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: STATE BOARD OF ADMINISTRATION
DEPARTMENT OF REVENUE
DEPARTMENT OF VETERANS AFFAIRS
FLORIDA LAND & WATER ADJUDICATORY COMMISSION
POWER PLANT SITING BOARD
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
BOARD OF TRUSTEES
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, September 30, 2003
commencing at approximately 9:45 a.m.
Reported by:
SANDRA L. NARGIZ Registered Professional Reporter
Registered Merit Reporter
Certified Realtime Reporter
ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
TALLAHASSEE, FL 32301 (850)878-2221
. 2 APPEARANCES: Representing the Florida Cabinet: JEB BUSH
Governor
CHARLES H. BRONSON
Commissioner of Agriculture
CHARLIE CRIST
Attorney General
TOM GALLAGHER
Chief Financial Officer
* * *
. 3
I N D E X
STATE BOARD OF ADMINISTRATION
(Presented by Coleman Stipanovich)
ITEM ACTION PAGE
1 Approved 5
2 Approved 5
3 Approved 6 DEPARTMENT OF REVENUE
(Presented by James Zingale) ITEM ACTION PAGE
1 Approved 7
2 Approved 9
3 Approved 10
4 Approved 12 DEPARTMENT OF VETERANS AFFAIRS
(Presented by Rocky McPherson) ITEM ACTION PAGE
1 Approved 20
2 Approved 24 FLORIDA LAND & WATER ADJUDICATORY COMMISSION
(Presented by Teresa Tinker)
ITEM ACTION PAGE 1 Approved 25
2 Approved 25
3 Approved 26 POWER PLANT SITING BOARD
(Presented by Secretary David Struhs) ITEM ACTION PAGE
1 Approved 27
2 Approved 30 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
(Presented by Secretary David Struhs) ITEM ACTION PAGE
1 Approved 31
2 Deferred 31
. 4
BOARD OF TRUSTEES
(Presented by Secretary David Struhs)
ITEM ACTION PAGE
1 Approved 32
2 Approved 32
3 Approved 61
4 Deferred 62
5 Approved 63
CERTIFICATE OF REPORTER 64
. 5
1 P R O C E E D I N G S 2 (The agenda items commenced at 9:45 a.m.) 3 GOVERNOR BUSH: We need a vote on the 2004 4 calendar for the meeting schedule. 5 CFO GALLAGHER: I move the calendar as 6 presented. 7 GENERAL CRIST: Second. 8 GOVERNOR BUSH: There is a motion and a 9 second. Without objection, the calendar for 2004 10 Cabinet, Aides' Meetings and Clemency Meeting 11 Schedule as well is approved. 12 State Board of Administration. 13 CFO GALLAGHER: Motion on the minutes. 14 COMMISSIONER BRONSON: Second. 15 GOVERNOR BUSH: Moved and seconded. Without 16 objection, the item passes. 17 Item 2. 18 MR. STAPANOVICH: Item 2 is a request for 19 approval of fiscal determination of an amount not 20 exceeding 9 million sixty thousand tax exempt 21 Family Housing Finance Corporation, Multifamily 22 Mortgage Revenue Bonds, 2003 Series, Cutler Glen 23 and Cutler Meadow Apartments. 24 CFO GALLAGHER: Motion on 2. 25 GENERAL CRIST: Second.
. 6 1 GOVERNOR BUSH: Moved and seconded. Without 2 objection, the item passes. 3 MR. STAPANOVICH: Request for approval of 4 fiscal determination of amounts not exceeding 5 $31,680,000 tax exempt and 7,070,000 taxable 6 Florida Housing Finance Corporation Multifamily 7 Mortgage Revenue Bonds, 2003 Series, Northbridge 8 at Millenia Apartments. 9 GENERAL CRIST: Moved. 10 CFO GALLAGHER: Second. 11 GOVERNOR BUSH: Moved and seconded. Without 12 objection, the item passes. 13 MR. STAPANOVICH: That's the agenda, Chairman 14 and Members. 15 16 17 18 19 20 21 22 23 24 25
. 7 1 GOVERNOR BUSH: Department of Revenue. 2 Thank you, Coleman. 3 CFO GALLAGHER: Motion on the minutes from 4 August 26. 5 GOVERNOR BUSH: Is there a second, General? 6 GENERAL CRIST: There is. 7 GOVERNOR BUSH: Moved and seconded. Without 8 objection, the minutes pass. Item 1 passes. 9 MR. ZINGALE: Item number 2 is the Department 10 of Revenue's budget request for 0405. I am just 11 going to highlight a few of the major things since 12 the department isn't requesting much. 13 The two major transfers that went on to 14 accommodate the shift from programs that were 15 being funded from trust funds over to general 16 revenue, we are shifting the entire intangible 17 trust fund, that that money go to general 18 revenue. 19 And those programs that have previously 20 been supported like that would be supported by 21 general revenue. That's a good move, something 22 we requested. 23 So you will notice a large increase in 24 general revenue in the budget, but that's not 25 for new programs, that's just a fund swap back
. 8 1 and forth between intangibles being returned to 2 general revenue fund. 3 The number 1 increased priority is the 4 Department of Revenue's Child Support 5 Enforcement System, CAMS, the new computer 6 system. The next year's installment is about 7 12 million. 8 We are asking for FTE in not many places. 9 And this is the place where in our property tax 10 administration program, we are asking for 17 11 FTEs. We are also asking for $200,000 to 12 privatize the same kind of work that's being 13 done there. 14 And the purpose of those 17 FTEs is to 15 enhance our statistical reliability and our 16 in-depth study. 17 The State Disbursement Unit is a contract 18 that the Clerk's Association had with us and 19 they subcontract with ACS. The contract in ACS 20 had some cost of living and work -- and 21 contractual increases built into theirs. 22 This year, since it is a major interest of 23 the department to keep those dollars flowing to 24 the kids, we are including those items in our 25 budget request and made it a high priority.
. 9 1 Suntax Equipment, these are primarily some 2 small servers, legal servers, provider of 3 transition cases, all trust fund, 1.9 million 4 of federal dollars. This is the increased 5 workload that we are expecting to see go 6 through the legal service providers as we bring 7 more cases to order. 8 Replacement of some Suntax imaging 9 equipment. Some of our imaging, not all of it, 10 isn't quite state-of-the-art. We have a small 11 capital facilities issue there. 12 And 3 FTEs us to help us centralize the 13 sales tax database, probably a medium to low 14 priority. 15 Those are really the only major issues in 16 the budget. 17 Any questions about the budget? 18 CFO GALLAGHER: I move item 2. 19 GENERAL CRIST: Second. 20 GOVERNOR BUSH: Moved and seconded. I 21 abstained, as I have to make my own budget 22 recommendation. 23 Without any other comments, the motion 24 passes, three to zero to one. 25 MR. ZINGALE: Item number 3 is the
. 10 1 department's long-term capital improvement 2 program. 3 This is basically, again, not much of a 4 change from previous years. 5 We are kind of excited about the 6 initiative DMS is launching, which I think is 7 being referred to as real estate. 8 So we have been working very closely with 9 the things that are in here, when our leases 10 come up to make sure that we are taking 11 advantage of some of those efficiencies that 12 are taking place at the DMS. 13 But no major things jump out, should jump 14 out here in our capital facilities plan. 15 Request approval. 16 COMMISSIONER BRONSON: Move item 3. 17 CFO GALLAGHER: Second. 18 GOVERNOR BUSH: Moved and seconded. Without 19 objection, the item passes. 20 I always appreciate Dr. Zingale's 21 willingness to be the first on any kind of 22 reforms that we propose. You are our Niiki. 23 MR. ZINGALE: The last item is our long-range 24 planning document. 25 Again, this is an extension of a plan that
. 11 1 we have been working on for some time. We will 2 give you a fairly good set of visions, missions 3 and values. 4 One I do want to talk about on the value 5 side, which isn't something you talked about a 6 whole lot in the strategic plan, but we made a 7 major change three years ago to separate our 8 values into character values: Integrity, 9 honesty, fairness and respect. 10 And a new one we added three years ago, 11 concern for others. We are public servants and 12 believe concern for others is a major core 13 value to drive deep down in the organization 14 over and above some of the performance ones we 15 have. 16 With United Way out there, with the 17 mentoring program out there, public servants 18 are proud to serve and make a difference in 19 other peoples' lives. And just that value hung 20 out there, built into our recruitment and 21 selection and built into our employee 22 evaluation, I think you see our DER employees 23 are a leader in terms of reaching out in to the 24 community and making a difference, and we are 25 kind of proud of them.
. 12 1 Basically, though, our long-term -- I will 2 be upfront and honest with you; most of these 3 measures that you see in here are legislative 4 performance measures. They are probably less 5 than we actually had as our internal goals 6 within the organization. 7 We have much more aggressive goals to be 8 accomplished than in here. At Capital for 9 Today in St. Augustine, we are going to build a 10 little bit of those into a little bit more 11 formal presentation. 12 So with your permission, we would like to 13 have the long-range plan approved. 14 CFO GALLAGHER: Motion. 15 COMMISSIONER BRONSON: Second. 16 GOVERNOR BUSH: Moved and seconded. Without 17 objection, the item passes. 18 Item 4. 19 MR. ZINGALE: That's the last item we have on 20 the agenda. Any questions for today? 21 CFO GALLAGHER: Yes. 22 You have the ability to get a major 23 discount from one of our vendors if you can get 24 the order in by today. 25 And I would like you to maybe just touch
. 13 1 base with us on it and give us an update. And 2 it would be my desire that you take advantage 3 of getting them an order subject to the federal 4 funding part of it. 5 MR. ZINGALE: Can I give just a two-minute 6 kind of recap so all the Cabinet members know what 7 the issue is? 8 CFO GALLAGHER: Please do. 9 MR. ZINGALE: We have a major computer 10 system, our number one priority, 32 million dollar 11 acquisition in total. 12 The master contract is with Deloitte; two 13 subcontractors imbedded in that master 14 contract, one with SAP and one with Oracle. 15 The provisions of the contract allowed us 16 to negotiate independently with the two 17 subcontractors and still have the base contract 18 go forward. 19 The base contract requires two approvals: 20 One, federal government. These are all federal 21 dollars or federal incentive dollars. There is 22 no general revenue in here. 23 And the contract had been in Washington 24 for a good six weeks with us kind of pounding 25 on them every week saying: Are you going to
. 14 1 approve it or are you not going to approve it? 2 Late Friday, late, late Friday about 3 2 o'clock we received conditional approval of 4 the Feds; a couple of conditions that we spent 5 the weekend trying to work with Deloitte to 6 make sure we could have those worked out, and 7 that looks like the Feds are okay with that 8 piece. We were anticipating bringing this 9 contract to you on October 14th for approval. 10 The subcontractor came to us almost the 11 same time we got conditional approval on SAP 12 and offered a large end-of-the-quarter 13 discount, approximately $630,000 over the next 14 five years. 15 That's a lot of money. 16 GOVERNOR BUSH: Why did they do that? 17 MR. ZINGALE: I would imagine that in a 18 quarterly world, where you post sales of this 19 magnitude, the CAMS contract, being the only major 20 Child Support Enforcement System going forward 21 with an ERP, is good things to report about any 22 time you can report about them. 23 GOVERNOR BUSH: So this is not an on-going 24 contract, this was the initial -- 25 MR. ZINGALE: This would be the embedded
. 15 1 contract in the master contract, that we haven't 2 taken to you yet. Okay? 3 So it requires risk-analysis as opposed to 4 just black-and-white. 5 We spent the weekend trying to figure out 6 exactly how one might do that. It looked like 7 late yesterday we had a show stopper on it, and 8 the Feds require approval when you break that 9 piece out. 10 Normally, that approval is 21 days. The 11 Feds said, with us talking directly to the 12 contract managers, they thought they could 13 expedite that in 10 days, but not by today. 14 So I can't purchase off the state contract 15 that system. It is in excess of a million 16 dollars. It would require federal approval. 17 This morning, 7:30, the vendors were here 18 working out, trying to work out an agreement 19 that would allow us, me, to enter into a 20 contract conditional upon federal approval. 21 As we were sitting in here, they delivered 22 the language. 23 We are going to work all day long looking 24 at that language to see if that's something 25 that we can accomplish or not. That's not
. 16 1 small amounts of money. It is going to require 2 us as the day unfolds to make sure each of you 3 know what is going on and are comfortable with 4 that before we make that decision. 5 GOVERNOR BUSH: Let me get this straight. 6 A vendor to the state wants to deeply 7 discount their price for a product that you 8 contracted with and you want them to give you 9 and they are for all sorts of reasons. And we 10 can't do it because the federal government 11 won't approve a discount? 12 MR. ZINGALE: We are trying every single way 13 we can possibly can. If you could have heard some 14 of the phone calls this weekend. 15 GOVERNOR BUSH: It's their money. Why 16 wouldn't they want us to get it for 30 percent 17 less or whatever? 18 MR. ZINGALE: Even Washington, we hope to 19 make happen today. 20 CFO GALLAGHER: Anyway, what I think we ought 21 to do is give Mr. Zingale approval to negotiate 22 what's in our best interest and he will keep us 23 informed as the day goes through so we can make 24 that savings. 25 MR. ZINGALE: Too much money not to give it
. 17 1 every effort we can. 2 GOVERNOR BUSH: Just give me a reason. 3 COMMISSIONER BRONSON: That's what he asks 4 the federal government everyday. 5 GOVERNOR BUSH: Give me a reason why, if the 6 specifications of the contract aren't changing, 7 and it's SAP, which I assume is one of the market 8 leaders in this field, and all they are doing is 9 lowering their price, what would be the rationale 10 in not saying good job? Yes, I agree, I support 11 it. 12 MR. ZINGALE: It's the things we don't like 13 about bureaucracies, but we cut a lot of red tape 14 since Friday. And we are going to try to -- 15 GOVERNOR BUSH: Is there any reason? 16 MR. ZINGALE: I am sure there is a federal 17 law there that says they are required to approve 18 it, if it's over a million dollars. That's what 19 the law says. 20 And are there exceptions and overrides? 21 One would hope so. This looks like a clear-cut 22 savings to us. We not only -- 23 GOVERNOR BUSH: They need this in the report 24 so the companies -- 25 MR. ZINGALE: They want to be able to log it
. 18 1 in this year, and this time, and they have to have 2 a contract. 3 But we just got it; we are kind of 4 hopeful. We were kind of hopeful a couple 5 times this weekend and yesterday, but we are 6 going to keep working until midnight to try to 7 make it happen. 8 GOVERNOR BUSH: Thank you, Jim. 9 CFO GALLAGHER: What I would like to do is 10 give him that support. 11 GOVERNOR BUSH: We'll do that in the form of 12 a motion? 13 CFO GALLAGHER: I just made a motion to do 14 that. 15 GOVERNOR BUSH: There is a motion and a 16 second. Any other discussion? 17 Without objection, the motion passes to 18 tell Jim to go out and do good work. 19 COMMISSIONER BRONSON: Governor, I would also 20 like to recommend that, should they not approve 21 this -- and common sense in government and 22 efficiencies doesn't seem to be taking place at 23 some level up there -- that the next time we have 24 a particular problem in the State of Florida and 25 need to go to Washington, we remind them we tried
. 19 1 to save them quite a bit of money by being 2 efficient here in the State of Florida; and I 3 think they need to be reminded that we are doing 4 everything we can. 5 GOVERNOR BUSH: Jim, we ought to use our 6 Washington office. 7 MR. ZINGALE: Good point. And maybe a phone 8 call directly today might help too. 9 GOVERNOR BUSH: Why don't you do it right 10 now? 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
. 20 1 GOVERNOR BUSH: Department of Veteran 2 Affairs. 3 CFO GALLAGHER: Motion on the minutes 4 September 18th. 5 GENERAL CRIST: Seconded. 6 GOVERNOR BUSH: Moved and a second to 7 approve. 8 MR. McPHERSON: Governor, our minutes are not 9 even in our package. They have not yet arrived. 10 GOVERNOR BUSH: That's alright, we are 11 approving them. Motion and a second without 12 objection, the item passes. 13 MR. MC: Item 2 is a brief discussion of our 14 department's legislative budget proposals, sir. 15 Our 2004-05 package supports our two main 16 goals; providing information advocacy and 17 quality health care services to our Veterans, 18 and improve the economic status of our Veterans 19 and their families and survivors through 20 ensuring that they gain all the federal 21 benefits to which they have been entitled 22 through their military services. 23 Our department budget requests, this year 24 requests an increase of 16.9 percent over the 25 last year. This increase accommodates the
. 21 1 growth in the State Veterans Home Program. 2 Our LBR request is 51 million dollars, 12 3 million in GR, and 39 million in trust fund 4 authority. 5 I note the GR proportion of this year's 6 request is 24 percent of our budget. 7 Last year that percentage was 33 percent, 8 primarily due to the support of the two new 9 homes we are just about to open. 10 For over 10 years our the state has 11 participated in the State Nursing Home Program 12 offered by the U.S. Department of Veterans 13 Affairs. This program is a tremendous benefit 14 to the state. 15 It enables cost avoidance of the Medicaid 16 program. The majority of our nursing home 17 residents do not rely on Medicaid funding to 18 pay for their care. Instead we receive federal 19 per diem payments. These result in estimated 20 costs to the State Medicaid Program of about 21 four and a half million dollars annually. 22 Our two newest projects in Bay and 23 Charlotte County completed construction in 24 August. The Bay County facility was dedicated 25 with the Governor on August 21st. The final
. 22 1 staffing and startup funds will be available to 2 open the Charlotte County facility in 3 January 2004. 4 Completion of these two projects will 5 bring our total number of nursing home beds to 6 750, of which 600 are nursing home and 240 of 7 those are dedicated to dementia care. 8 Just for information, in general, the 9 Florida Health Care Association notes that 10 Florida has about 29 nursing home beds per 11 thousand Floridians. 12 According to federal estimates regarding 13 Veterans, even with the Bay and Charlotte 14 County facilities, we'll have one bed per 15 thousand Veterans in the state. And by the 16 federal definition, are still in great need of 17 additional nursing homes. 18 Our preliminary plans are underway for 19 development of an additional phase of the state 20 homes program from 2005 to 2010. 21 The federal grant preapplications for five 22 additional homes have been submitted and they 23 will appear in next year's VA priority listing 24 of projects in this program. 25 The action on this next Veterans Nursing
. 23 1 Home will be dependent on state legislative 2 action this year for the state's share of the 3 construction costs and, of course, the follow 4 up federal grant which would be obtained after 5 obtaining the state share. 6 Overall, our outsourcing project in our 7 State Homes Project has been successful. We 8 are using the model that we used at Pembroke 9 Pine in the two new facilities. And in general 10 that means that in one of our homes now, where 11 we used to have 150 state employees, we now 12 have about 50 state employees and 100 13 outsourced support service contracting 14 billings. So it is very successful. 15 Had we grown to all six homes with FDE 16 with all state employees, our agency size would 17 be about 800 right now. By the time we finish 18 applying the model, we'll be at 400 and 19 providing an equal or better level of service 20 at a reduced cost. 21 And finally, the other item in our budget 22 request that we are asking for in addition to 23 the money for one new State Veterans Nursing 24 Home is a small increase in support costs due 25 to the growth of our agency, both in general
. 24 1 revenue, support for our budget for executive 2 direction supports and for our IT budget base. 3 Our budget continues to grow each year, 4 small amounts incrementally in general revenue 5 and large amounts in the State Homes Program. 6 We view our performance as excellent in 7 supporting our Veterans. We want to continue 8 to perform our tasks in the future to provide 9 level of services, particularly claims services 10 and homes services, to our Veterans in the 11 State of Florida. 12 CFO GALLAGHER: Motion to approve the 13 legislative budget. 14 COMMISSIONER BRONSON: Second. 15 GOVERNOR BUSH: Moved and seconded. I will 16 abstain from voting on this item to make my own 17 budget recommendations. All in favor of the 18 motion say aye. All opposed? 19 Motion passes. 20 MR. McPHERSON: Thank you, Governor. 21 GOVERNOR BUSH: Thank you, Rocky. 22 23 24 25
. 25 1 GOVERNOR BUSH: Florida Land and Water -- 2 CFO GALLAGHER: -- Adjudicatory Commission. 3 Motion on the minutes of August 25. 4 GOVERNOR BUSH: Took me five years. 5 MS. TINKER: Keep it up. 6 GOVERNOR BUSH: I will, T. 7 CFO GALLAGHER: Kind of like my "sustainable 8 this morning. 9 GOVERNOR BUSH: I will trade you a 10 "sustainable" for an "adjudicatory." 11 CFO GALLAGHER: There you go. Motion on the 12 minutes. 13 GOVERNOR BUSH: There is a motion. 14 COMMISSIONER BRONSON: Second. 15 GOVERNOR BUSH: Second? Without objection, 16 Item 1 passes. 17 MS. TINKER: Item 2, recommend approval of 18 the final rule establishing the Durbin Crossing 19 Community Development District in St. Johns 20 County. 21 CFO GALLAGHER: Motion on 2. 22 COMMISSIONER BRONSON: Second. 23 GOVERNOR BUSH: Moved and seconded. Without 24 objection, the item passes. 25 MS. TINKER: Item 3, recommend approval of
. 26 1 the proposed final recording establishing the 2 Aberdeen Community Development District in St. 3 Johns County. 4 CFO GALLAGHER: Motion on 3. 5 GENERAL CRIST: Second. 6 GOVERNOR BUSH: Moved and seconded. Without 7 objection, the item passes. 8 MS. TINKER: Thank you, sir. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
. 27 1 GOVERNOR BUSH: Power Plant Siting Board. 2 CFO GALLAGHER: Motion on the August 12 3 minutes. 4 COMMISSIONER BRONSON: Second. 5 GOVERNOR BUSH: Moved and seconded. Without 6 objection, item 1 is approved. 7 Item 2. 8 MR. STRUHS: Item 2, Governor, we are 9 recommending approval of the Unit 3 facility at 10 the Lee County Solid Waste Recovery Facility. 11 A little history on this, if I might. 12 Back in 1992, when Lee County built units 1 and 13 2, they set such a low emission standard that 14 was later adopted as the new national standard. 15 When we regulate these kinds of 16 facilities, we use something called Maximum 17 Available Control Technology or MACT. And what 18 they established a dozen years ago, or 10 years 19 ago, and we now established that new national 20 standard. 21 Here we are a decade later and we are 22 looking to build unit 3 and it's quite 23 remarkable that they have now been able to 24 reduce mercury emissions by more than 25 50 percent beyond that.
. 28 1 We are looking at an emissions rate of 28 2 micrograms of mercury per dry cubic meter. 3 This will be the cleanest burning waste energy 4 recovery facility anywhere in the country. It 5 will, once again, set the standard. 6 GOVERNOR BUSH: How do you know that? 7 MR. STRUHS: This is my life. 8 GOVERNOR BUSH: Have you checked every one of 9 the facilities? 10 CFO GALLAGHER: Boring. 11 MR. STRUHS: It's not much of a life, but 12 it's my life. 13 We actually did the analysis of 13 similar 14 stations, mostly in the northeastern part of 15 the United States where they have the tighter 16 air quality. 17 GOVERNOR BUSH: What about the one in 18 Colorado? 19 CFO GALLAGHER: He hangs out at the stacks 20 and just measures mercury. 21 GOVERNOR BUSH: How can you say that with a 22 straight face, the cleanest? I mean, you know 23 that for a fact? 24 MR. STRUHS: We do. 25 GOVERNOR BUSH: I believe you now that you've
. 29 1 said it twice. 2 MR. STRUHS: We are confident. 3 The other thing I am going -- if I can 4 digress just for 30 seconds. We will -- when 5 people wonder why we are requiring these 6 restrictions on mercury on -- 7 GOVERNOR BUSH: I've always wondered that. 8 MR. STRUHS: -- it's because we care about 9 what happens when it -- 10 GOVERNOR BUSH: That's what I thought. 11 MR. STRUHS: -- the deposition of mercury in 12 to the environment. And the remarkable thing in 13 Florida -- we are going to be ready to announce 14 this in a couple weeks more formally -- but in a 15 couple of weeks we will demonstrate scientifically 16 that mercury loading in fish caught in the 17 Everglades has been dramatically reduced over the 18 last several years. 19 We can draw a straight line correlation 20 between the reductions in mercury in fish in 21 the Everglades and these requirements that we 22 are imposing on waste energy facilities and 23 power plants in Florida. So we are actually -- 24 GOVERNOR BUSH: They are the principal source 25 of mercury emissions?
. 30 1 MR. STRUHS: Yes, it is. 2 CFO GALLAGHER: So eat Everglades fish, is 3 that the deal? 4 MR. STRUHS: That's up to Dr. Agrinoli to 5 make that final judgment. That's beyond my scope. 6 But what we do know is that we are seeing 7 dramatic improvements in terms of mercury 8 loading in the wildlife, in fish and in birds 9 in the Everglades because of these investments. 10 Oftentimes when we require these kinds of 11 investments in technology, you wonder: Is it 12 really going to deliver a benefit? Is it a 13 benefit that we are going to see on the ground 14 in our lifetime? 15 And here the answer clearly is yes. So 16 it's really a tribute to industry in Florida 17 and the regulatory system and all of you to 18 make this possible. 19 CFO GALLAGHER: Governor, I would like to 20 move the final order on unit 3. 21 COMMISSIONER BRONSON: Second. 22 GOVERNOR BUSH: There is a motion and a 23 second. Any other discussion? Without any 24 objection, the item passes. 25 Thank you, David.
. 31 1 MR. STRUHS: I am here representing the South 2 Florida Water Management District for their agenda 3 today. They only have two items. The first is 4 approval of the minutes. 5 CFO GALLAGHER: Motion on the minutes of 6 September 28. 7 COMMISSIONER BRONSON: Second. 8 GOVERNOR BUSH: Moved and seconded. Without 9 objection, the item passes. 10 CFO GALLAGHER: I would like to move item 2, 11 a deferral to October 28. 12 GOVERNOR BUSH: There is a motion to defer. 13 CFO GALLAGHER: Let me do this; move to 14 October 28. 15 GOVERNOR BUSH: There is a motion to defer 16 until October 28 item 2. Is there a second? 17 COMMISSIONER BRONSON: Second. 18 GOVERNOR BUSH: Any discussion? The item 19 passes, the item is deferred. 20 21 22 23 24 25
. 32 1 GOVERNOR BUSH: Board of Trustees. 2 MR. STRUHS: Item 1, we request approval of 3 the minutes. 4 CFO GALLAGHER: Second. 5 GOVERNOR BUSH: Moved and seconded. Without 6 objection, the item passes. 7 Item 2. 8 MR. STRUHS: Item 2, we request the approval 9 of the submerged land lease for the famous Fort 10 Lauderdale International Boat Show. 11 COMMISSIONER BRONSON: Motion on 2. 12 CFO GALLAGHER: Second. 13 GOVERNOR BUSH: Moved and seconded. Without 14 objection, the item passes. 15 MR. STRUHS: Item 3, we are looking for final 16 adoption of rules related to the management of 17 state-owned springs and spring runs. It was 18 approximately a year ago that the Board of 19 Trustees directed us to begin the public process 20 of developing these rules, and we have done that. 21 We completed that assignment, and we are 22 seeking their adoption today. 23 Just by way of introduction, when it comes 24 to managing sovereign submerged lands, that is 25 a right that rests with the Board of Trustees
. 33 1 and you are afforded under Florida Statute 2 enormous discretion in terms of how you choose 3 to regulate activities on or above sovereign 4 submerged lands. 5 Therefore, when we propose rules of this 6 nature, effectively what the rules are really 7 doing is that they are limiting the breadth of 8 options available to you as a board. 9 The question then is: Why would you do 10 that? 11 The reason is to provide more 12 predictability and more consistency to the 13 public. Rather than having every decision 14 before the board arbitrary or independent, if 15 we can provide the public more predictability, 16 more consistency, we think we can be better 17 neighbors. 18 I want to point out a very important 19 point. These rules, these requirements, would 20 only be in effect if a private landowner sought 21 to undertake an activity on state land. This 22 is not regulating, this is not reaching out and 23 regulating peoples' private property; only if 24 the private property owner seeks to do 25 something on state land would you then look for
. 34 1 some considerations in terms of their 2 land-based activity. 3 We have a variety of speakers here today, 4 it's a fairly lengthy list. I am going to 5 suggest we keep it to about a minute a piece so 6 we can move through it very quickly. 7 Before I do that, however, I did want to 8 suggest that there be one last-minute final 9 amendment to the rule language before you. 10 It is important to realize that these 11 rules are not intended in any way to regulate 12 or restrict navigation. And the language 13 before you, currently when it talks about 14 resource management, says "activities, 15 including water-dependent activities on 16 sovereign lands, shall be designed to minimize 17 or eliminate adverse impacts on fish, wildlife, 18 habitat and other natural resources. 19 We are going to recommend striking the 20 phrase "including water-dependent activities." 21 It's superfluous, it's unnecessary, and I think 22 it unnecessarily draws into question as to 23 whether or not this rule is in any way aimed at 24 navigation which is it is not. 25 So we would recommend that we strike those
. 35 1 four words in section 18-21.004, paragraph 2, 2 letter (i). 3 Before we hear from the public speakers, 4 what I would like to do is invite Michael 5 Pasione, who is the new director of the 6 Governor's Springs Initiative -- and Governor, 7 I am not sure you met Michael yet, but he is 8 the director of your Springs Initiative, and he 9 is doing an outstanding job. And he's got a 10 brief slide show to orient you as to what this 11 rule is all about; then we'll hear from the 12 public. 13 MR. PACIONE: Good morning, Governor, Members 14 of the Cabinet. 15 GOVERNOR BUSH: Skipping the hazing. 16 MR. PACIONE: Thank you, I appreciate that. 17 In 1999 the Florida Springs Task Force was 18 established to offer recommendations and 19 strategies for the protection of Florida's 20 natural springs. And in July 2000, the task 21 force submitted its list of recommendations. 22 One of the strategies listed in the report 23 was for the establishment of a set of standards 24 and criteria for the protection of springs and 25 spring runs.
. 36 1 On September 22, 2002, the Board of 2 Trustees authorized the DEP to begin rule 3 development that would amend Chapter 18-21, 4 Florida Administrative Code, to create 5 standards and criteria for activity on 6 sovereignty springs. 7 This rule would establish management 8 policies, standards and criteria for activities 9 on all state-owned and sovereignty springs and 10 spring runs. 11 The proposed amendments are from 12 recommendations by the Governor's Florida 13 Springs Initiative, the Florida Springs Task 14 Force and public comments from hearings on May 15 13 and 15 and July 15 of this year. 16 It is important to note that this rule 17 only applies to persons that request permission 18 to conduct activities on state-owned springs 19 and spring runs. 20 Who exactly are those persons that we're 21 affecting by this? 22 This slide indicates that 55 percent of 23 all springs and spring runs, first magnitude in 24 the state, are publicly owned. An additional 25 17 percent are mixture of public and private
. 37 1 ownership. And then 28 percent is wholly 2 private. 3 GOVERNOR BUSH: You have a fuzzy problem. 4 MR. STRUHS: They are saying the slide is 5 fuzzy. 6 MR. PACIONE: I am sorry, that's the best 7 display that we have. 8 It was important to define the term spring 9 and spring runs. The definitions were taken 10 from the Florida Geological Survey and DEP's 11 special publication of the Florida Springs 12 Classification System and Spring Glossary. 13 This creates clear and concise definitions of a 14 spring and spring run. 15 We are also proposing changes to 16 management policies, standards and criteria to 17 prohibit the physical modification of a spring 18 unless the Trustees determine it is necessary 19 to restore historic contours or flow conditions 20 and it is not contrary to the public interest. 21 Additionally, we propose prohibiting the 22 installation or modification of water 23 withdrawal facilities on sovereign submerged 24 lands. 25 CFO GALLAGHER: Obviously, there is a picture
. 38 1 here of somebody that's doing it; they get to keep 2 it? 3 MR. PACIONE: Yes, sir, they would get to 4 keep it, as long as they do not make any 5 modifications to the system. 6 CFO GALLAGHER: Like a bigger pump? 7 MR. PACIONE: That's correct. 8 GOVERNOR BUSH: Or if you break it, you fix 9 it. 10 MR. PACIONE: That's correct. They can keep 11 everything as is and still use the facility. You 12 can see here the pipe going into the system. 13 Section 6 sets standards and criteria for 14 activities on sovereign submerged springs and 15 spring runs. 16 Again, I want to emphasis these standards 17 only apply when a neighbor requests 18 authorization or qualifies for a consent by 19 rule to conduct activities at sovereign or 20 state-owned springs and spring runs. 21 Part A in section 6 prohibits the 22 deposition of new sand or other fill to create 23 or maintain an artificial beach. As you can 24 see here in this slide, an artificial beach on 25 the spring -- this is Jackson Blue Springs in
. 39 1 Jackson County; the sand has eroded out into 2 the springhead, potentially clogging the 3 spring. 4 Part B would prohibit the planting and 5 maintaining exotic invasive plants within 300 6 feet of a spring or spring run. This example 7 here shows an exotic plant, the elephant ear, 8 at Wakulla Springs. There are other glaring 9 examples of this on other springs and spring 10 runs. 11 Part C would prohibit the removal or 12 trampling of native upland vegetation within 13 300 feet of a spring or spring run that results 14 in artificial erosion, artificial accretion, or 15 sedimentation of a spring or spring run. This 16 slide here shows -- this is Tulford Springs; 17 you can see where the vegetation has been 18 stripped from the uplands, creating channels 19 for water runoff directly into the spring, thus 20 causing sedimentation in the bottom of the 21 spring; again, potentially clogging the spring 22 vent and affecting the flow of the spring. 23 Part D would prohibit the removal or 24 control of native aquatic plants within the 25 spring or spring run, unless authorized under
. 40 1 this chapter for exotic invasive plant control. 2 Part E would prohibit the use of 3 fertilizers and pesticides that adversely 4 impact the spring or spring run. Again, this 5 only pertains to those persons seeking consent 6 by rule or authorization to use sovereign 7 submerged lands. It is not a restriction on 8 upland owners using pesticides or fertilizers. 9 GOVERNOR BUSH: How many sovereign submerged 10 lands leases do we have related to Florida 11 springs? 12 MR. PACIONE: I don't have that exact number. 13 GOVERNOR BUSH: Dozens or hundreds? 14 MR. PACIONE: I would think that there is 15 probably dozens. I don't know if it would reach 16 into the hundreds. 17 GOVERNOR BUSH: What is the normal length? 18 MR. PACIONE: I believe the lease term 19 usually would range anywhere from five years to 10 20 years. 21 GOVERNOR BUSH: As these leases expire and 22 the rules are in place, we'll have a -- they will 23 have to comply with the rules? 24 MR. PACIONE: Yes, sir. 25 Part E, within part E we offer guidance;
. 41 1 and this is a publication that the DEP and the 2 Springs Initiative put out for guidance on how 3 to properly fertilize your yard and water your 4 yard as best to protect the environment. 5 COMMISSIONER BRONSON: I am intently 6 listening to all the issues here. I do have some 7 questions I want to ask at the end, just to 8 clarify a few things. 9 GOVERNOR BUSH: All right. 10 MR. PACIONE: Part F would prohibit the 11 installation or expansion of waste water treatment 12 facilities within 300 feet of a spring or spring 13 run. 14 This does not include single family 15 on-site sewage and treatment disposal systems; 16 those are permitted by the Department of Health 17 and will continue to be so. 18 Here is an example at the Florida Caverns 19 State Park, this was below the septic tank. It 20 had leaked for several years prior to its 21 removal and created a sludge on the bottom of 22 the cavern. These are the types of activities 23 that we are trying to prohibit so it won't 24 adversely affect the springs. 25 Finally, the rule would prohibit direct
. 42 1 discharge of stormwater into a spring or spring 2 run. Discharge can emanate from several 3 impermeable surfaces such as parking lots, 4 structures, buildings and roadways. We would 5 require some sort of buffer zone to be put 6 between the discharge of the impermeable 7 surface and into the spring, such as a water 8 retention pond. 9 I will be happy to take any questions. 10 COMMISSIONER BRONSON: Governor, there are 11 two or three things that I wanted to hit on. 12 First of all, I kind of wished that when 13 it comes to the invasive plant thing, that 14 300 feet, you would make it 3,000 miles or 15 whatever the Canadian border is to put any 16 exotic species or plants near any of the 17 waterways. But that one I hope is going to be 18 watched very closely for the simple reason we 19 are having so much problem with aquatic 20 vegetation that originated in Asia and Central 21 and South America, and it's not native here. 22 One of the other issues that I wanted to 23 make sure that I am hearing this right, the 24 spring runs that may come out of a spring that 25 the state has submerged land issues with, but
. 43 1 the run takes off because of the slope and runs 2 through private property. 3 Are you saying that the state is claiming 4 all of those spring runs as sovereign submerged 5 lands, even though they are on -- they have 6 traditionally gone through private property 7 now? 8 MR. STRUHS: Through this rule we are not 9 changing any of the state's claims, positively or 10 negatively, in terms of sovereign submerged land, 11 we are using the existing definitions that is 12 unaffected by this rule. 13 COMMISSIONER BRONSON: Okay. The use of -- 14 if there is a cattle operation traditionally where 15 the spring is running, the cattle go and get water 16 out of that spring run, which is on private 17 property, those issues, as long as there is Best 18 Management Practices and other proper procedures 19 being practiced on that land, there is not going 20 to be any interference with cattle and wildlife 21 using those spring runs, is that correct? 22 MR. STRUHS: That's correct. 23 COMMISSIONER BRONSON: I want to get those 24 points clear so that people didn't get the idea 25 that now the state is going to go in and claim all
. 44 1 these runs, which when there is a lot of water 2 they run. As you know, when water gets short, 3 they quit running. 4 So I want to make sure we are not out 5 there claiming a bunch of sovereign submerged 6 lands that we haven't claimed as of yet. 7 MR. STRUHS: This should be neutral in terms 8 of its effect. 9 COMMISSIONER BRONSON: I just wanted to get 10 that clarified, David, because I had some 11 questions from people who were concerned as to 12 whether the state was going to make a move to 13 claim all runs as sovereign submerged lands. 14 MR. STRUHS: No. 15 COMMISSIONER BRONSON: Thank you. 16 GOVERNOR BUSH: Any other questions? 17 MR. STRUHS: What I would like to do then is 18 invite our speakers. 19 We have do have an elected official, 20 Wakulla County Commissioner, Howard Kessler, I 21 would invite him to go first. 22 Let me read off the names of the 23 individuals who would like to speak. And if I 24 could ask everyone to limit it to a minute, it 25 will still take a substantial amount of time.
. 45 1 After Commissioner Kessler, Marianne 2 Gengenbach, Paul Johnson, Angela Morrison, 3 Jenny Brock, Susie Caploe, Jerry Carnas, Eric 4 Draper, Dorothy Routh, Jack Lepper, Wes Skiles, 5 Nancy Brown, Glenda Jamison and Jim Stevenson. 6 So if you could form a queue, that would be 7 helpful. Thanks. 8 GOVERNOR BUSH: Good morning, sir. 9 COMMISSIONER KESSLER: Good morning, 10 Governor, good morning Cabinet Members, my name is 11 Howard Kessler and I am the first elected 12 Republican commissioner in Wakulla County. 13 And when I learned of this important rule 14 to protect our springs, I successfully worked, 15 along with the other commissioners, to pass a 16 resolution from our county supporting your 17 efforts. 18 Wakulla County is heavily dependent on 19 groundwater to meet our drinking needs. 20 Additionally, Wakulla Springs is our major 21 tourism dollars. The preservation of Wakulla 22 Springs is vital to our future. 23 I thank you, Governor Bush, for your 24 leadership on the springs rule, and I will do 25 everything I can to support your efforts at a
. 46 1 county level. Thank. 2 GOVERNOR BUSH: Thank you, Commissioner. 3 MS. GENGENBACH: Good morning, Governor, 4 Members, Marianne Gengenbach with the Nature 5 Conservancy. 6 We have long been strong supporters of the 7 springs initiative and your funding, Governor, 8 of that initiative. We think that the passage 9 of this rule is part and parcel to making the 10 springs initiative work and protecting these 11 precious natural resources. 12 We strongly urge the passage of this rule. 13 I would also like to take a minute to 14 commend the department on this process. They 15 have bent over backwards to really try and 16 involve all the stakeholders and answer all the 17 concerns, while still putting this rule 18 together, and we appreciate that very much. 19 Thank you, sir. 20 MR. DRAPER: Eric Draper, speaking today 21 representing the Florida Water Coalition, which is 22 a group, a coalition of statewide environmental 23 organizations supporting the rule. 24 I want to commend the staff of the agency 25 on doing a great job in working out the issues
. 47 1 on the rule. 2 We think particularly since it only 3 applies to people that are applying for a 4 permit to use the land, it should not really 5 cause any problems. Thank you very much for 6 your support. 7 GOVERNOR BUSH: Thank you, Eric. 8 MS. MORRISON: Thank you, good morning, my 9 name is Angela Morrison, I am with a law firm here 10 in Tallahassee, Hopping Green and Sams. 11 I am here today on behalf of the Florida 12 Minerals and Chemistry Council. 13 As proposed, the provisions, the 14 amendments to Chapter 18-21 would regulate 15 privately-owned uplands that adjoin certain 16 sovereign and submerged lands. 17 Members of the council own property that 18 adjoin other nonsprings sovereign submerged 19 land, and we are very concerned about the 20 precedent being set by this rule. 21 Respectfully, it is our position that the 22 Trustees do not have the authority to regulate 23 privately-owned and controlled uplands. 24 While the Trustees do have the authority 25 under Chapter 253 to protect and conserve
. 48 1 state-owned property, including springs, the 2 Trustees don't have the authority to adopt 3 rules regulating the privately-owned uplands. 4 If this precedent is followed, other 5 rulemaking by the Trustees might regulate all 6 the upland owners or regulate land use for land 7 adjoining state-owned property. Other agencies 8 are charged with protecting the environment and 9 developing land use regulations, not the 10 Trustees. 11 Through existing programs the Trustees 12 could ask the department to designate the 13 springs as Outstanding Florida Waters for the 14 ultimate protection within the state. 15 Again, we are concerned about the 16 precedent being set, and respectfully state our 17 position that the Trustees do not have the 18 authority to make these rule revisions. 19 Thank you. 20 GOVERNOR BUSH: Can I ask you a question? 21 Why -- you stated that we are not regulating 22 uplands, we are only focussed on sovereign 23 submerged lands. So under that -- 24 MS. MORRISON: Because the activities occur 25 on uplands. If you are talking about a pesticide
. 49 1 application or planting species or making sure you 2 don't trample the vegetation, all that occurs on 3 uplands. 4 GOVERNOR BUSH: Isn't it only when a 5 sovereign submerged lease applies that this kicks 6 in? 7 MS. MORRISON: Yes, sir. 8 GOVERNOR BUSH: I think we are on pretty good 9 ground. 10 MS. MORRISON: But the activities aren't 11 necessarily related. 12 For example, you might regulate, the way 13 the rule is written you would regulate the 14 planting of exotic species, and this would not 15 be related to your use of a dock. And you 16 might apply for a -- apply for a lease to 17 install a dock, and that's totally unrelated to 18 vegetation that you might plant. 19 So there is not really a nexus between the 20 activity you are requesting permission to do 21 and the activity that you are doing on the 22 upland. 23 GOVERNOR BUSH: But there is no reason -- I 24 just -- I think we are on pretty good legal 25 ground, if there is the possible challenge to
. 50 1 this, because we are focussed on sovereign 2 submerged land leases. 3 But we'll see, I am sure someone is going 4 to have a disagreement with that. That's why 5 we have a judicial process. 6 MS. MORRISON: Thank you. 7 GOVERNOR BUSH: Thank you for being here. 8 MR. CARNAS: Jerry Carnas, I am the 9 Wakulla/Aucilla Water Keeper, Florida's newest 10 member of the Water Keeper Alliance, which 11 Apalachicola River and Bay is a part. 12 We are especially proud of the Wildlife 13 Federation, and we seek to protect ecological 14 integrity of the Wakulla, Aucilla, St. Marks 15 and Wacissa Rivers. 16 We support this rule. We think the nexus 17 that Ms. Morrison is concerned about is that if 18 you want to use sovereign submerged lands, you 19 then have the responsibility to conduct 20 activities in a way that's responsible and 21 helps protects the resource for everyone. 22 That's the nexus. 23 We thank you for your leadership on the 24 supported rule. And we look forward to 25 supporting future spring protection efforts.
. 51 1 Thank you all. 2 GOVERNOR BUSH: Thank you. General. 3 GENERAL CRIST: Thank you, Governor, just as 4 to the last speaker; if there happens to be a 5 challenge to the rule, we certainly would be happy 6 to defend it, if that helps you; gives you some 7 comfort. 8 MS. CAPLOE: Susan Caploe, representing 9 Florida Chapter Sierra Club Water and Wetlands 10 Committee. And our folks reviewed this new 11 language, and we support this and urge your vote 12 today. Thank you. 13 GOVERNOR BUSH: Good morning. 14 MS. ROUTH: Governor Bush, Members of the 15 Cabinet, I am from the Florida Wildlife 16 Federation, but I am speaking on a personal note. 17 Thirty years ago I bought approximately 18 8 acres on this St. Marks River, which is a 19 spring-fed river, hand cleared, built a house 20 with no invasive equipment; have only planted 21 native plants which require no fertilizer, no 22 pesticides to run into the river. 23 And I look forward to your adopting this 24 resolution because I look forward to many more 25 years of paddling my kayak on a clean spring
. 52 1 fed river. Thank you. 2 GOVERNOR BUSH: Sure is a pretty river. 3 MS. BROWN: Good morning all, Nancy Brown for 4 Friends of the Everglades, Florida League of 5 Conservation Voters. 6 I appreciate that the State of Florida is 7 acknowledging the importance and the concern 8 for the springs in the 21st century. 9 I was concerned, as Mr. Bronson, about 10 cattle. 11 I am sure any of you driving through 12 Florida have seen the damage created by cattle 13 who come down to water bodies, whether they are 14 lakes, rivers or whatever. 15 And I think that there needs to be some 16 protection. If we are going to protect from 17 chemicals and plants, I think we also need to 18 look at the impact of cattle. That might not 19 be comfortable to a lot of people, but I think 20 there must be some protection of these springs 21 from cattle. 22 And my last statement is that I think we 23 also need to look at the concern for heavy 24 withdrawal of water from the springs of 25 Florida. I hope that they do not become a
. 53 1 commodity that will be bought and sold by 2 foreign companies, by local companies. I think 3 that we need to protect what is in the ground 4 and what is in the springs, the water itself. 5 Thank you very much. 6 GOVERNOR BUSH: Thank you. Commissioner. 7 COMMISSIONER BRONSON: I know there is a 8 concern by a number of people, but I would like to 9 remind those sitting here that before domesticated 10 cattle came into Florida, there was buffaloes that 11 outnumbered the amount of cattle that are in this 12 state and other animals, and the waterways were 13 much cleaner in those times than they are today. 14 I think if you really want to put the onus 15 where the problem is, the problem is we have 16 got to deal with 16 plus million people who are 17 building homes and roadways and everything in 18 this state, and try not to focus on some issues 19 that I think I can clearly prove historically 20 there were a lot more animals running around 21 the State of Florida and using those streams 22 and lakes, and it was much cleaner then. . 23 So I don't think -- it's much like, 24 Governor, on the issue we heard earlier where 25 they were using the byproduct of waste to make
. 54 1 energy, and so forth, and the methane gas. I 2 think a few years ago there was a group out 3 there indicating that cattle belching was 4 causing the ozone layer to deplete. So I guess 5 I would like us to use real science when we 6 start talking about these issues. 7 GOVERNOR BUSH: That's why I asked you to 8 speak up because I knew you would bring up the cow 9 belching. 10 MR. JOHNSON: Governor and Cabinet, Paul 11 Johnson, representing the Apalachee Ecological 12 Conservancy, a citizen support group in Leon, 13 Franklin and Wakulla County. 14 We support the rule. We think it strikes 15 a balance with private property interest, 16 agricultural included, and adjacent property 17 owners to the spring sheds. And we think it 18 will go a long way to protecting these spring 19 sheds and these springs that attract a lot of 20 people. 21 We think it is a good rule and hope you 22 will support it. 23 Also, on behalf of Friends of Wakulla 24 Springs, we would like to invite you and your 25 staff to an event we have this Saturday
. 55 1 celebrating Wakulla Springs and its spring 2 shed. And I will just give you a little 3 handout you could share with your family and 4 staff. 5 GOVERNOR BUSH: Thank you, sir. 6 MS. JAMISON: Good morning. I am Linda 7 Jamison, I am a local concerned citizen. 8 And I would like to thank the DEP for the 9 excellent job they have done on the initiative 10 and Wes Skiles for his beautiful film waters, 11 Journey. 12 And I would like to say that clean, safe 13 water is the basis for life everywhere, and 14 civilizations have flourished and died due to 15 their handling of water. 16 Where water is depleted, degraded or 17 squandered, the quality of life will follow. 18 Florida has the best and most bountiful water 19 in the planet, a resource so precious that it 20 defies assessment in monetary terms. 21 There can be no more responsible and 22 prudent investment of time, energy and tax 23 payers than in strong scientifically sound 24 protection for Florida's springs. Not to 25 implement an aggressive protection program for
. 56 1 its source, the springs would be 2 unconscionable. 3 I, therefore, urge approval of this 4 springs rule as a cogent move and an excellent 5 beginning. Thank you. 6 GOVERNOR BUSH: Thank you for being here. 7 MR. CLEPPARD: My name is Jack Cleppard, I am 8 a property owner on a major spring run in Florida. 9 I am here to support the rule. 10 I had an opportunity to work with Jim 11 Stevenson and others as a citizen task board 12 member on the Springs Initiative that has 13 developed over the last several years, and I 14 had a basic background but I learned so much 15 about that process, that I am really 16 enthusiastically in support of this rule. 17 As an upland property owner, I see a few 18 constraints, but they are only constraints that 19 someone with any knowledge of how pesticides 20 and fertilizers travel along the water's edge 21 would hardly object to. 22 You do not place pesticides on the edge of 23 a major spring run; you are going to degrade 24 that water quality. 25 We have a great economic and natural
. 57 1 resource in this state. The natural resource 2 is pretty well accepted. The economic resource 3 is the major property values of the lands along 4 all of these spring runs and in bodies of water 5 around the springs and into the runs. 6 To degrade those is to really undermined 7 one of the greatest economic strengths of this 8 state, that is the value of waterfront 9 property. This doesn't cover it all but it 10 covers pretty critical pristine bodies of water 11 that really represent the strength of what we 12 are trying to build and preserve in Florida. 13 So I would commend this rule to you. I've 14 read it closely. The definitions are extremely 15 well written. I think the issue, or 16 Mr. Bronson, that you raised regarding seats is 17 referenced in the law, and I think it addresses 18 that quite well. 19 I think the people that have put the time 20 to developing this rule have done something 21 that will give to the DEP, who has a great 22 responsibility now of educating the public in 23 terms of what needs to be done, the tools with 24 which to manage that education. And I really 25 think that education through this rule will
. 58 1 enable us to preserve much of what remains in 2 this North Florida area. Thank you. 3 GOVERNOR BUSH: Thank you, sir. 4 MR. SKILES: I am Wes Skiles, I served on the 5 Florida Springs Initiative as a citizen. I cut 6 short a filming trip to Yellow Stone National Park 7 to come back to see you guys. I am glad there is 8 so much support; I wish I would have stayed. 9 Interesting, my filming efforts there are 10 on the beautiful springs, the Geothermal 11 Springs, and they were preserved over a 130 12 years ago by General Washburn. 13 And I must say I am extremely proud of 14 you, Governor Bush, and Secretary Struhs, 15 Commissioner Bronson, for each of your efforts 16 on behalf of the springs; it's meant a 17 tremendous amount to me. 18 GOVERNOR BUSH: What about Charlie Crist? 19 MR. SKILES: Well, I thank all of them. I 20 had personal communication and engagement with all 21 of you. And I thank you all sincerely. 22 I have nothing to add other than these are 23 our natural gems and treasures, and also the 24 window to our most important natural resource. 25 And I want to encourage us to continue to think
. 59 1 that not just the spring but everything that's 2 deeply connected to it within our Floridian 3 aquifer is all part of the efforts we need to 4 be making to protect them. 5 Water's Journey, the Hidden Rivers of 6 Florida, is a film that you were all part of 7 supporting and will be broadcast nationally on 8 PBS all through October. 9 GOVERNOR BUSH: Congratulations. 10 MR. SKILES: Thank you very much. It will be 11 showing here October 14 on PBS, and it's expected 12 to be seen by 8 million people in Florida alone 13 and over 60 million people nationally. 14 I again thank you for your efforts in 15 regards to the springs. 16 COMMISSIONER BRONSON: Governor, I think we 17 ought to applaud the efforts of Wes and his crew 18 for going down in these springs, taking the movies 19 that will be shown in this, showing people a 20 little more about what underwater spring issues in 21 Florida is really like, especially where it 22 concerns the aquifer system and not just the 23 spring system but the total aquifer system and I 24 commend him. 25 Some of that work, you couldn't have put
. 60 1 me down there at the point of a gun to the 2 places they went to get this film done. And I 3 think we ought to commend Wes for all of his 4 hard work. 5 GOVERNOR BUSH: Congratulations. 6 MR. SKILES: Thank you. 7 MR. STEVENSON: Good morning Governor, 8 members of the Cabinet, I am Jim Stevenson, the 9 former chairman of the Florida Springs Task Force 10 and coordinator of the Governor's Springs 11 Initiative. 12 If you swam in Wakulla Springs or taken 13 the tour boat or canoed the Wacissa or tubed 14 the Ichetucknee or observed manatees at Blue 15 Spring, you've experienced some of the 16 recreational and natural values of Florida's 17 springs. 18 Florida springs are a world class 19 resource. It provides natural, recreational 20 and economic values to the people of Florida. 21 We have more springs than any other region in 22 the world. No other state or country has 23 springs of the quality of Florida's springs. 24 Tourists from other continents are in aw 25 when they see a Florida spring.
. 61 1 But our beloved springs are at risk. 2 Springs are a special class of state 3 sovereignty land, needing additional 4 protection, a higher standard of management. 5 We have been reaping the benefits of our 6 springs for over 100 years. Yet no spring 7 specific regulations have ever been promulgated 8 to protect these unique gems. 9 The Springs Initiative has been underway 10 for nearly four years, yet this is the first 11 regulatory protection to be proposed. 12 It seems quite reasonable that public and 13 private property owners adjacent to a 14 state-owned spring or a spring run, who are 15 reaping the benefits provided by the spring, 16 should do their part to avoid damaging these 17 sensitive resources. 18 The citizens of Florida expect the State 19 of Florida to protect their springs from abuse. 20 Minimal as it is, this item is a statement to 21 the people of Florida that the State of Florida 22 is striving to protect their springs. Thank 23 you. 24 GOVERNOR BUSH: Thank you, sir. 25 MR. STRUHS: That concludes the public
. 62 1 comments on the proposed rule. We recommend 2 approval. 3 CFO GALLAGHER: Move to approve. 4 COMMISSIONER BRONSON: Second. 5 GOVERNOR BUSH: There is a motion and a 6 second to approve item 3. 7 MR. STRUHS: As amended. 8 GOVERNOR BUSH: As amended. Is that all 9 right? 10 COMMISSIONER BRONSON: Yes. 11 CFO GALLAGHER: Yes. 12 GOVERNOR BUSH: Any other discussion? 13 Without objection, the motion passes. 14 Thank you all very much. 15 CFO GALLAGHER: We got item 4, I would like 16 to defer that until November 12 so that people 17 from Franklin County can more easily be here at 18 the meeting as opposed to having to go all the way 19 to St. Augustine. 20 COMMISSIONER BRONSON: Second. 21 GOVERNOR BUSH: Okay. There is a motion to 22 defer item 4 until November 12, 2003, and a 23 second. 24 CFO GALLAGHER: I think all the parties agree 25 with that.
. 63 1 GOVERNOR BUSH: Without objection, the item 2 is deferred. 3 Item 5. 4 MR. STRUHS: Recommend approval of item 5, 5 which is a 20-acre acquisition in the Northeast 6 Florida Blueway Florida Forever program. 7 CFO GALLAGHER: Motion on 5. 8 COMMISSIONER BRONSON: Second. 9 GOVERNOR BUSH: Moved and seconded. Without 10 objection, the item passes. 11 (The proceedings concluded at 10:45 a.m.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25
. 64 1 2 CERTIFICATE OF REPORTER 3 4 5 6 STATE OF FLORIDA ) 7 COUNTY OF LEON ) 8 9 I, SANDRA L. NARGIZ, RMR, CRR, certify that I 10 was authorized to and did stenographically report the 11 proceedings herein, and that the transcript is a true 12 and complete record of my stenographic notes. 13 I further certify that I am not a relative, 14 employee, attorney or counsel of any of the parties, 15 nor am I a relative or employee of any of the parties' 16 attorney or counsel connected with the action, nor am I 17 financially interested in the action. 18 WITNESS my hand and official seal this 12th 19 day of October, 2003. 20 21 22 ______________________________ 23 SANDRA L. NARGIZ, RMR, CRR
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