 completed their work, and I think have done
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 53
April 25, 2000
1 a -- a fine job.
2 I don't ordinarily do this, but I'd like to
3 today -- a DEP biologist who headed that group
4 up, Russ Frydenborg is -- is here. And -- and
5 Russ did a nice job pulling together all the
6 technical team from all of the land management
7 agencies, including State and Federal.
8 They've put together a -- a plan that
9 I think is going to allow the deadhead logging
10 to continue in a way that is environmentally
11 sensitive.
12 I'd like to note that we're recommending
13 that you accept the Work Group's
14 recommendations.
15 And if I could just point out, DEP's
16 intentions are to apply those recommendations,
17 subject to your approval, not just
18 prospectively, but also to existing use
19 agreements. We're going to conduct the
20 environmental assessments of the existing
21 permitted river reaches, and we're going to
22 continue to call on these work group members to
23 assist with those environmental assessments.
24 So with that, we'd be happy to answer any
25 questions, but the recommendation is to accept
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 54
April 25, 2000
1 the Work Group's report.
2 We also have --
3 ATTORNEY GENERAL BUTTERWORTH: I just have
4 one --
5 MR. STRUHS: -- two speakers --
6 ATTORNEY GENERAL BUTTERWORTH: -- question.
7 MR. STRUHS: -- I believe if -- if they're
8 still here: Marianne Gengenbach and
9 Manley Fuller.
10 GOVERNOR BUSH: General Butterworth.
11 ATTORNEY GENERAL BUTTERWORTH: Thank you,
12 Governor.
13 David, how profitable is this,
14 deadhead logging, for someone who actually
15 deadheads logs?
16 I don't -- deadhead logging --
17 MR. STRUHS: I'm -- I'm the wrong person
18 to -- to answer that, General. I -- I don't
19 know.
20 ATTORNEY GENERAL BUTTERWORTH: Okay.
21 MR. STRUHS: I --
22 COMMISSIONER CRAWFORD: Governor --
23 General, I don't think you could make a lot of
24 money at it, frankly.
25 GOVERNOR BUSH: You thinking about a job
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 55
April 25, 2000
1 change?
2 ATTORNEY GENERAL BUTTERWORTH: Yeah. I --
3 I really am interested. I mean, I --
4 COMMISSIONER CRAWFORD: -- a law practice.
5 ATTORNEY GENERAL BUTTERWORTH: Like you,
6 Bob, I -- I'm term limited after this one also.
7 So, I mean, I -- I kind of thought -- like to
8 know a little bit more about this. I mean,
9 this is -- it sounds like a lot of fun.
10 I mean, I'd like to have an outdoor job.
11 COMMISSIONER CRAWFORD: I've already scoped
12 this one out. You get your own deal. Go away.
13 MR. STRUHS: Well, we -- we would point out
14 that with -- with a one-day course, you can be
15 certified as a Master Deadhead Logger.
16 SECRETARY HARRIS: There are a couple new
17 jobs being created here for --
18 GOVERNOR BUSH: Any other comments?
19 Were you -- if -- if it was a serious
20 question --
21 ATTORNEY GENERAL BUTTERWORTH: Oh, it -- it
22 was a serious question. I mean -- but not for
23 the reason that that --
24 GOVERNOR BUSH: Not for you --
25 ATTORNEY GENERAL BUTTERWORTH: -- that
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 56
April 25, 2000
1 turned out to be. But I -- no, I just want to
2 know how -- how big an industry --
3 GOVERNOR BUSH: Can you --
4 ATTORNEY GENERAL BUTTERWORTH: -- this
5 is --
6 GOVERNOR BUSH: -- answer that, or --
7 ATTORNEY GENERAL BUTTERWORTH: -- because
8 the more money that's involved in it, the --
9 the more risk obviously the environment has.
10 I mean, so --
11 GOVERNOR BUSH: That's a legitimate
12 question.
13 ATTORNEY GENERAL BUTTERWORTH: Yeah.
14 COMMISSIONER CRAWFORD: Well, they're very
15 valuable logs. But, like a lot of enterprises,
16 I don't know if it makes on the balance a lot
17 of money.
18 GOVERNOR BUSH: I mean, half of us thought
19 you actually wanted it; the other half knew
20 what you meant.
21 COMMISSIONER GALLAGHER: You looking for
22 another business to get in? Is that --
23 ATTORNEY GENERAL BUTTERWORTH: No, we --
24 we've already --
25 GOVERNOR BUSH: -- examined it.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 57
April 25, 2000
1 MR. ARD: Governor and Cabinet, Sam Ard. I
2 represent River Bend Lumber Company on -- in
3 Walton County.
4 The profitability depends upon how
5 integrated you are on site. In other words, my
6 client has a sawmill where he can actually take
7 the log in, saw it, tongue and groove it, kiln
8 dry it, et cetera. And every time he has to
9 touch the log, it adds costs to it, but it also
10 adds profitability.
11 And so he's guessing the log is worth
12 anywhere from 5 to $7 per board foot when he
13 can pick it up and do that.
14 For someone that just goes out and gets the
15 logs and sells them to a mill that does all of
16 that, it will go down to maybe a dollar, maybe
17 even $2 a board foot.
18 ATTORNEY GENERAL BUTTERWORTH: Is that more
19 or less than just cutting a tree down and --
20 MR. ARD: Well, the -- the -- the overhead
21 you have involved in having to have a boat with
22 a winch -- excuse me -- and pay a two-man crew,
23 plus $5500 for the permit that is only good for
24 a year, and you're bound by weather conditions,
25 the risk is -- is real high.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 58
April 25, 2000
1 So you're going to have some profitability
2 in it, but a lot of risk.
3 COMMISSIONER GALLAGHER: But the -- the
4 logs that are pulled out of the water are more
5 valuable than the ones that get cut from a
6 tree.
7 ATTORNEY GENERAL BUTTERWORTH: Sure.
8 MR. ARD: Yeah. The -- the logs that
9 you're getting out of the water, if you look at
10 some of the typical pine logs that have a lot
11 of value, they'll have 25 to 30 grains to the
12 inch.
13 Whereas, if you go to Home Depot and just
14 look at a -- a 2 x 4 that you will get that's
15 pine, it may have 8 grains to the inch.
16 The wood is stronger, prettier, the grain
17 will run forever. If you ever go in the
18 Brokaw-McDougall House, look at the floor that
19 they have there. Those are hard pine floors.
20 There are no knots, clear grain, and that's
21 what they're getting out of the rivers, because
22 they just don't exist anymore upland.
23 My client, I think, has an opening.
24 GOVERNOR BUSH: The marketing -- marketing
25 department.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 59
April 25, 2000
1 ATTORNEY GENERAL BUTTERWORTH: No, I -- I
2 am concerned about the risks to the
3 environment. We -- we all are. That's the
4 reason why -- why we're here. And -- and
5 obviously the more value, the more of a risk.
6 So --
7 MR. ARD: Yes, sir.
8 GOVERNOR BUSH: Any other comments?
9 MR. STRUHS: Yes.
10 MS. GENGENBACH: Marianne Gengenbach with
11 the Nature Conservancy.
12 When this issue was first raised in front
13 of you, I -- I think you're all aware that
14 there's an awful lot of people out there who
15 don't necessarily think deadhead logging is an
16 environmentally good idea under any
17 circumstances.
18 If you're going to do deadhead logging,
19 however, if you're going to permit it in this
20 state, then I think that the recommendations
21 that you have before you go a very long way
22 towards achieving what the Nature Conservancy
23 believes is a good balance between a -- the
24 mining of the resource and protecting the
25 environment.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 60
April 25, 2000
1 I'd like to commend the Department on doing
2 a good job in terms of putting this together.
3 They've listened to our concerns.
4 And the only other thing I want to say
5 about it is this: Whether or not this kind of
6 operation over the long-term is going to cause
7 environmental damage, even with these
8 recommendations, is going to be contingent on
9 enforcement.
10 It's going to be contingent upon oversight
11 and making sure that these recommendations are
12 carefully implemented, and watched because this
13 is -- you know, something that's pretty tough
14 to monitor over the long-term.
15 And so we would definitely encourage that
16 these recommendations not only be accepted, but
17 also very carefully implemented over time.
18 Thank you.
19 GOVERNOR BUSH: Thank you.
20 MR. FULLER: Governor and Cabinet,
21 Manley Fuller, Florida Wildlife Federation.
22 We think that if this activity is going to
23 be allowed, that the -- the conditions that
24 have been developed for the operations will go
25 a long way towards reducing any potential
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 61
April 25, 2000
1 adverse effects to the environment.
2 But these conditions must be adhered to,
3 and we would like to see, if -- if you have a
4 permittee that doesn't comply with the
5 conditions, we -- we would like to see strong
6 action taken against them, because it -- these
7 conditions are necessary to allow the activity
8 to not be harmful.
9 So in -- in that spirit, we're -- we're
10 very glad to -- appreciate working with the
11 Department. And Vernon Compton was our
12 representative on the working group. And he
13 also represented Nature Conservancy, and
14 several other organizations.
15 And we think -- we think that a -- a lot of
16 improvements have been done in how the practice
17 will be allowed.
18 Thank you --
19 GOVERNOR BUSH: Thank you.
20 MR. FULLER: -- very much.
21 GOVERNOR BUSH: Secretary Struhs?
22 MR. STRUHS: Yes.
23 That requires a decision, and it's the
24 final agenda item.
25 COMMISSIONER GALLAGHER: Motion.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 62
April 25, 2000
1 GOVERNOR BUSH: Is there a motion?
2 COMMISSIONER CRAWFORD: Motion.
3 COMMISSIONER GALLAGHER: Second.
4 GOVERNOR BUSH: Moved and seconded.
5 Without objection, it's approved.
6 MR. STRUHS: Thank you.
7 GOVERNOR BUSH: Thank you very much.
8 (The Board of Trustees of the Internal
9 Improvement Trust Fund Agenda 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 EDUCATION 63
April 25, 2000
1 GOVERNOR BUSH: State Board of Education.
2 COMMISSIONER GALLAGHER: Motion on the
3 minutes.
4 ATTORNEY GENERAL BUTTERWORTH: Second.
5 COMMISSIONER CRAWFORD: Second.
6 GOVERNOR BUSH: Moved and seconded.
7 Without objection, it's approved.
8 Item 2.
9 COMMISSIONER GALLAGHER: I'd like to defer
10 at the request of the applicant and the
11 School Board.
12 COMMISSIONER CRAWFORD: Second.
13 GOVERNOR BUSH: Motion to defer. There's a
14 motion and a second.
15 COMMISSIONER GALLAGHER: Motion --
16 GOVERNOR BUSH: Without objection, it's --
17 COMMISSIONER GALLAGHER: -- Item 3 --
18 GOVERNOR BUSH: -- deferral --
19 COMMISSIONER GALLAGHER: -- Governor, I'd
20 like to move that we defer for 60 days at the
21 request of the representatives of the
22 charter school.
23 COMMISSIONER CRAWFORD: Second.
24 GOVERNOR BUSH: Moved and seconded.
25 Without objection, the motion is deferred.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 64
April 25, 2000
1 MR. PIERSON: Item 4 is a report by
2 Escambia County School District on a school
3 previously graded as failing.
4 The first speaker is Andrea Willett from
5 the Department.
6 MS. WILLETT: Governor, Commissioner,
7 members of the Cabinet.
8 I wanted to let you know that the State
9 Department of Education continues to work with
10 Escambia County, and we continue to see student
11 progress. The superintendent is here to
12 explain and to report more fully on the
13 progress.
14 And you have in your yellow packet the
15 power point presentation that the --
16 Escambia County prepared. And we have a
17 computer and two InFocus, neither of which are
18 talking to us -- to each other this morning.
19 They were last night, but they're not this
20 morning.
21 And so Superintendent May will be talking
22 with you from the packets that you have in
23 front of you as well.
24 Superintendent May?
25 DR. MAY: Thank you very much.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 65
April 25, 2000
1 Appreciate it.
2 Good morning.
3 Governor Bush, Honorable members of the
4 Cabinet, to all of the Aides who have done so
5 much in preparation, thank you so much for
6 giving us the opportunity to be here this
7 morning.
8 If I could, I would like to just take a --
9 a minute to introduce some other people that
10 did join me coming to Tallahassee.
11 First of all, on the front row is
12 Cary Stidham, who is the Chairperson of our
13 Escambia County School Board.
14 Next to her is Annette McArthur, the
15 Director of Elementary Education.
16 Next to her is Gene Pettis, who is the
17 Assistant Superintendent in charge of
18 Curriculum.
19 And behind them is Mr. Bob Husbands, who is
20 the Executive Director of FTP-NEA in our
21 county.
22 So thank you for allowing me the
23 opportunity to introduce them.
24 We can do a couple of different things.
25 I believe that it is the desire of the Cabinet
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 66
April 25, 2000
1 this morning that we not go over much of the
2 material that we have previously gone over,
3 which was contained in the yellow packet.
4 What I would like to refer you to, if I
5 may, is basically information that will have to
6 do with student progress at both of our
7 schools, if that would meet with the approval
8 of Cabinet this morning, instead of going over
9 that which we've already gone over several
10 times before.
11 If you would look in your packet, you will
12 find a part of the packet that's labeled
13 AA Dixon Elementary School Reading Progress
14 Results. If I could ask you to refer to that.
15 Basically I -- I think everybody has that.
16 If you will take a look at that, what
17 you'll find is that reading progress for second
18 through fifth grade is really based on direct
19 instruction using the SRA Reading Program.
20 The reading progress for kindergarten and
21 first grade is based on the Sing, Spell, Read,
22 and Write Reading Program. I believe a couple
23 of you have actually visited classrooms where
24 you saw this going on.
25 We're really proud that the Sing, Spell,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 67
April 25, 2000
1 Read, and Write program has now reached its
2 fourth year. And I think as we go through the
3 reading progress pie charts on the second page,
4 that it will help to explain to you that -- why
5 we think that is a successful program.
6 Looking at the second page, if I could get
7 you to just go there, and I apologize that some
8 of you may not have color pie charts. Makes it
9 a little hard to follow along. I hope the
10 Cabinet members do have.
11 No, yours aren't colored either?
12 All right. Well then, we'll just basically
13 cover what it is interpreted to mean.
14 If you'll look on the left-hand side,
15 you'll notice that we did second grade,
16 third grade, fourth grade, and fifth grade.
17 What we wanted you to see was the first reading
18 levels at the beginning of the year, which
19 essentially, since we were year-round schools,
20 began July 12th.
21 As you look at those reading levels, you
22 will see that the second grade began the year
23 with 81 percent of those students on grade
24 level.
25 As of March, 55 percent of those students
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 68
April 25, 2000
1 were on grade level. However, 37 percent had
2 moved above grade level, and only 8 percent
3 were below. So that's for the second grade.
4 Moving to the third grade, again you'll
5 notice that they began the year with 41 percent
6 of those students on grade level, and
7 54 percent below.
8 As of March, 95 percent of that class was
9 reading on grade level.
10 Moving to fourth grade, again, they began
11 the year with 70 percent of those students on
12 grade level, 30 percent below.
13 And as of March, 90 percent are on grade
14 level. And we're very proud that 65 percent
15 are on grade level, while 15 percent are one
16 grade level above, and 8 percent are two grade
17 levels above. And we think that's pretty
18 significant progress.
19 Looking at the fifth grade group. And
20 remember, the fifth grade group was the group
21 that we happened to be on the list.
22 But the fifth grade group began the year
23 with 23 percent on grade level. And as of
24 March 31st, 60 percent of those students are
25 still one grade level below, but have made
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 69
April 25, 2000
1 significant progress.
2 Any questions about the reading for those
3 five grade levels?
4 GOVERNOR BUSH: Why is there such a
5 disparity in fifth grade and all the other
6 grades?
7 DR. MAY: Why is that the case?
8 I don't know that I can give you an answer
9 to that. But remember that the fifth grade
10 began the year with 23 percent on grade level,
11 36 percent one grade level below, and
12 30 percent two grade levels.
13 So even though they were that far below to
14 begin with, what you'll see is that they have
15 made significant progress as an entire class.
16 So even though it doesn't look as good as
17 the other classes, you've still seen over a
18 year's worth of learning for a year's worth of
19 school.
20 Any other questions about the first graph?
21 All right. If you'll turn to the -- the
22 next page. And this is just -- and the reason
23 that I show you this is again just to let
24 you know that we're very pleased with the
25 results of the Sing, Spell, Read and Write.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 70
April 25, 2000
1 And you'll see an individual chart.
2 And if you just take a look at that
3 individual chart, you can see that the first
4 graph to the left, and -- and A, B, C, D, E, F,
5 G, H, all of those are individual students.
6 I -- I would like for you just to take note
7 of those individual progresses that have
8 occurred. And each of these charts represents
9 a different class.
10 You'll see that the first group represents
11 a 38 percent gain, the second chart represents
12 a 53 percent gain, and the third group
13 represents a --
14 (Governor Bush exited the room.)
15 DR. MAY: -- a 38 percent gain in their
16 ability to read.
17 So pretty significant improvements.
18 All right. If we could, turn to the next
19 page.
20 Again, this is a pie chart. Has to do with
21 kindergarten reading levels. And I'm not going
22 to spend much time on it. But basically what
23 you will see is that the first class had
24 54 percent reading on first grade level; and
25 36 percent reading on a kindergarten level,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 71
April 25, 2000
1 10 percent reading below.
2 As you go down through those, you will see
3 that all of our kindergarten classes were very
4 close to being at grade level, with nearly
5 50 percent being at first grade level. So
6 we're very proud of that fact, and I hope that
7 bodes well for the future.
8 Turning to the next page -- again, this is
9 all for AA Dixon -- has to do with the writing
10 progress.
11 And do want you to know that the writing
12 progress is based on a practice writing test
13 that we call Escambia Writes, but is rubricked
14 very similar to Florida Writes. And it is very
15 much like what the FCAT would be presenting.
16 Also, that the scoring was done outside of
17 the school, and not by teachers within the
18 school.
19 The first thing that I would like to cover
20 is again the pie charts at the beginning of the
21 year.
22 (Governor Bush the entered room.)
23 DR. MAY: And you'll notice that for a
24 while, we were testing students on a very close
25 interval.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 72
April 25, 2000
1 As a matter of fact, the first test was
2 September 10th with Florida Writes, and you'll
3 see that 24 percent of those students scored a
4 3 or better.
5 I'm going to skip clear down to the end,
6 which is the last pie chart on the bottom. On
7 that pie chart, which was giv-- the test for
8 that pie chart was given January 31st, you'll
9 notice that 66 percent of the students scored a
10 3 or better. And we think that's pretty
11 substantial progress on Florida Writes.
12 Any questions about that?
13 Do remember though, it was actually
14 Escambia Writes, which is designed after
15 Florida Writes.
16 All right. The second part of
17 Florida Writes, of course, is the narrative
18 writing. And basically you will notice that
19 there are two different tests, one given
20 January 14th, one given February 1st.
21 And as you'll note, that's -- that's just
22 about three weeks apart. So it's -- well,
23 actually less than that. A little over
24 two-and-a-half weeks apart.
25 And you'll notice that the students in
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 73
April 25, 2000
1 January, 63 percent of them scored a 3 or
2 higher on the narrative assessment. And in
3 February, 60 percent scored a 3 or higher on
4 the same test essentially.
5 Any questions about that?
6 All right. The -- the last few pieces of
7 information for Dixon Elementary School, you
8 will note that we have actually taken the FCAT
9 standards, and you'll see that those standards
10 are listed in the left-hand column.
11 This is the chart, if you're trying to
12 follow along with me.
13 Okay. Does everybody -- that should be
14 toward the back of the chart.
15 This isn't -- I won't spend a lot of time
16 here. But what I just want to share with you
17 is basically the beginning scores in July,
18 which will be the far left-hand column. And
19 you'll notice the different standards that were
20 tested in fifth grade math.
21 And then go to the far right-hand side
22 where we gave the same F-- FCAT practice test
23 in March. And I want you to just look down
24 through the percent masteries for those
25 students in mathematics.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 74
April 25, 2000
1 You will see that there has been
2 significant improvement. I'm not necessarily
3 going to go over them. But in -- in many
4 cases, you'll notice that students doubled, or
5 more than doubled their percent masteries.
6 Any questions about that?
7 If you need to know what each of those
8 standards actually are, on the next page, we
9 actually wrote out what the standards were so
10 that you could have a good idea of exactly what
11 they meant.
12 And then included in that packet, and I'm
13 not going to cover it, I did put the various
14 class size counts for AA Dixon School. And
15 you'll notice that those class sizes have been
16 kept very low. And, again, we believe that is
17 a good thing.
18 Any questions at all on Dixon before I
19 begin with Spencer Bibbs?
20 Okay.
21 Either I'm doing really well, or you all
22 want to get through quickly this morning.
23 COMMISSIONER CRAWFORD: Maybe both.
24 DR. MAY: Okay. The -- the next session is
25 on Spencer Bibbs, and it begins with a sheet
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 75
April 25, 2000
1 that looks like this that says Spencer Bibbs
2 Academy, STAR Reading Test Results, if you'd
3 like to follow along.
4 You will see the results basically
5 stated -- and -- and the STAR is Standardized
6 Test Assessing Reading. You will see those
7 results stated in terms of more than years
8 gained.
9 Now, what that means is, if a student was
10 over on the far right-hand column, which is a
11 no change, that means they got a year's worth
12 of learning in a year's worth of time.
13 All of the other gains represent more than
14 a year. And you will see that, quite frankly,
15 the -- the largest group represented over 7 at
16 the second grade -- well, actually in all of
17 the grades, second, third, fourth, and fifth,
18 you will notice that most of those students do
19 represent over 1.7 years worth of gains in
20 their reading.
21 And, again, we're very proud of that.
22 Is that pretty easy for everyone to see, or
23 do I need to cover it maybe further?
24 Okay.
25 Turning to the next page, and we're going
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 76
April 25, 2000
1 to talk about something you may be a little
2 more familiar. This is the SRA assessments.
3 What we want to show you on that is
4 basically all of the different grades, and
5 where they actually stand right now in terms of
6 below level, on level, and above level.
7 And if you'll look at the fourth grade,
8 which to me is certainly one of the -- the
9 premier grades, since that's the one that was
10 tested this year, you'll notice that
11 29.7 percent of the students are still below
12 level, while 70.3, based on the SRA, were
13 reading at grade level.
14 Also again, I would note that the
15 fifth grade, as you'll notice, is -- is a
16 little lower than any other grades, and that is
17 the group that put us on the list with which we
18 began the two series of Fs.
19 Moving to the next page is the Spencer Bibb
20 writing scores. And basically what we've done
21 is to list Florida Writes in terms of zero to
22 4.5.
23 And we have the beginning of the year on
24 the left; we have the end of the year -- well,
25 not actually the end, but January of 2000 on
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 77
April 25, 2000
1 the right.
2 If you will take a look at the students who
3 scored 3 or above, at the beginning of the
4 year, you'll notice that it showed 41 percent
5 scored 3 or above.
6 If you move to the end of the year -- or
7 January, you'll notice that 83 percent scored 3
8 or above by the end of the year.
9 It represents some pretty substantial gains
10 for students in that area.
11 Moving to the next page is Spencer Bibbs
12 mathematic scores. And again, what I would
13 like to point out to you is that we did a CAT
14 test, which was the end of this group's
15 fourth grade, remembering that this is the
16 group that put us on the list.
17 At the end of the fourth grade, you can see
18 the CAT test scores for that group.
19 The one I'd particularly like you to see is
20 look at the middle -- middle level of students,
21 and you will note that 13 percent scored in the
22 50th to 74th percentile.
23 If you go to the pre-FCAT which we gave in
24 August, after students had been in school a
25 little bit over a month, you'll notice that the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 78
April 25, 2000
1 50 to the 74th went up to 19 percent.
2 If you go to the end of the year, which is
3 the post-FCAT that was given really not at the
4 end of the year, but given in January, I want
5 you to notice that the 50 to 74 percent has now
6 risen to 30 percent, which basically represents
7 a 21 percent gain.
8 So that's what we're trying to do is to
9 move all of those students into that 50 to 75th
10 percentile.
11 Any questions about that?
12 GOVERNOR BUSH: The tests that you're
13 giving, do they -- would you think that they
14 were a leading indication of the FCAT results
15 when they come back?
16 DR. MAY: Well, I sure hope it is. It is
17 the -- the Florida's FCAT practice test that
18 we're giving.
19 And -- and I would have to say that based
20 on what I know, it is a pretty good indication.
21 I'm surely not going to stand up here and tell
22 you that -- that this guarantees that both of
23 these schools will get off the list. We do
24 hope that happens. But --
25 GOVERNOR BUSH: Well, let me ask the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 79
April 25, 2000
1 question another way. If this was the test --
2 I know that's a hypothetical --
3 DR. MAY: They would have -- they would
4 have --
5 GOVERNOR BUSH: They'd both be off.
6 DR. MAY: -- be off in -- in almost every
7 area. The only class that would have still
8 been there would have been the fifth grade
9 mathematics.
10 GOVERNOR BUSH: But close.
11 DR. MAY: Yes. They were very close.
12 That's correct.
13 So -- so again, I -- I want to compliment
14 those teachers and principals, and -- and
15 members of that staff, because they have made
16 incredible progress in the short period of
17 really three years that we've been doing these
18 enhanced curriculum assessments.
19 Are there other questions that I might ask
20 about -- or might answer about any -- anything
21 else to do with those two schools?
22 SECRETARY HARRIS: Question.
23 We spent a great deal of time going over
24 all of these test results and --
25 DR. MAY: Uh-hum.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 80
April 25, 2000
1 SECRETARY HARRIS: -- trying to understand.
2 And -- and this year, we have two schools; next
3 year we could have many, many more.
4 And as I understand it, each school has the
5 ability to use whatever tests that they think
6 are -- are best fitted to their school to
7 determine this progress. And -- and I greatly
8 respect that.
9 But in looking at all these statistics,
10 Governor, is there any way to -- to quantify
11 or -- or -- or standardize or be able to -- to
12 look at these tests and -- and through
13 statistical analysis, say, this is good, or
14 this isn't.
15 Because as you're -- you're reviewing,
16 and -- and, again, there's so many tests
17 that -- that can -- can be utilized, even on,
18 let's say -- as I was looking at it, in
19 particular, the test that you'll note --
20 Okay. The -- sorry -- the -- when -- when
21 we looked at the Spencer Bibbs Academy STAR
22 Reading Test Results. When we see -- there's a
23 gain of 1 or 2, or a gain of 3 or 4, gain of 5
24 of 6, and a gain of over 7.
25 In the whole scheme of things, I don't know
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 81
April 25, 2000
1 if -- if that's good. It's statistical, but I
2 don't know what should be considered good
3 progress.
4 And -- and somehow I found it -- I mean, I
5 just found it so frustrating looking at all
6 these tests, and really trying to grapple with,
7 is this -- is -- what's stellar, what's
8 average, what's poor.
9 DR. MAY: Uh-hum.
10 SECRETARY HARRIS: And I think that as we
11 look at more and more -- as we have many more
12 schools next year to analyze, not being a
13 statistician, or not coming from an educational
14 environment, I find it extremely frustrating
15 to -- to not have a -- an overall statement
16 of -- of what this is.
17 Since you've done this, I -- I mean, I'm
18 sure you can look at that and -- and understand
19 the relevance based on your schools.
20 But is there anything that --
21 GOVERNOR BUSH: Well, I mean, our --
22 Superintendent May is pointing out that they
23 are assessing based on a standard that's been
24 established.
25 And they're also assessing annual learning
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 82
April 25, 2000
1 gains, which are the two means by which how you
2 measure -- you measure how -- how you are
3 against the expectations that the State has
4 set, that there was tremendous buy-in, and
5 that's what the FCAT test was created to -- to
6 match those -- those standards that were
7 established.
8 And now that we have a test that goes
9 grades 3 through 10, we will be able to have a
10 baseline -- unfortunately this year -- I mean,
11 next year, not this year, that will be able to
12 measure annual learning gains.
13 And it can be -- the statisticians could
14 put that as -- as Superintendent May did in one
15 of these charts, in a way that would be easy to
16 understand, which is 3.7 -- if you're in
17 third grade, you're -- you're above grade level
18 if you're a 3.7. I mean, that --
19 SECRETARY HARRIS: Right.
20 GOVERNOR BUSH: -- that would be easy for
21 people to understand.
22 Unfortunately, even in this presentation,
23 there's six different ways of measuring it.
24 And so the standardization can be done, and --
25 and the FCAT provides the opportunity --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 83
April 25, 2000
1 SECRETARY HARRIS: Right.
2 GOVERNOR BUSH: -- to do it, I think. And
3 that -- and that's what we'll see in June,
4 Commissioner? Not -- not --
5 COMMISSIONER GALLAGHER: Mid June.
6 GOVERNOR BUSH: Not May?
7 COMMISSIONER GALLAGHER: I'd love it to be
8 May.
9 DR. MAY: So would we.
10 GOVERNOR BUSH: I know you would.
11 DR. MAY: So would we.
12 COMMISSIONER GALLAGHER: Love it to be
13 beginning of May, but it's middle June.
14 GOVERNOR BUSH: I'm just going to bring
15 that up every time when you go talk to the
16 company.
17 DR. MAY: Well, we appreciate that,
18 Governor. We'd like to see it earlier.
19 GOVERNOR BUSH: I know.
20 DR. MAY: As you know, our -- our students
21 get out at the end of May. And our students
22 will have already been gone. So we're not
23 going to know whether they should be held
24 back --
25 SECRETARY HARRIS: Right.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 84
April 25, 2000
1 DR. MAY: -- in the fourth grade or what to
2 do. And -- and -- and that's certainly not to
3 place blame. Nobody's doing that. It's just
4 a --
5 GOVERNOR BUSH: Well, you could --
6 DR. MAY: -- matter of --
7 GOVERNOR BUSH: -- you could -- you can
8 hold --
9 COMMISSIONER GALLAGHER: Do you want to --
10 GOVERNOR BUSH: -- people back.
11 COMMISSIONER GALLAGHER: -- give the tests
12 in January? We can get them --
13 GOVERNOR BUSH: No. We want --
14 COMMISSIONER GALLAGHER: -- back in May.
15 GOVERNOR BUSH: -- to do the test in --
16 DR. MAY: Well then, we'd be --
17 GOVERNOR BUSH: -- in April --
18 DR. MAY: -- assessing half a year of work.
19 COMMISSIONER GALLAGHER: You want the tests
20 in -- in June, and the results in May.
21 GOVERNOR BUSH: Yes.
22 SECRETARY HARRIS: Exactly.
23 Exactly.
24 COMMISSIONER GALLAGHER: We're getting
25 closer. We're getting --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 85
April 25, 2000
1 SECRETARY HARRIS: Well, cert-- certainly
2 these --
3 DR. MAY: That would be good.
4 SECRETARY HARRIS: -- certainly these
5 progress reports are helpful. But I guess I'm
6 just trying to look ahead. And when we have so
7 many schools coming through, and they're all
8 going to be using different --
9 DR. MAY: Well, let -- let me try --
10 SECRETARY HARRIS: -- it gets so -- can
11 you --
12 DR. MAY: -- and give you an answer.
13 I agree absolutely with what Governor Bush
14 has said. I -- I do want to just stress though
15 that when we make decisions about a child's
16 individual progress, we should make those
17 decisions based on data.
18 The only thing that we can use to assess a
19 student's progress would be the tests that we
20 currently have in place, such as SRA, and some
21 others that are available.
22 Once again, when we get others available,
23 we can maybe do it differently. But right now
24 we only have this data to use. And any
25 decisions that we make about whether a child is
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 86
April 25, 2000
1 learning or not shouldn't be just based on what
2 we think, it should be based on hard data. And
3 that's --
4 SECRETARY HARRIS: Sure.
5 DR. MAY: -- why we've presented this.
6 I -- I will submit to you that no test
7 teaches a child a thing. A test doesn't --
8 SECRETARY HARRIS: No.
9 DR. MAY: -- teach a child anything. Those
10 teachers that are out there working in these
11 two particular schools for 210 days are what
12 are going to make the difference in their
13 lives.
14 And -- and we -- we recognize that, and
15 appreciate it. But as District personnel, what
16 we've tried to do is to give them opportunities
17 to assess the individual progress, to create
18 matrix -- matrices of learning for every single
19 student.
20 And by doing that, we think we can help
21 teachers teach to the child singularly than to
22 the entire class. And that's the -- that's the
23 beauty of this whole system.
24 GOVERNOR BUSH: Do you have same -- do you
25 have similar information for the other F rated
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 87
April 25, 2000
1 schools in Escambia County?
2 DR. MAY: No. I just brought the two
3 that --
4 GOVERNOR BUSH: But you -- do you have it?
5 DR. MAY: Oh, yes. Absolutely. Yes, sir.
6 GOVERNOR BUSH: How's -- how's -- how are
7 they doing in terms of the --
8 DR. MAY: We feel --
9 GOVERNOR BUSH: -- similar kind of --
10 DR. MAY: -- very good and see these same
11 kinds of progresses occurring.
12 But, again, you -- who knows what's going
13 to happen on that single day? If you'll
14 remember, I'd showed you two tests that were
15 given two weeks apart.
16 The first test, we had children 63 percent,
17 scored a 3 or above. The second test, the same
18 group of children scored 60 percent with a
19 3 above on Florida Writes.
20 What does that mean, that they got dumber
21 during the two weeks?
22 No, it -- it could mean that maybe on that
23 day, some child didn't get breakfast; maybe on
24 that day, three kids were absent. Maybe on
25 that day, a variety of things, they had a fight
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 88
April 25, 2000
1 with an older brother or sister.
2 So there are so many factors that go into
3 test taking that can cause children to do
4 better or worse on a certain day, that -- that
5 it's really hard to -- to just say for sure,
6 this is exactly what will happen to these
7 students.
8 GOVERNOR BUSH: Any comments?
9 Questions?
10 Superintendent, we --
11 DR. MAY: I --
12 GOVERNOR BUSH: -- appreciate you coming.
13 DR. MAY: Well, I would like to share with
14 you, Governor. I know you were interested in
15 the incentive pay issue.
16 Chairperson Stidham has submitted through
17 the collaborative bargaining team, a request
18 for them to consider as a part of the
19 collaborative bargaining incentive pay to those
20 teachers at those schools should they pass, or
21 get off the F list.
22 And I did want you to know, she has done
23 that, and knew that you would be appreciative
24 of her efforts to that.
25 GOVERNOR BUSH: Thank you.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 89
April 25, 2000
1 TREASURER NELSON: May I ask --
2 GOVERNOR BUSH: Yes.
3 TREASURER NELSON: -- one question?
4 Congratulations on the progress that you
5 are making. It's -- it's very obvious and --
6 and very welcome.
7 Of the total amount of new resources that
8 you put in to those two schools, can you
9 quantify that on a per student basis over and
10 above what was being spent before?
11 DR. MAY: I don't know that I could do
12 that. I -- I will tell you this, that we
13 probably have increased our expenditures at
14 those two schools on a per pupil basis by
15 40 percent.
16 TREASURER NELSON: All right.
17 DR. MAY: If not more. If not more.
18 TREASURER NELSON: Of the 40 percent, how
19 much of that money comes from local, how much
20 from State, and how much from Federal funds?
21 DR. MAY: The -- the State did provide us,
22 through the Department of Education
23 opportunities, to write a variety of grants. I
24 haven't really broken it down to give you those
25 exact figures.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 90
April 25, 2000
1 But I will tell you that as a District, our
2 contributions probably have been a hundred and
3 fifty to a hundred and eighty thousand dollars
4 as a District.
5 TREASURER NELSON: But --
6 DR. MAY: But the State also made some
7 contributions. I don't want to mislead anyone.
8 I just don't have them here. I do have a chart
9 at home that gives what their contributions
10 have been.
11 TREASURER NELSON: Is any of that money
12 Federal as well?
13 DR. MAY: Yes, some of it has been Federal.
14 Uh-hum.
15 TREASURER NELSON: I'd be most interested
16 in that.
17 DR. MAY: We'll try to get that for you
18 then, Mr. Nelson, for the -- the next time that
19 we come before you.
20 COMMISSIONER GALLAGHER: For what it's
21 worth, we did a study on funding per student
22 A schools, compared to F schools.
23 And across the state, there is a difference
24 of about -- between -- including the $100 per
25 student that the A school gets, that the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 91
April 25, 2000
1 districts using State and Federal funds and
2 their own funds, there's a difference of
3 somewhere between five and seven hundred
4 dollars per pupil spent on the students in the
5 F schools, as opposed to A schools.
6 So the districts are doing what we expect
7 them to do, is put the resources where,
8 in fact, they're needed to get these students
9 that historically have not been at grade level,
10 up to grade level so they'll be able to be
11 successful. And that's really what our
12 expectations are.
13 And the good news is that that's happening.
14 GOVERNOR BUSH: Any other questions to the
15 Superintendent?
16 Thank you very much for coming.
17 DR. MAY: Thank you.
18 GOVERNOR BUSH: Thanks for the update.
19 MR. PIERSON: Item 5 is an amendment to
20 Rule 6A-10.060, the Excellent Teaching Program.
21 For the Department, we have David Ashburn.
22 GOVERNOR BUSH: Is there a motion?
23 ATTORNEY GENERAL BUTTERWORTH: Motion.
24 COMMISSIONER GALLAGHER: I think we've got
25 a -- I'll make the motion, but we should listen
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 92
April 25, 2000
1 to the presentation --
2 GOVERNOR BUSH: Oh, is someone coming?
3 I'm sorry.
4 COMMISSIONER GALLAGHER: Yeah. We -- we
5 have --
6 GOVERNOR BUSH: There's a motion and a
7 second.
8 And now we'll have a presentation.
9 COMMISSIONER GALLAGHER: Right.
10 Have we gotten it all worked out, David, or
11 are we going to have a lot of speakers?
12 MS. COOPER: Just one, if necessary.
13 MR. ASHBURN: Okay. We'll see.
14 Good morning --
15 GOVERNOR BUSH: Good morning.
16 MR. ASHBURN: -- Governor Bush and members
17 of the State Board of Education.
18 My name is David Ashburn. I'd like to give
19 you an overview of the Excellent Teaching
20 Program in Florida.
21 I'd like to describe the program which is
22 based on National Board for Professional
23 Teaching Standard certification, explain the
24 salary incentives based on the National Board
25 certification, and explain the purpose of the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 93
April 25, 2000
1 rule amendment as it relates to ensuring that
2 only exemplary teachers receive salary bonuses
3 related to this program.
4 First of all, the Florida Teaching
5 Program -- Excellent Teaching Program was
6 enacted by the 1998 Legislature. The intent of
7 the law is to reward teaching excellence as
8 providing -- by providing incentives for
9 Florida teachers who seek certification by the
10 National Board --
11 (Treasurer Nelson exited the room.)
12 MR. ASHBURN: -- for Professional Teaching
13 Standards, and to reward those teachers who
14 hold this National Board certification with
15 salary bonuses, and also mentoring bonuses.
16 The National Board certification is a
17 voluntary certification, and does not replace
18 State level certification. It's an additional
19 certification, in other words.
20 Certification process is administered by
21 the -- a private, nonprofit organization
22 governed by a 63-member Board of Directors,
23 most of whom are teachers.
24 The certificate, which is valid for
25 ten years, is based on a standards for specific
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 94
April 25, 2000
1 certification area, and involves a rigorous
2 process designed to identify excellence in
3 teaching, and requires a portfolio component,
4 as well as written assessment component.
5 The bonuses I'd like to explain now.
6 First of all, the salary bonuses are equal
7 to 10 percent of the prior year -- year's
8 average statewide classroom teacher salary.
9 And it goes to each teacher who holds a
10 National Board certification and has a
11 satisfactory annual performance appraisal.
12 Secondly, that same teacher is eligible for
13 an additional 10 percent of the average
14 statewide teachers class-- classroom teacher
15 salary for mentoring up to -- or at least
16 12 full days of service beyond the regular
17 teaching contract.
18 This amounts to approximately $7,000 that
19 could be added to a person's salary as a bonus
20 if you add the two together.
21 The purpose of this rule is to specify the
22 conditions under which a National Board
23 certified teacher shall lose eligibility for
24 receipt of the certification and mentoring
25 salary bonuses. And I mean they would be
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 95
April 25, 2000
1 disqualified from these -- these bonuses.
2 As specified in the rule amendment, the
3 National Board certified teacher is ineligible
4 to receive payment of these bonuses upon
5 conclusion of an investigation, which is very
6 thorough by the Department of Education, and a
7 finding of probable cause to take disciplinary
8 action against the educator's certificate is
9 found.
10 And if the allegations are proven or
11 admitted to, and result in a penalty, or if the
12 educator enters into a settlement agreement
13 with the Department of Education resulting in a
14 penalty.
15 (Treasurer Nelson entered the room.)
16 MR. ASHBURN: I might go ahead and explain
17 that this would be for any educator who has a
18 Florida certificate. This would not be in --
19 not involve their past prior to that
20 certificate being issued in the
21 state of Florida. It's a person who holds a
22 valid Florida teaching certificate, and then
23 they are found to have violated the code of
24 ethics for the profession, and then they go --
25 are investigated by the Department of Education
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 96
April 25, 2000
1 and come to a settlement agreement, or they
2 admit guilt.
3 We would request your approval of this
4 amendment today. This, we think, will ensure
5 that salary bonuses received through the
6 Excellent Teaching Program are directed toward
7 those who represent the very best in the
8 teaching profession in Florida.
9 Thank you.
10 GOVERNOR BUSH: Thank you.
11 MS. COOPER: Good morning, Governor,
12 members --
13 GOVERNOR BUSH: Good morning.
14 MS. COOPER: -- of the Cabinet.
15 My name is Pam Cooper. And I represent
16 FTP-NEA.
17 Let me say at the outset that I wanted to
18 thank the Commissioner, and General Counsel,
19 Mike Olenick, for their efforts to clarify this
20 particular rule.
21 And for the record, as we understand what
22 Mr. Ashburn has said, it is clear that new
23 applicants to this state will not be subject to
24 the rule. And once they have received
25 certification, it is only then -- thereafter
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 97
April 25, 2000
1 that they may be precluded from receiving this
2 bonus.
3 And that it is not also going to apply to
4 those who have previously received settlement
5 agreements.
6 The only issue that I think requires some
7 clarification is whether or not those that are
8 currently serving under a settlement agreement,
9 or under a final order with the Education
10 Practices Commission for prior offenses that
11 may have occurred even before they arrived in
12 Florida, will still be under this particular
13 rule.
14 We think that matter could be clarified.
15 And certainly if that is an issue that we could
16 address today for the record, that would be
17 greatly appreciated.
18 And, again, I think that our critical
19 concern was to make sure that everyone
20 understood that when we enter into settlement
21 agreements, that there's never any admission of
22 fact. There is -- there is no finding of
23 guilt, and there is no adjudication of the
24 facts, as alleged in the administrative
25 complaint.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 98
April 25, 2000
1 And so we see that there is a major
2 distinction between the class of individuals
3 who have been adjudicated guilty, vis-a-vis
4 those people, who, for any reason, enter into a
5 settlement agreement.
6 So if you have any questions, I'd be happy
7 to respond.
8 GOVERNOR BUSH: Any questions?
9 Commissioner Gallagher?
10 COMMISSIONER GALLAGHER: I have no
11 questions.
12 GOVERNOR BUSH: Okay.
13 Is there -- there is a motion and a second.
14 COMMISSIONER GALLAGHER: There is.
15 GOVERNOR BUSH: Any other discussion?
16 Without objection, it's approved.
17 Item --
18 MR. PIERSON: Item 6, appointments to the
19 Education Standards Commission appointing
20 Charles L. Roberts, replacing
21 Dr. Katherine Johnson, for a term ending
22 September 30, 2000.
23 And John Ciliento, replacing
24 George Huckabay, for a term ending
25 September 30th, 2002.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 99
April 25, 2000
1 COMMISSIONER GALLAGHER: Motion.
2 COMMISSIONER CRAWFORD: Second.
3 GOVERNOR BUSH: Moved and seconded.
4 Without objection, it's approved.
5 Thank you.
6 (The State Board of Education Agenda was
7 concluded.)
8 * * *
9 (The Cabinet meeting was concluded at
10 11:17 a.m.)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
100
April 25, 2000
1 CERTIFICATE OF REPORTER
2
3
4
5 STATE OF FLORIDA:
6 COUNTY OF LEON:
7 I, LAURIE L. GILBERT, do hereby certify that
8 the foregoing proceedings were taken before me at the
9 time and place therein designated; that my shorthand
10 notes were thereafter translated; and the foregoing
11 pages numbered 1 through 99 are a true and correct
12 record of the aforesaid proceedings.
13 I FURTHER CERTIFY that I am not a relative,
14 employee, attorney or counsel of any of the parties,
15 nor relative or employee of such attorney or counsel,
16 or financially interested in the foregoing action.
17 DATED THIS 6TH day of MAY, 2000.
18
19
20 LAURIE L. GILBERT, RPR, CCR, CRR, RMR
100 Salem Court
21 Tallahassee, Florida 32301
850/878-2221
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
|
Cabinet
Affairs
