The Governor and Cabinet - Florida Department of State

THE CABINET

STATE OF FLORIDA

_____________________________________________________

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:

DIVISION OF BOND FINANCE
FINANCIAL SERVICES COMMISSION OFFICE OF INSURANCE REGULATION
DEPARTMENT OF LAW ENFORCEMENT
BOARD OF TRUSTEES
s TATE BOARD OF ADMINISTRATION

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 the 19th day of April, 2005, commencing at approximately
10:00 a.m.

Reported by:

KRISTEN L. BENTLEY
Certified Court Reporter

ACCURATE STENOTYPE REPORTERS, INC.
2894 REMINGTON GREEN LANE
TALLAHASSEE, FL 32308 (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

* * *

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I N D E X

DIVISION OF BOND FINANCE
(Presented by BEN WATKINS)

ITEM ACTION PAGE
1 Approved 4
2 Approved 4
3 Approved 5

OFFICE OF FINANCIAL REGULATION
(Presented by DON SAXON)

ITEM ACTION PAGE
1 Approved 6

DEPARTMENT OF LAW ENFORCEMENT
(Presented by GUY TUNNELL)

ITEM ACTION PAGE
1 Approved 7
2 Approved 8

BOARD OF TRUSTEES
(Presented by COLLEEN CASTILLE)

ITEM ACTION PAGE
1 Approved 14
2 Approved 18
3 Withdrawn 18

STATE BOARD OF ADMINISTRATION
(Presented by COLEMAN STIPANOVICH)

ITEM ACTION PAGE
1 Approved 20
2 Approved 20

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DIVISION OF BOND FINANCE - 4/19/05
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1 PROCEEDINGS

2 THE GOVERNOR: The next cabinet meeting will be

3 Tuesday, May 3rd, 2005.

4 Division of Bond Finance.

5 CFO GALLAGHER: Motion on the minutes.

6 GENERAL CRIST: Second.

7 THE GOVERNOR: There's a motion and a second on

8 Item 1. Without objection, it passes.

9 Ben, how are you doing?

10 MR. WATKINS: Good morning, sir. Very well, thank

11 you.

12 Item No. 2 is a resolution authorizing the issuance

13 of up to $31.7 million in housing facility revenue bonds

14 for a new dormitory at Florida State University.

15 GENERAL CRIST: Motion.

16 CFO GALLAGHER: Second.

17 THE GOVERNOR: There's a motion and a second.

18 Without objection, the item passes.

19 MR. WATKINS: And Item No. 3 is a resolution

20 authorizing the issuance and competitive sale of up to

21 $105 million in refunding bonds for the Turnpike

22 Enterprise.

23 CFO GALLAGHER: Motion on 3.

24 GENERAL CRIST: Second.

25 THE GOVERNOR: There's a motion and a second.

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DIVISION OF BOND FINANCE - 4/19/05
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1 Without objection, the item passes.

2 Thank you, Ben.

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FSC - OFFICE OF FINANCIAL REGULATION - 4/19/05
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1 THE GOVERNOR: Financial Services Commission. Office

2 of Financial Regulation.

3 Don, how are you doing?

4 MR. SAXON: Doing fine, Governor. Thank you.

5 We have adoption of amendment to Rule 69V-0 -- excuse

6 me, 40.031, Florida Administrative Code.

7 CFO GALLAGHER: Motion on 1.

8 GENERAL CRIST: Second.

9 THE GOVERNOR: There's a motion and a second.

10 Without objection, the item passes.

11 MR. SAXON: Thank you.

12 THE GOVERNOR: Thank you.

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DEPARTMENT OF LAW ENFORCEMENT - 4/19/05
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1 THE GOVERNOR: Florida Department of Law Enforcement.

2 CFO GALLAGHER: Motion on the minutes of September

3 21st, October 26th and November 9th.

4 GENERAL CRIST: Second.

5 THE GOVERNOR: There's a motion and a second.

6 Without objection, Item 1 passes.

7 Hello, Guy.

8 MR. TUNNELL: Good morning, Governor, members of the

9 cabinet. It's a pleasure to be here. I appreciate you

10 taking the action on the first item for us. We actually

11 had two items on the agenda and I wanted to do a brief

12 highlight of some of the things your Department of Law

13 Enforcement has been involved in in the last several

14 months.

15 But first and foremost, if I could kind of divert a

16 little bit from our agenda. I'd be in big trouble and

17 very much remiss if I didn't introduce one special person

18 in the audience that's left. As you know, assistant

19 commissioner Electra Bustle has been a very positive

20 influence in the Florida Department of Law Enforcement her

21 short time on board and we are fortunate to have her

22 parents visiting with us.

23 THE GOVERNOR: Oh, yeah? Excellent.

24 MR. TUNNELL: Right now though, her father,

25 Dr. Vassilios Theodorides -- I practiced that quite a bit.

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DEPARTMENT OF LAW ENFORCEMENT - 4/19/05
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1 THE GOVERNOR: Well done.

2 MR. TUNNELL: He is absent. He had to step out to

3 meet with some members of the Legislature. They're going

4 to be recognizing the Greek culture and people in the next

5 day or two. But I'd like to introduce his wife, Ms. Soula

6 Theodorides, Electra's mother.

7 THE GOVERNOR: Hello.

8 MS. THEODORIDES: Good morning.

9 THE GOVERNOR: Good morning. Thank you for being

10 here.

11 (Applause.)

12 You've got a great daughter, great public servant.

13 MS. THEODORIDES: Thank you very much.

14 MR. TUNNELL: Thank you very much for that.

15 Our second item on the agenda is our second quarter

16 performance report for the period ending December 31st.

17 Our contracts, agreements, and purchases over $100,000 for

18 the same period.

19 CFO GALLAGHER: Motion to accept it.

20 GENERAL CRIST: Second.

21 THE GOVERNOR: There's a motion and a second. Any

22 discussion? Any questions?

23 (No response.)

24 Without objection, the quarterly report has been

25 accepted and approved.

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DEPARTMENT OF LAW ENFORCEMENT - 4/19/05
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1 MR. TUNNELL: Thank you very much. Governor, as you

2 can see from the report, members of the cabinet, we're on

3 track to meet the majority of our measures as we reach the

4 halfway point of the fiscal year. As you're also well

5 aware, the hurricanes, in the fall particularly, impacted

6 our key investigative and crime lab services.

7 For instance, in investigations, we had 422 members

8 that worked in excess of 69,000 hours in that effort.

9 Also, all of our crime labs were nonoperational for a

10 total of 36 days. Certainly that set us back quite a bit.

11 And unfortunately, we don't expect to meet some of the

12 targets by year's end. But on the upside, we're doing

13 very well in our other areas. And I wanted to, again,

14 take this opportunity to highlight a few of the things

15 that have been on our front burner the last several

16 months.

17 Just last week, FDLE, working in conjunction with

18 several local law enforcement agencies in northeast

19 Florida, discovered and dismantled a major Ecstasy lab.

20 The lab was located in the back bedroom of a residence in

21 Flagler County, City of Palm Coast. They were producing

22 high-potency MDMA capsules for about six months. And we

23 estimate the group was turning out about 2,000 capsules a

24 month. And with a street value of about $20 to $25 each,

25 we further estimate they've probably done somewhere over

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DEPARTMENT OF LAW ENFORCEMENT - 4/19/05
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1 in excess $250,000 of business during that time frame.

2 We seized 850 capsules, arrested four individuals.

3 This is notable because this is only the seventh such MDMA

4 or Ecstasy lab that's been discovered in Florida since

5 2000. It's a pretty significant hit. And as I said, we

6 made four arrests. We expect more arrests to come in the

7 near future. And the Office of Statewide Prosecution is

8 prosecuting the case.

9 In terms of missing children, we're all and continue

10 to be very saddened about the recent news and murder of

11 missing child Sarah Lundy from Ruskin, Florida. Certainly

12 our thoughts and prayers are with the family. FDLE was

13 very much involved in this investigation even though the

14 lead agency was the Hillsborough County Sheriff's Office.

15 We provided a great deal of investigative and crime scene

16 support.

17 This was the second activation of our Tampa CART,

18 which is our Child Abduction Response Team. These teams

19 are new throughout the state. We're in the process of

20 putting them in each of our regions. They're a

21 multi-agency response to missing children. Essentially,

22 these groups coordinate with the agencies in the region

23 well in advance so that a response to an abduction is

24 immediate and effective. We pretty much, through the CART

25 team, perform the logistical support for the investigative

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DEPARTMENT OF LAW ENFORCEMENT - 4/19/05
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1 effort, the recovery effort.

2 The teams have predetermined assignments, what each

3 agency brings in terms of mobile command posts, who

4 programs and deploys the radio bank, for instance, who

5 leads the neighborhood canvassing, who steers the analysts

6 in checking for sexual predators and vehicles and what

7 have you that are in the immediate area. Some of these

8 members of the CART team are assigned to work with the

9 media, the family, volunteers in the recovery effort and

10 victim advocates.

11 So when a child is abducted, everyone responding

12 knows their role in advance. No time is lost, resources

13 and equipment are maximized. There are no turf issues.

14 It's a regional response and we've had excellent response

15 from local law enforcement. And this is such a tremendous

16 force multiplier. Presently, the teams are active in

17 Orlando, Pensacola, Tampa, and Fort Myers. We have teams

18 in various planning stages in the other regions, those

19 being Tallahassee, Jacksonville, and Miami.

20 These teams meet quarterly, conduct regular training

21 exercise together, both tabletop and actual field

22 exercises. Other states -- they've been so successful to

23 date that other states are beginning to ask about this

24 concept and you'll probably hear much more about this in

25 the future. We're also working, in addition, kind of a

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DEPARTMENT OF LAW ENFORCEMENT - 4/19/05
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1 sidelight, we're working very closely with respect to our

2 criminal -- computerized criminal history records to make

3 that more readily accessible through probation offices.

4 Also reaching out to local counties, working with their

5 county probation offices, either the county governments

6 themselves or contracted groups to enable them to get

7 access. They've always had access to the information,

8 they just haven't always readily accessed it, if that

9 makes any sense.

10 THE GOVERNOR: Well, it does. So what can you do

11 other than the obvious which is they can -- anybody can

12 access it, right?

13 MR. TUNNELL: Anybody can.

14 THE GOVERNOR: Including citizens.

15 MR. TUNNELL: Online, the sexual predator listings.

16 However, this is computerized criminal history that's been

17 there for these groups, these probation offices to access.

18 They just haven't always understood the vehicle by which

19 to access it. So we're trying --

20 THE GOVERNOR: They do now.

21 MR. TUNNELL: They do now, yes, sir.

22 THE GOVERNOR: You didn't have to do any outreach. I

23 mean the sense that --

24 MR. TUNNELL: Some of them weren't connected to the

25 process on their end.

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DEPARTMENT OF LAW ENFORCEMENT - 4/19/05
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1 THE GOVERNOR: They're aware now based on the

2 publicity of the case in Citrus County?

3 MR. TUNNELL: Yes, sir, they are now. But we did a

4 lot of this work in advance of the missing children,

5 working with the different groups. Also, there's some

6 technical things that we have to do with respect to access

7 to federal NCIC, National Crime Information Center,

8 records that -- we helped to facilitate before these

9 missing children cases were made so prominent.

10 Lastly, I mentioned to you previously last week, I

11 think, at Agency head meeting. But we're in the process

12 of our lab reaccreditation. This is through the American

13 Society for Crime Lab Directors, ASCLD. They've been on

14 site since the weekend and they're going through our

15 entire laboratory system from one end of the state to the

16 other. We're working very closely. This is the third

17 time that we've been up for reaccreditation. We were

18 first accredited in 1990. So this is pretty much an all

19 hands on deck type of operation and process and it's going

20 very well. So we hope to have some positive results from

21 that.

22 THE GOVERNOR: Thank you, Guy. Any questions?

23 Thank you.

24 MR. TUNNELL: Thank you very much.

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BOARD OF TRUSTEES 4/19/05
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1 THE GOVERNOR: Board of Trustees. Ocean girl.

2 MS. CASTILLE: Good morning, Governor, members of the

3 cabinet.

4 Item 1 is Stuart Cay Marina. It's a consolidated

5 intent of an application for modification of a five-year

6 sovereignty submerged land lease.

7 CFO GALLAGHER: Motion on 1.

8 GENERAL CRIST: Second.

9 THE GOVERNOR: There's a motion and a second.

10 Without objection, the item passes.

11 MS. CASTILLE: Item 2 is the Harbors Community

12 Association Centex Homes lease modification, application

13 for modification of an existing five-year sovereignty

14 submerged land lease to change an existing 18-slip revenue

15 generating docking facility to an 18-slip private

16 residential docking facility.

17 CFO GALLAGHER: Motion to approve 2.

18 GENERAL CRIST: Second.

19 THE GOVERNOR: There's a motion and a second.

20 Colleen?

21 MS. CASTILLE: Yes, sir.

22 THE GOVERNOR: We've had some discussions about this

23 just about every cabinet meeting, regarding the turning

24 marinas into private facilities, and what is the tradeoff

25 when we do this? Why is this different than the one we

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BOARD OF TRUSTEES 4/19/05
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1 discussed up in Brevard County?

2 MS. CASTILLE: This one is different because it

3 has -- it's for residential -- folks who live on the

4 upland facility and giving the riparian rights to people

5 who buy property of the upland facility. The other ones

6 are membership-oriented facilities and --

7 THE GOVERNOR: They had a development attached to it

8 in Brevard County, right?

9 MS. CASTILLE: They had a yacht club type of

10 membership orientation.

11 THE GOVERNOR: And this one doesn't?

12 MS. CASTILLE: This does not. This is for

13 residences, townhomes that are upland of the facility.

14 And there will be a lottery involved --

15 THE GOVERNOR: It's a public marina right now?

16 MS. CASTILLE: It was associated with --

17 THE GOVERNOR: Hey, Kevin.

18 MS. CASTILLE: It was associated with a nightclub and

19 restaurant facility that was upland.

20 THE GOVERNOR: It was a public facility.

21 MS. CASTILLE: Yes.

22 THE GOVERNOR: People could come, they would use it

23 to go to the restaurant or could they rent? It was

24 just -- they could come. First come, first served. Now

25 it's being turn into -- it's being leased on a long-term

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BOARD OF TRUSTEES 4/19/05
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1 basis to private owners, I assume.

2 MS. CASTILLE: Yes. I distinguish it by the fact

3 that we've had this from upland private facilities for

4 residential homes and it's part of the riparian rights

5 that come with a home.

6 CFO GALLAGHER: Here's the main difference, the way I

7 see it. Is the existing lease that was owned by the

8 nightclub, those slips we used strictly for people to

9 come, park their boat for the evening and leave. The

10 nightclub isn't going to be there anymore. So there's no

11 reason to come and park your boat for the night. So that

12 particular space needs to be used in a better manner and

13 this new owner is going to use it by leasing it to the

14 people who he's developing the property for which is what

15 we normally do for slips, is riparian rights for those

16 owners nearby.

17 So it's normally what we would do anyway. It's just

18 this happens to be a different use for the already --

19 normally, we'd be building docks for the person with

20 riparian rights. This person happens to have the docks

21 already there. And I think we're expanding it a touch or

22 at least --

23 MS. CASTILLE: We're reducing the lease area.

24 CFO GALLAGHER: Changing the area.

25 MS. CASTILLE: Yes, but allowing the waiver of the 40

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BOARD OF TRUSTEES 4/19/05
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1 to 1 square foot limitation, just a slight --

2 THE GOVERNOR: I just want to be consistent.

3 CFO GALLAGHER: We are. This is consistent.

4 COMMISSIONER BRONSON: Governor, if I could. It

5 seems like the one we voted on just before was more like

6 the one we talked about last week with the 90 percent for

7 public access. And I assume that they're going to be

8 doing that the same way as we were talking to the marina

9 in Brevard County.

10 MS. CASTILLE: Item 2?

11 COMMISSIONER BRONSON: Yes. I mean, Item 1, the one

12 we just passed.

13 MS. CASTILLE: Item 1, Stuart Cay, no, sir. They do

14 have a yacht sales facility associated with it but all of

15 the slips that are not used for the boats that are for

16 sale are open to the public. They just can't meet the

17 90 percent test so they opted not to ask for the

18 first-come, first-serve discount. So sometimes it's

19 90 percent, sometimes it's 60 percent, depending upon how

20 many boats they have for sale. And they do rent to

21 live-aboards under your existing live-aboard policy. And

22 there is a pump-out facility that comes by, a mobile

23 pump-out facility.

24 THE GOVERNOR: That's in Martin County, you mean?

25 MS. CASTILLE: Yes, sir.

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BOARD OF TRUSTEES 4/19/05
18
1 THE GOVERNOR: Okay. Any other discussion? Kevin,

2 it's great seeing you. Sorry you didn't get a chance to

3 speak but sounds like it's under control. Is there a

4 motion?

5 CFO GALLAGHER: I moved it.

6 COMMISSIONER BRONSON: Second.

7 THE GOVERNOR: There's a motion and a second.

8 Without objection, the item passes.

9 MS. CASTILLE: Item 3 is Basil Street Partners and

10 we're requesting withdrawal with agreement of the

11 applicant.

12 CFO GALLAGHER: Governor, yeah, this is one that we

13 asked for a compliance inspection, at lease I did. And

14 there are some violations that need to be fixed up prior

15 to this application moving forward. I move to withdraw.

16 THE GOVERNOR: There's a motion to withdraw.

17 COMMISSIONER BRONSON: Second.

18 THE GOVERNOR: And a second. Without objection, the

19 item is withdrawn.

20 MS. CASTILLE: And, Governor, I want to provide to

21 you and the cabinet the newest Florida State Park Guide

22 which has all of our 158 state parks in it and the

23 facilities that are available at those state parks.

24 THE GOVERNOR: Is it the before hurricane pictures

25 that you used or the after?

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BOARD OF TRUSTEES 4/19/05
19
1 MS. CASTILLE: Yes, sir, it is the before hurricane

2 pictures.

3 CFO GALLAGHER: But it will soon look like that

4 again. They will recover. Florida grows fast.

5 MS. CASTILLE: Yes.

6 THE GOVERNOR: Thank you.

7 MS. CASTILLE: Thank you, sir.

8 THE GOVERNOR: The reason I called Colleen "ocean

9 girl" is tomorrow is oceans day and she's wearing her aqua

10 blue. It reminds me of Marion Hammer. That's what she

11 wears when she has bill signings here.

12 MS. CASTILLE: Thank you, sir.

13 THE GOVERNOR: Thank you, Colleen.

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STATE BOARD OF ADMINISTRATION - 4/19/05
20
1 THE GOVERNOR: State Board of Administration.

2 CFO GALLAGHER: Motion on the minutes.

3 GENERAL CRIST: Second.

4 THE GOVERNOR: There's a motion and a second.

5 Without objection, the item passes.

6 MR. STIPANOVICH: Thank you, Governor and members.

7 Item 2 is request for approval of fiscal sufficiency of an

8 amount not exceeding 105 million State of Florida,

9 Department of Transportation turnpike revenue refunding

10 bonds.

11 CFO GALLAGHER: Motion.

12 GENERAL CRIST: Second.

13 THE GOVERNOR: There's a motion and a second.

14 Without objection, the item passes.

15 MR. STIPANOVICH: Thank you, Governor.

16 THE GOVERNOR: Thank you.

17 (Thereupon, the proceedings concluded at 10:15 a.m.)

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21
1

2 CERTIFICATE OF REPORTER

4 STATE OF FLORIDA )

5 COUNTY OF LEON )

7 I, KRISTEN L. BENTLEY, Court Reporter, certify that

8 the foregoing proceedings were taken before me at the time and

9 place therein designated; that my shorthand notes were

10 thereafter translated under my supervision; and the foregoing

11 pages numbered 1 through 20 are a true and correct record of

12 the aforesaid proceedings.

14 I further certify that I am not a relative, employee,

15 attorney or counsel of any of the parties, nor am I a relative

16 or employee of any of the parties' attorney or counsel

17 connected with the action, nor am I financially interested in

18 the action.

19 DATED this 2nd day of May, 2005.

20 ______________________________

21 KRISTEN L. BENTLEY, Court Reporter
Notary Public
22 850-878-2221

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