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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:
FINANCIAL SERVICES COMMISSION
DEPARTMENT OF VETERANS' AFFAIRS
ADMINISTRATION COMMISSION
BOARD OF TRUSTEES
STATE BOARD OF ADMINISTRATION
The above agencies came to be heard before
THE FLORIDA CABINET, The Honorable Governor Bush
presiding, in the Cabinet Meeting Room, LL-03, The
Capitol, Tallahassee, Florida, on Thursday, June 12,
2003, commencing at approximately 9:40 a.m.
Reported by:
MARY ALLEN NEEL
Registered Professional Reporter
ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
TALLAHASSEE FLORIDA 32301
(850)878-2221
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APPEARANCES:
Representing the Florida Cabinet:
JEB BUSH
Governor
CHARLES H. BRONSON
Commissioner of Agriculture
CHARLIE CRIST
Attorney General
TOM GALLAGHER
Chief Financial Officer
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I N D E X
FINANCIAL SERVICES COMMISSION
(Presented by Kevin McCarty)
ITEM ACTION PAGE
1 Approved 12
2 Approved 13
3 Approved 13
DEPARTMENT OF VETERANS' AFFAIRS
(Presented by Rocky McPherson)
ITEM ACTION PAGE
1 Approved 15
2 Approved 15
ADMINISTRATION COMMISSION
(Presented by Theresa Tinker)
ITEM ACTION PAGE
1 Approved 26
2 Approved 26
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND
(Presented by Eva Armstrong)
ITEM ACTION PAGE
1 Approved 31
2 Approved 32
3 Approved 32
4 Approved 33
5 Withdrawn 34
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STATE BOARD OF ADMINISTRATION
(Presented by Coleman Stipanovich)
ITEM ACTION PAGE
1 Approved 36
2 Approved 36
3 Approved 37
4 Approved 37
5 Approved 41
6 Approved 41
CERTIFICATE OF REPORTER 42
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1 P R O C E E D I N G S
2 (The agenda items commenced at 9:40 a.m.)
3 GOVERNOR BUSH: All right. Thank you,
4 General.
5 As you know, Tim Moore has announced that
6 his incredibly distinguished career will -- at
7 least in state government, will end shortly. I
8 believe, Daryl, July 31st is his date. And Tim
9 couldn't be here today. He is down at the
10 changing of the guard. Admiral Carmichael is
11 moving to Washington to be the chief military
12 advisor to Secretary Ridge. And we've had a
13 great working relationship with the Coast Guard,
14 and Tim made a commitment to be down there.
15 But with his departure, it will be
16 necessary for me to appoint a new Executive
17 Director. And our office is going to set up a
18 process for interviewing, and we will keep the
19 Cabinet informed of our progress. I think what
20 we'll do is, we'll have a committee, internal
21 committee, and they'll make recommendations of
22 three or four, and then I'll ask you all to
23 interview them if you like.
24 Our hope is that we can get this done in
25 the first meeting in August, since, as I
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1 understand it, July is -- we're not having
2 Cabinet. So that's my intent. And in the
3 interim, I would like to appoint Assistant
4 Executive Director Daryl McLaughlin as Executive
5 Director and ask that the Cabinet approve Daryl
6 as the interim appointment.
7 CFO GALLAGHER: Motion.
8 COMMISSIONER BRONSON: Second.
9 GENERAL CRIST: Second.
10 GOVERNOR BUSH: There's a motion and a
11 second. Any discussion?
12 Without objection, the motion passes.
13 Daryl, you want to come say hello? We all
14 know you, but --
15 MR. McLAUGHLIN: Good morning. Thank you,
16 Governor.
17 GOVERNOR BUSH: Thank you for sticking
18 around.
19 MR. McLAUGHLIN: Well, it's my pleasure to
20 stick around, whether it's a few days or a few
21 years. I'm honored and privileged to serve at
22 FDLE.
23 You know, Tim casts a long a shadow over
24 our organization. He has created a deep bench,
25 as he refers to it as. And I feel like I've
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1 kind of been in a training program for the last
2 15 years. It doesn't compare at all to recruit
3 school back in 1976, but it's certainly a pretty
4 comprehensive program. So I'm privileged to
5 serve in his stead while he makes his way into
6 the private sector. I'm honored by your
7 confidence. And you can count on the folks, the
8 men and women who serve daily at FDLE, to make
9 you proud.
10 Thank you.
11 GOVERNOR BUSH: Thank you very much. I
12 honestly believe -- and people tire of me saying
13 that we're number one in every possible category
14 of life, but I honestly believe that the Florida
15 Department of Law Enforcement is the best state
16 law enforcement agency in the country. And you
17 can measure it by what local law enforcement
18 thinks of it, and it never -- it didn't used to
19 be that way.
20 COMMISSIONER BRONSON: That's true.
21 GOVERNOR BUSH: They have built a great
22 relationship with local law enforcement. Our
23 DNA technology, or DNA activities are by far and
24 away number one, and that will help us going
25 forward immeasurably in fighting crime and
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1 identifying people that commit crime. And the
2 training and the caliber of the officers, the
3 agents, is just phenomenal. I just -- I cannot
4 tell you how proud I am of how good you all do
5 your jobs.
6 MR. McLAUGHLIN: That's great to hear.
7 Thank you, sir. I appreciate it.
8 COMMISSIONER BRONSON: Governor, if I could
9 ask, in your search, both inside and outside, or
10 whoever is going to apply, or however you're
11 going to do this, I am in hopes, having had some
12 law enforcement background, that law enforcement
13 administrative knowledge, which is pretty unique
14 -- this Department has picked up a lot of law
15 enforcement capabilities over the past just few
16 years that it didn't have just eight, nine years
17 ago. And working on that many investigations of
18 those types of calibers, law enforcement
19 administration is a major part of that, and I
20 would hope that your team will be looking at
21 that as one of their major criteria.
22 CFO GALLAGHER: Is there criteria that
23 you're setting, that's going to be -- I mean,
24 shouldn't we have some kind of criteria?
25 GOVERNOR BUSH: I don't think we need
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1 criteria. I think we're going to have ample
2 people that will apply that will pass the test.
3 I mean, obviously, someone running the Florida
4 Department of Law Enforcement ought to have law
5 enforcement background, just like someone
6 running the Agriculture Department ought to have
7 some ag background. I mean, that's --
8 CFO GALLAGHER: Well, there's a big
9 difference. One, all you have to do is get more
10 votes than the other guy to be the Agriculture
11 Commissioner, or the Chief Financial Officer,
12 for that matter.
13 GOVERNOR BUSH: Well, let me put it this
14 way. I appointed Charlie Bronson because he had
15 agriculture experience before he got elected.
16 And I wouldn't have appointed to Joe Schmo who,
17 you know, goes to Publix to shop, and that's his
18 direct connection with --
19 CFO GALLAGHER: Agriculture.
20 GOVERNOR BUSH: Agriculture. I mean, I
21 think -- I honestly believe that we will have
22 some awesome candidates. And we will keep you
23 totally apprised of how the process is going in
24 the interim. And then when the short list is
25 created, I really would like for you all to
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1 interview each one. All right?
2 CFO GALLAGHER: Governor, if I may.
3 GOVERNOR BUSH: Yes, you may. That was us
4 looking for --
5 CFO GALLAGHER: Parole Commission.
6 Pursuant to Section 947.04(1), I would like
7 to move that we approve a 2003-2004 list of
8 former Parole Commissioners for temporary duty
9 as needed. And the list of those are on the
10 letter that was sent to you by Monica David,
11 which is Maurice Crockett, Tony Fontana, Charles
12 Lawson, Guy Revell, Charles Griffin, Kenneth
13 Simmons, Edward Spooner, and Judith Wolson. And
14 so I'll move that we do approve those as
15 requested by Monica David, the Chairman of the
16 Florida Parole Commission.
17 COMMISSIONER BRONSON: Second.
18 GOVERNOR BUSH: Moved and seconded.
19 Without objection, the -- is it a resolution, or
20 it's just a --
21 CFO GALLAGHER: That's just a motion to
22 approve those, yes.
23 GOVERNOR BUSH: The motion passes. Thank
24 you, Treasurer.
25 The next Cabinet meeting will be Thursday,
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1 June 26th, 2003, and then I guess we're taking
2 -- we're going to take a month off. We're not
3 -- we're working, but --
4 CFO GALLAGHER: Well, we are. I don't know
5 about you, Governor.
6 GOVERNOR BUSH: I intend to, particularly
7 if we can get medical malpractice done, because
8 I'm trying to take my first vacation in two
9 years, and -- anyway, selfishly, I would like to
10 see it be done.
11 CFO GALLAGHER: That sounds like a good
12 reason to get it done.
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1 GOVERNOR BUSH: Financial Services
2 Commission.
3 CFO GALLAGHER: Motion on the minutes.
4 GENERAL CRIST: Second.
5 GOVERNOR BUSH: There's a motion and a
6 second. Without objection, the item passes.
7 Kevin, good morning.
8 MR. McCARTY: Good morning, Governor and
9 members of the Cabinet.
10 Agenda items 1 and 2 involve Rules
11 4-137.001 and 4-138.001, Florida Administrative
12 Code, which provides for the adoption of the
13 latest manuals of the National Association of
14 Insurance Commissioners. The most current
15 manuals are adopted each year and utilized by
16 all 50 states for the purpose of national
17 uniformity and efficiency in the review of
18 domestic companies.
19 The manuals to be adopted today are the
20 Annual Statement Instructions for Property and
21 Casualty, for Health and Life, for Accident and
22 Health, and the NAIC Accounting Practices and
23 Procedures Manual, and the Financial Condition
24 Examiners Handbook.
25 CFO GALLAGHER: I'll move Item 2 and 3.
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1 COMMISSIONER BRONSON: Second.
2 GOVERNOR BUSH: There's a motion on Items 2
3 and 3 and a second. Without objection, the item
4 passes.
5 MR. McCARTY: Thank you.
6 GOVERNOR BUSH: Kevin, thank you. Kevin,
7 out of -- yesterday, as you may know -- I
8 apologize for not getting the bill signed until
9 late at night, so we didn't -- maybe we didn't
10 get enough attention to the legislation. But I
11 was not in town, and I had to sign the bill, so
12 I had to wait till I got back. But how long
13 will it take for you to go through the
14 rulemaking process on the out-of-state insurance
15 bills, the regulations that are now required?
16 MR. McCARTY: The bill provides for the
17 Financial Services Commission to -- they may
18 adopt rules to further define predatory rating
19 practices. We're going to spend the next three
20 or four weeks meeting individually with the
21 companies that are involved in creating
22 out-of-state associations to get a sense of, you
23 know, their understanding of the bill. We
24 didn't plan to do any direct interpretation.
25 There is a provision in Section (3) which
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1 deals with interpretation of the conversion
2 policy that may need further clarification, and
3 we may want to adopt rules concerning that. In
4 the event that that's necessary, we'll probably
5 commence rulemaking in about six weeks.
6 GOVERNOR BUSH: Okay. Thank you.
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1 GOVERNOR BUSH: Department of Veterans'
2 Affairs.
3 CFO GALLAGHER: Motion on the minutes.
4 GENERAL CRIST: Second.
5 GOVERNOR BUSH: There's a motion on the
6 minutes and a second. Without objection, the
7 motion passes.
8 Rocky, good morning.
9 MR. McPHERSON: Good morning, sir. Sir,
10 our second item this morning is the quarterly
11 report. The material is in Attachment 2. It's
12 recommended for acceptance.
13 CFO GALLAGHER: Motion on 2.
14 GENERAL CRIST: Second.
15 COMMISSIONER BRONSON: Second.
16 GOVERNOR BUSH: There's a motion and a
17 second on Item 2. The motion passes.
18 MR. McPHERSON: And our third item this
19 morning, sir, is an informational presentation,
20 an update on the status of the Florida World War
21 II Veterans Memorial. As you know, that
22 memorial is composed of four major components,
23 the Museum of History World War II exhibit,
24 which already exists, the permanent World War II
25 monument, which I'll talk about momentarily, a
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1 high school history World War II curriculum
2 supplement to augment the curriculum in our
3 eleventh grade history courses, and a Florida
4 World War II Heritage Trail series booklet. We
5 have a slight -- a short presentation to go
6 through the major elements of this project.
7 The history exhibit, as you know, Governor,
8 you directed my predecessors to tackle this
9 project incrementally, and first portion of that
10 was the Museum of Florida History World War II
11 exhibit, which was dedicated on the 7th of
12 December, 2001, the sixtieth anniversary of
13 Pearl Harbor. Portions of that exhibit stayed
14 in the State Museum for almost a year and are
15 currently traveling around the state and on
16 display at three different locations this summer
17 involved. Planning is underway with the
18 Department of State to return the full exhibit
19 to the museum and have it back in place in time
20 for dedication of the monument portion during
21 November of 2004.
22 The permanent stone monument --
23 GOVERNOR BUSH: Rocky, do you still owe the
24 Department of State money?
25 MR. McPHERSON: Yes, sir, we do. We owe
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1 them about $29,000, and some of the
2 appropriation that was just passed in the GAA
3 when you sign it will be used to satisfy that
4 debt.
5 GOVERNOR BUSH: They're not charging you
6 interest, huh?
7 MR. McPHERSON: No, sir, I don't think so.
8 GOVERNOR BUSH: Good, because --
9 CFO GALLAGHER: To make it interesting.
10 MR. McPHERSON: The monument portion of
11 the project, the permanent stone monument, one
12 of the four elements of it, is the second major
13 increment, and we have begun design and
14 development of that portion of the project
15 through the generous pro bono services of the
16 architectural/engineering firm, Harvard, Jolly,
17 Clees & Toppe, of Tampa. They, incidentally,
18 are the firm that did the design work on our
19 last two state veterans' nursing homes, and
20 they're doing an exceptional job with this
21 monument, as you'll see the concept shortly.
22 We have gathered a World War II Monument
23 Working Group with representatives from the
24 Department of Management Services, Department of
25 State, and Liza McFadden from your staff, and we
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1 are now making some good coordinated progress on
2 this project. We continue to plan for
3 groundbreaking ceremonies for the monument on
4 Veterans Day of this year, November the 10th,
5 2003.
6 I would like to show you the initial design
7 concept for the monument itself. We are not
8 requesting approval of this concept today,
9 rather, just introducing it and, of course,
10 welcome comments and suggestions or any guidance
11 you would like to provide. This concept will
12 also be provided to the State Veterans'
13 Commission tomorrow and to the State Veterans'
14 Planning Group next week.
15 GOVERNOR BUSH: So this is on the --
16 MR. McPHERSON: This is on the southeast
17 corner of the entrance to the Florida Museum of
18 History. And as you'll notice, the centerpiece
19 of this first slide is the pillar. That
20 particular pillar is a granite pillar 19 feet
21 tall, and it's an exact replica of the Florida
22 pillar that will be an element of the National
23 World War II Memorial currently under
24 construction on the mall in Washington.
25 GOVERNOR BUSH: Oh, cool.
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1 MR. McPHERSON: This is the -- this is a
2 depiction of the National Monument, and you can
3 see in the background of this, each state has a
4 pillar represented there. We will -- from the
5 exact same quarry that manufacturers these, we
6 will purchase one of these pillars, and it will
7 become the centerpiece of the Florida Memorial.
8 CFO GALLAGHER: And then all those pillars
9 going up, there's one from each county, right,
10 those little dots going upward?
11 MR. McPHERSON: Yes, sir. When we get --
12 you can see the approach mechanism there. I'll
13 show you the next view. This is a street view
14 of the design concept. The walkway proceeding
15 to the centerpiece of the granite pillar has an
16 entranceway there, and the concept does have a
17 small marker for each county. We are -- this is
18 just a depiction. We have not gotten to the
19 design of exactly what each of those county
20 markers is going to do or what it's going to
21 have on it. There are a variety of suggestions,
22 such as bases that existed in those counties or
23 heros that came from those counties, Medal of
24 Honor recipients, or things like that. And our
25 committee is looking at both the design of the
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1 county pillars and the content that will go on
2 them.
3 GOVERNOR BUSH: Rocky, you know, there's a
4 central park, a city park in Bartow --
5 MR. McPHERSON: Yes, sir.
6 GOVERNOR BUSH: -- that is in front of the
7 county building, I think it is, that has the
8 history of Imperial Polk County in the form of
9 -- I think they used granite as well, granite
10 monuments or slabs, and they have interesting
11 historical facts. And it's -- it would be an
12 interesting concept, if you have enough space,
13 to do something similar for the connection. I
14 mean, I like the idea of connecting the counties
15 with the war effort.
16 MR. McPHERSON: Yes, sir. We think it's a
17 grand concept, and we will go look at that. And
18 also, we're making some liaison through the
19 Department of State with Dr. Olson's program at
20 FSU, which is a program to capture historical
21 family records of World War II veterans, and he
22 has a tremendous collection of state historical
23 data over at the FSU Department of History.
24 So the concept of all of those, yes, sir,
25 we'll bring it together and try and incorporate
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1 it into this design.
2 CFO GALLAGHER: I want to con -- I know it
3 has been a long time coming.
4 MR. McPHERSON: Yes, sir.
5 CFO GALLAGHER: There has been talk
6 probably since I've been around here, and that's
7 a long time. And I really think this is
8 impressive and really looks good, and I want to
9 congratulate you all on picking a design and a
10 place and everything. I think it's deserving of
11 what it's getting. And it has taken a while,
12 but it's great.
13 MR. McPHERSON: It's good progress, sir,
14 and we're going to continue to refine it. We
15 will bring it back to you once it has a lot more
16 definition for approval after we take it through
17 -- vet it through the veterans groups and the
18 State Veterans' Commission and other
19 stakeholders.
20 CFO GALLAGHER: Have you got an estimate on
21 the cost?
22 MR. McPHERSON: I'll attach that in the
23 last slide, if I can, sir. I'm trying to show
24 the cost of the entire four elements rather --
25 CFO GALLAGHER: Move on then.
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1 MR. McPHERSON: -- than just the monument.
2 GOVERNOR BUSH: You want to go to the end?
3 MR. McPHERSON: The other portion of this
4 that we got a great cooperative effort on is,
5 the Department of Management Services has agreed
6 to help with the construction and also help with
7 the maintenance of it, as they do for the Korean
8 War Memorial and the Vietnam War Memorial in the
9 city. And we're keeping an open liaison also
10 through DMS with the City of Tallahassee. So
11 we've got all the elements working together on
12 this, and hopefully we'll bring it together on
13 time.
14 The third element of the memorial concept
15 -- let's see. This is the third slide. This
16 shows a view that shows the pillar up a little
17 bit closer centered on that. The walls around
18 it can be used for appropriate and tasteful
19 plaques to recognize either events, individuals,
20 or sponsors, and we'll work on the content of
21 each of those in the committee that we have to
22 develop this further.
23 The third element of the entire concept is
24 a high school educational curriculum supplement
25 to augment World War II history teaching in the
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1 state eleventh grade history courses. This
2 program is moving forward. We have a team doing
3 it. And I specifically would like to commend
4 the Department of Education, and specifically
5 Commissioner Horne, who stepped up to the plate
6 and agreed to fund this portion of the concept
7 internally, and that was a tremendous step
8 forward.
9 The final element of the Memorial is
10 another booklet in the Florida Heritage Trail
11 series, and this particular one will be a World
12 War II Heritage Trail series guide. It's a
13 40-page full-color booklet. It identifies over
14 150 sites and individuals who were key, had
15 significant roles during the World War II
16 period. This booklet is completely developed.
17 We're at the point now of tying together and
18 identifying distribution, and our committee is
19 looking also at whether -- how we're going to do
20 it. And we want to not only put out the hard
21 copy books, which are great permanent
22 memorabilia, but we also want to have a CD to go
23 in the curriculum. We want to have an Internet
24 capability, to put it out and make it accessible
25 in a wide variety of mechanisms.
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1 The final slide is -- I would like to
2 address the question on the budget. These are
3 still estimates, but it is the first place we've
4 been able to kind of capture the whole thing in
5 one picture.
6 Some of this, of course, was fund-raising
7 from the State, which our department has been
8 doing for a good period of time, as you
9 mentioned, Treasurer. And this year, of course,
10 the State GAA contains $200,000 that the
11 Department requested and the Governor supported
12 and the Legislature passed, which is about a
13 third of the cost. And then we have Liza
14 McFadden working on sponsorships and
15 partnerships that will help us meet some of the
16 additional costs here, and also hopefully reduce
17 some of them. The DOE element that shows here
18 as $200,000 is going to come in substantially
19 lower.
20 So we're working that through. In the next
21 presentation, when we get the final concept and
22 we will have costed out the monument portion, we
23 will bring you an updated costing and a more --
24 a better look at what the total cost will be.
25 These four components constitute an
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1 impressive and lasting memorial for Florida's
2 World War II veterans. We're pleased with the
3 progress. We know it has been long coming, but
4 we look to bring it to fruition within a year,
5 in November of 2004 on Veterans Day. We look
6 forward in 2003 to groundbreak, a ceremony, and
7 November of 2004 to dedicate the monument.
8 GOVERNOR BUSH: Excellent.
9 MR. McPHERSON: Questions?
10 GOVERNOR BUSH: Thank you, very much,
11 Rocky.
12 MR. McPHERSON: Thank you, sir, for your
13 continuing support, all of you, for our
14 veterans.
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1 GOVERNOR BUSH: Administration Commission.
2 CFO GALLAGHER: Motion on the minutes for
3 December 11th and the minutes of January 28th.
4 GENERAL CRIST: Second.
5 GOVERNOR BUSH: There's a motion on Items 1
6 and 2. Without objection, the motion passes.
7 MS. TINKER: Good morning.
8 GOVERNOR BUSH: T-Square, how are you
9 doing?
10 MS. TINKER: I'm good, sir. How are you?
11 GOVERNOR BUSH: Excellent.
12 MS. TINKER: Item 3 is the appointment of a
13 selection committee for the statewide
14 advertisement review and recommendation of no
15 less than five names to the Administration
16 Commission for the purpose of appointing a
17 Director and Chief Administrative Law Judge to
18 the Division of Administrative Hearings.
19 GENERAL CRIST: Governor.
20 GOVERNOR BUSH: Yes, General.
21 GENERAL CRIST: I would like to make a
22 motion. I would move the appointment of a
23 four-person selection committee, one person
24 representing each office, to review applications
25 and make a recommendation of no less than five
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1 names to the Administration Commission for the
2 position of Director and Chief Judge of the
3 Division of Administrative Services as soon as
4 possible.
5 I would further move that staff to the
6 Administration Commission assist the selection
7 committee with the application and review
8 process and the preferred qualifications as set
9 forth by this Commission. In addition to the
10 minimum requirement that he or she be a member
11 of the Florida Bar in good standing for the five
12 previous years, the preferred qualifications
13 should include demonstrated executive and
14 administrative management skill and ability,
15 effective leadership, communication, and
16 prevention skills, knowledge of administrative
17 law procedures and agency rulemaking, excellent
18 writing stills and analytical ability, and an
19 understanding of budgetary priorities and
20 allocations. The position should be advertised
21 statewide, including in the Florida Bar News.
22 And finally, this motion would include the
23 appointment of Deputy Judge -- Chief Judge
24 Scott Stephens as interim director to continue
25 the operations of the Division as needed until
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1 the Commission makes their final selection.
2 CFO GALLAGHER: Let me ask a question
3 here. I'm not disagreeing with that. There
4 needs to be one other -- Scott Stephens's main
5 position right now as a deputy is overseeing the
6 workers' comp judges. So we need somebody -- if
7 he's going to take on the main job, somebody
8 needs to be doing his. So I think we should by
9 the next meeting get somebody to be doing his
10 temporarily too. I don't think it's fair having
11 one person trying to do both, because the
12 workers' comp thing is a pretty big set of
13 judges.
14 GOVERNOR BUSH: We could do that.
15 GENERAL CRIST: Good point.
16 GOVERNOR BUSH: That would be fine.
17 There's a motion. Is there a second?
18 COMMISSIONER BRONSON: Second.
19 GOVERNOR BUSH: Moved and seconded. Any
20 discussion?
21 Moved and seconded. Without objection, the
22 item passes.
23 I would hope this gets done pretty quick.
24 I don't know how long the anticipation is for
25 this --
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1 MS. TINKER: Well, we'll move as quickly as
2 possible, Governor. We'll have to go through
3 the advertisement period, which probably will
4 take about two weeks, at least two weeks, I
5 think, for a proper advertisement. And then
6 we'll pull the committee together and come back
7 to you hopefully in August, at one of your
8 August meetings, with a recommendation.
9 CFO GALLAGHER: Let's say the first August
10 meeting.
11 MS. TINKER: We'll try for that.
12 CFO GALLAGHER: Okay.
13 MS. TINKER: Governor, do you want to name
14 the appointments to the selection committee
15 today, or would you all like to get back with me
16 on that?
17 COMMISSIONER BRONSON: I can tell you who
18 mine is.
19 CFO GALLAGHER: Mine will be my --
20 MS. TINKER: It's your choice.
21 CFO GALLAGHER: Mine will be my General
22 Counsel, Mark Casteel.
23 GENERAL CRIST: We'll appoint Clay Roberts
24 for the Attorney General's Office.
25 COMMISSIONER BRONSON: And I went outside
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1 to pull Sam Ard to be my representative.
2 GOVERNOR BUSH: And I'm asking Raquel
3 Rodriguez to do it.
4 MS. TINKER: Okay.
5 CFO GALLAGHER: Let me also add, in the
6 past we've found that the Internet advertising
7 areas have -- has gotten some returns, for
8 whatever it's worth, so --
9 MS. TINKER: Okay.
10 CFO GALLAGHER: And they don't cost a lot.
11 MS. TINKER: Thank you, sir. Thank you.
12 GOVERNOR BUSH: Thank you.
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1 GOVERNOR BUSH: Board of Trustees.
2 CFO GALLAGHER: Motion on the minutes of
3 February 25th, 2002.
4 COMMISSIONER BRONSON: Second.
5 GOVERNOR BUSH: Moved and seconded.
6 Without objection, the item passes.
7 Eva, how are you?
8 MS. ARMSTRONG: I'm good. Thank you, sir.
9 Secretary Struhs is on vacation, so I'm filling
10 in for him.
11 GOVERNOR BUSH: Well deserved.
12 MS. ARMSTRONG: Item 2 is a sub-sublease
13 from the Department of Community Affairs to the
14 City of Pembroke Pines for some property in
15 Pembroke Pines for -- pardon me. Let me take a
16 deep breath here. It is property that is
17 managed specifically for Human Services Campus.
18 They provide services to the clients of the
19 Department of Community Affairs.
20 GOVERNOR BUSH: Department of Children and
21 Families.
22 MS. ARMSTRONG: Children and Families. I'm
23 sorry.
24 GOVERNOR BUSH: It's the old -- we don't
25 call it that anymore, but it's the old mental
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1 hospital.
2 MS. ARMSTRONG: Yes, sir, it is that site.
3 Pembroke Pines manages the site for Children and
4 Families, and they don't have to worry about it,
5 but the clients get the services that Children
6 and Families wants.
7 Questions?
8 GOVERNOR BUSH: Is there a motion?
9 COMMISSIONER BRONSON: Motion on the item.
10 CFO GALLAGHER: Second.
11 GOVERNOR BUSH: Moved and seconded.
12 Without objection, the item passes.
13 MS. ARMSTRONG: Item 3 is an option
14 agreement to purchase 161 acres within the
15 Caloosahatchee Ecospace Florida Forever project.
16 This is within Hendry County.
17 CFO GALLAGHER: Motion on number 3.
18 COMMISSIONER BRONSON: Second.
19 GOVERNOR BUSH: Moved and seconded.
20 Without objection, the item passes.
21 MS. ARMSTRONG: Item 4 is an option
22 agreement within the Pal-Mar Florida Forever
23 project. Is it's in Palm Beach County, for
24 2,600 acres.
25 CFO GALLAGHER: Motion on 4.
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1 COMMISSIONER BRONSON: Second.
2 GOVERNOR BUSH: Moved and seconded.
3 Without objection, the item passes.
4 MS. ARMSTRONG: Item 5 is the Southern
5 Golden Gate Estates project. This is the
6 discussion between the County over the -- a
7 number of items. We are requesting a withdrawal
8 to bring the item back to you in August. I
9 wanted to give you a brief update on different
10 pieces of the Southern Golden Gate Estates
11 project for you.
12 On this particular piece, we are in
13 discussions with the County over the issue of
14 the roads. We had asked Pam MacKie of the Water
15 Management District to discuss with the County
16 whether or not there's some arrangement we could
17 make where they would get some compensation for
18 the roads in exchange for us getting the
19 easement over them. There have been initial
20 discussions. We have not yet come to agreement.
21 But we thought it would be worth it to give them
22 through the summer to see if they could come to
23 that agreement instead of having to go through
24 the condemnation process. So we will bring an
25 item back to you in August.
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1 There's some movement in the other areas.
2 With the Miccosukees, they have now asked us to
3 come meet with them the second meeting -- second
4 week of July down in Miami to present to them
5 different options that we had been looking at.
6 With Mr. Hardy -- he is the man who owns
7 the catfish area in the northern part of
8 Southern Golden Gate Estates. He has asked to
9 look at the temporary use agreement. He might
10 be willing to enter into that to allow him to
11 stay until we absolutely have to have him off
12 the property.
13 Mr. Miller is the only one that we haven't
14 had any movement on yet, but we're continuing to
15 pursue options.
16 So with that, we would request withdrawal.
17 CFO GALLAGHER: I would move to withdraw
18 Item 5.
19 GENERAL CRIST: Second.
20 MS. ARMSTRONG: And it's substitute Item 5.
21 GOVERNOR BUSH: There's a motion to
22 withdraw and a second. Without objection, the
23 item passes.
24 Eva, they met yesterday, the Collier
25 County Commission? Are you aware of this?
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1 MS. ARMSTRONG: They were in a workshop
2 yesterday. They met the day before specifically
3 on these issues.
4 GOVERNOR BUSH: How's the pulse rate down
5 there?
6 MS. ARMSTRONG: They seem to think the
7 value of the roads is at 19 million. We think
8 it's substantially less. They --
9 GOVERNOR BUSH: Roads that -- these are the
10 dirt roads that --
11 MS. ARMSTRONG: The multitude of roads.
12 You know, some of them have them been paved but
13 have not been -- paved by the developer sometime
14 back. The County has really not put much money
15 at all, if anything, into these roads. That's
16 part of the issue.
17 GOVERNOR BUSH: But they're trying to work
18 with us, to their credit.
19 MS. ARMSTRONG: Yes, sir, they are. We
20 have had some discussions.
21 GOVERNOR BUSH: Thank you.
22 MS. ARMSTRONG: Yes, sir. And that's our
23 agenda.
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1 GOVERNOR BUSH: Okay. State Board of
2 Administration.
3 CFO GALLAGHER: Motion on the minutes.
4 COMMISSIONER BRONSON: Second.
5 GENERAL CRIST: Second.
6 GOVERNOR BUSH: Moved and seconded.
7 Without objection, Item 1 passes.
8 Item number 2. Coleman, how are you doing?
9 MR. STIPANOVICH: I'm doing good, sir.
10 Thank you, Governor and members.
11 Item number 2 is a request for approval of
12 fiscal determination of an amount not exceeding
13 15,200,000 tax-exempt Florida Housing Finance
14 Corporation multifamily mortgage revenue bonds,
15 2003 series, Barclay Forge Apartments. It's
16 recommended that the Board approve this fiscal
17 determination.
18 CFO GALLAGHER: Motion on number 2.
19 GENERAL CRIST: Second.
20 GOVERNOR BUSH: Moved and seconded.
21 Without objection, the item passes.
22 MR. STIPANOVICH: Request approval for
23 fiscal determination of an amount not exceeding
24 6,300,000 tax-exempt Florida Housing Finance
25 Corporation multifamily mortgage revenue bonds,
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1 2003 series, Grand Court at North Port
2 Apartments. Request approval.
3 GENERAL CRIST: Motion.
4 CFO GALLAGHER: Second.
5 GOVERNOR BUSH: Moved and seconded.
6 Without objection, the item passes.
7 MR. STIPANOVICH: Approval of fiscal
8 determination of an amount not exceeding
9 6,200,000 tax-exempt Florida Housing Finance
10 Corporation multifamily mortgage revenue bonds,
11 2003 series, Spring Haven Apartments. We
12 request approval.
13 GENERAL CRIST: Motion.
14 CFO GALLAGHER: Second.
15 GOVERNOR BUSH: Item 4 is -- there's a
16 motion and a second. Without objection, it
17 passes.
18 MR. STIPANOVICH: Item 5, Governor and
19 members, is the State Board of Administration's
20 fiscal year 2003-04 budget and other trust fund
21 management activities, which includes the
22 Special Acquisition budget, the Florida
23 Hurricane Catastrophe Fund, Division of Bond
24 Finance, and Florida Prepaid College Program.
25 I provided you with a memorandum that
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1 provided some detail and a synopsis of the
2 overall budget proposal. For the State Board of
3 Administration, we're asking for a modest 1.3
4 percent increase, which equates to $301,000. Of
5 that $301,000, 259,000 is the Board reabsorbing
6 the defined contribution, allocated employees'
7 salaries and benefits. If you recall, Treasurer
8 Gallagher even asked the question, there are no
9 more allocated employee time in terms of
10 salaries and benefits in the defined
11 contribution program. It is appropriately
12 staffed, and we're not allocating any more time
13 to that, so we then had to pull back those
14 salaries and benefits into us, and so we've now
15 reabsorbed the $259,000.
16 CFO GALLAGHER: Coleman, you have Bond
17 Finance Trust to approve that budget. That
18 really is a full Cabinet, including the
19 Agriculture Commissioner, decision.
20 MR. STIPANOVICH: Okay. That's fine. I
21 was under the impression that the precedent was
22 that it had been approved by you all, the Board
23 of Trustees. And that was a question that I
24 asked prior to this meeting, but --
25 CFO GALLAGHER: Is that right, Ben?
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1 MR. STIPANOVICH: -- the precedent is that
2 it has been approved in the past.
3 MR. BEN WATKINS: What we've done in the
4 past, we're housed administratively with the
5 SBA, so for purposes of budget, purchasing,
6 payroll, personnel, and office space, it has
7 always been part of the SBA's budget and
8 approved that way, whereas bond issues are
9 different and are approved by the full Governor
10 and Cabinet. It's your pleasure as far as I'm
11 concerned.
12 GOVERNOR BUSH: Well, I think it should be
13 the Commissioner's pleasure.
14 MR. STIPANOVICH: Well, may I speak to the
15 Treasurer? I had the law -- I had the General
16 Counsel's Office look at the law, because I
17 wanted to be clear on that as the new Executive
18 Director. The law, I'm told by our General
19 Counsel's Office, is clear on the Division of
20 Bond Finance that you -- in fact, the Board of
21 Trustees do approve the budget. Now, that's the
22 opinion from our General Counsel's Office.
23 I also asked them to look at Prepaid, and I
24 will tell you, our General Counsel's Office had
25 a different opinion than the attorney for
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1 Prepaid. And I just handed your aide the
2 attorney's opinion for Prepaid that in fact you
3 all have authority and have to approve their
4 budget as well. So based on what I'm hearing
5 from legal counsel, you do have the authority to
6 approve the Division of Bond Finance. And
7 you've done it -- the precedent has been, you've
8 done it year in and year out.
9 GOVERNOR BUSH: That's what I was going to
10 ask. We do it that way? We've done it that way
11 in the past?
12 MR. STIPANOVICH: Yes, sir.
13 CFO GALLAGHER: So what you have here is
14 that -- now, the Division of Bond -- or the
15 counsel for Florida Prepaid basically said
16 Prepaid does come here?
17 MR. STIPANOVICH: Yes, sir.
18 CFO GALLAGHER: And they also said the
19 Division and Prepaid Board as part of the SBA
20 are subject to the statutory requirement, which
21 is our approval?
22 MR. STIPANOVICH: Yes.
23 CFO GALLAGHER: Okay.
24 MR. STIPANOVICH: So I don't believe it's
25 at your pleasure. I think the law is that you
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1 approve those budgets.
2 CFO GALLAGHER: Okay.
3 GOVERNOR BUSH: Any discussion about the
4 budget?
5 GENERAL CRIST: Motion.
6 CFO GALLAGHER: Second.
7 GOVERNOR BUSH: Moved and seconded.
8 Without objection, the budget passes, just in
9 the nick of time.
10 MR. STIPANOVICH: Thank you, Governor and
11 members.
12 The last item on the agenda is the
13 amendment to the Public Employee Optional
14 Retirement Program. As you recall, you all
15 approved that budget back in May, and all we're
16 simply asking there is to amend the budget so
17 that it provides salary and benefit increases as
18 a result of the legislation that was passed in
19 this '03 session. And that would simply be the
20 -- it's about a $29,000 number, and it's at 2
21 percent, with a maximum of $70,000 employees not
22 getting more than 500.
23 GENERAL CRIST: Motion.
24 CFO GALLAGHER: Second.
25 GOVERNOR BUSH: Moved and second. Without
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1 objection, the item passes.
2 MR. STIPANOVICH: That completes my agenda.
3 GOVERNOR BUSH: Thank you, Coleman.
4 MR. STIPANOVICH: Thank you.
5 (Proceedings concluded at 10:18 a.m.)
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1
2 CERTIFICATE OF REPORTER
3
4 STATE OF FLORIDA)
5 COUNTY OF LEON )
6
7 I, MARY ALLEN NEEL, do hereby certify that the
8 foregoing proceedings were taken before me at the time
9 and place therein designated; that my shorthand notes
10 were thereafter transcribed under my supervision; and
11 that the foregoing pages numbered 1 through 42 are a
12 true and correct transcription of my stenographic
13 notes.
14 I FURTHER CERTIFY that I am not a relative,
15 employee, attorney or counsel of any of the parties,
16 or relative or employee of such attorney or counsel,
17 or financially interested in the action.
18 DATED THIS 22nd day of June, 2003.
19
20
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22 ___________________________
MARY ALLEN NEEL, RPR
23 100 Salem Court
Tallahassee, Florida 32301
24 (850) 878-2221
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Cabinet
Affairs
