Cabinet
Affairs |
1
2 T H E C A B I N E T
3 S T A T E O F F L O R I D A
4
Representing:
5
COMMISSION ON MINORITY ECONOMIC
6 AND BUSINESS DEVELOPMENT
STATE BOARD OF ADMINISTRATION
7 INFORMATION RESOURCE COMMISSION
STATE BOARD OF EDUCATION
8 ADMINISTRATION COMMISSION
BOARD OF TRUSTEES OF THE INTERNAL
9 IMPROVEMENT TRUST FUND
10
The above agencies came to be heard before
11 THE FLORIDA CABINET, Honorable Governor Chiles
presiding, in the Cabinet Meeting Room, LL-03,
12 The Capitol, Tallahassee, Florida, on Tuesday,
November 7, 1995, commencing at approximately
13 9:48 a.m.
14
15
16
17 Reported by:
18 LAURIE L. GILBERT
Registered Professional Reporter
19 Certified Court Reporter
Notary Public in and for
20 the State of Florida at Large
21
22
23 ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
24 TALLAHASSEE, FLORIDA 32301
904/878-2221
25 1-800/934-9090
November 7, 1995
2
1 APPEARANCES:
2 Representing the Florida Cabinet:
3 LAWTON CHILES
Governor
4
BOB CRAWFORD
5 Commissioner of Agriculture
6 BOB MILLIGAN
Comptroller
7
SANDRA B. MORTHAM
8 Secretary of State
9 BOB BUTTERWORTH
Attorney General
10
BILL NELSON
11 Treasurer
12 FRANK T. BROGAN
Commissioner of Education
13
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25
ACCURATE STENOTYPE REPORTERS, INC.
November 7, 1995
3
1 I N D E X
2 ITEM ACTION PAGE
3 COMMISSION ON MINORITY
ECONOMIC AND BUSINESS
4 DEVELOPMENT:
(Presented by Quan Cao,
5 Deputy Interim Executive Administrator)
6 1 Approved 10
2 Approved 11
7 3 Approved 11
4 Approved 11, 23
8 5 Approved 29
6 Approved 30
9
STATE BOARD OF ADMINISTRATION:
10 (Presented by Ash Williams, Jr.,
Executive Director)
11
1 Approved 31
12 2 Approved 31
3 Approved 32
13
INFORMATION RESOURCE COMMISSION:
14 (Presented by John Douglas,
Interim Executive Director)
15
1 Approved 33
16 2 Approved 33
17 STATE BOARD OF EDUCATION:
(Presented by Robert L. Bedford,
18 Deputy Commissioner)
19 1 Approved 34
2 Adopted 51
20 3 Approved 52
4-13 Approved 52
21 14 Approved 53
15 Approved 54
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
November 7, 1995
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1 I N D E X
(Continued)
2
ITEM ACTION PAGE
3
ADMINISTRATION COMMISSION:
4 (Presented by Robert B. Bradley, Ph.D.,
Secretary)
5
1 Approved 55
6 2 Approved 55
3 Approved 56
7
BOARD OF TRUSTEES OF THE
8 INTERNAL IMPROVEMENT
TRUST FUND:
9 (Presented by Kirby Green,
Deputy Secretary)
10
1 Approved 57
11 2 Approved 57
3 Approved 57
12 4 Approved 58
5 Approved 58
13 6 Approved 58
14 CERTIFICATE OF REPORTER 59
15 *
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17
18
19
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25
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1 P R O C E E D I N G S
2 (The agenda items commenced at 9:50 a.m.)
3 GOVERNOR CHILES: And we'll start with the
4 Commission on Minority Economic and Business
5 Development.
6 MR. CAO: Good morning.
7 Final agency action on an Administrative
8 hearing in the case of Northwest Engineering of
9 the denial of application for certification as a
10 Minority Business Enterprise.
11 The recommendation of the staff is to
12 authorize the Executive Administrator to enter
13 the final order adopting the recommendation of
14 the hearing officer to deny the petition of a
15 Minority Business Enterprise status.
16 ATTORNEY GENERAL BUTTERWORTH: Motion.
17 COMMISSIONER CRAWFORD: Second.
18 GOVERNOR CHILES: It's been moved and
19 seconded.
20 TREASURER NELSON: Governor, I have a
21 question.
22 GOVERNOR CHILES: Question.
23 TREASURER NELSON: This is Item 1 --
24 MR. CAO: Yes.
25 TREASURER NELSON: -- is that not correct?
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1 MR. CAO: Yes.
2 TREASURER NELSON: Item 1.
3 Now, this person is from the Azores; is
4 that correct?
5 MR. CAO: That's correct.
6 TREASURER NELSON: The Azores are islands
7 out in the Atlantic off the coast of Africa.
8 MR. CAO: That's correct.
9 TREASURER NELSON: Why is it that this
10 particular person doesn't qualify as a
11 minority?
12 MR. CAO: Okay. Secretary, the Azores are
13 right off the coast of south Portugal, about
14 740 miles off the coast.
15 They're not part of Mexico, they're not
16 part of South America, Central America, or the
17 Caribbean. So accordingly, the petitioner,
18 whose mother was from the Azores, does not
19 qualify within the statutory definition of an
20 Hispanic American for the purpose of
21 certification as an MBE.
22 Our suggestion from the staff is that the
23 existing statute as it stands excludes Spain;
24 Portugal; and by extension, the Azores. When it
25 was first drafted in 1984, it was then deemed
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1 that any person of national origin from a
2 European country would not be considered
3 economically disadvantaged.
4 And the staff would like, at the direction
5 of the Cabinet, to be -- to be able to include a
6 definition review in our legislative package for
7 next year.
8 TREASURER NELSON: Well, Governor, it seems
9 to me that on the basis of what we've been told,
10 that due to a technicality, this is not
11 considered a minority.
12 You're saying that someone from Spain and
13 Portugal is not considered a minority?
14 MR. CAO: That's my understanding, the way
15 that the statute is written right now.
16 TREASURER NELSON: So the way the statute
17 is drawn now, that only somebody from Mexico,
18 South America, Central America, and the
19 Caribbean is considered a minority.
20 MR. CAO: That's correct.
21 TREASURER NELSON: Well, I'm not sure that
22 sort of fits with the general definition of
23 minority. And perhaps --
24 GOVERNOR CHILES: Our problem is the
25 definition is made by the statute.
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1 TREASURER NELSON: So perhaps --
2 GOVERNOR CHILES: If we want to change the
3 law.
4 TREASURER NELSON: -- my recommendation
5 then is that we would ask the Legislature to
6 look at that to see if that is their definition
7 of minority.
8 But I think you're right, under the
9 existing definition, it is what it is.
10 GOVERNOR CHILES: I think that's right.
11 I really think, if you look at it, when you
12 were setting the purpose of the Minority Act,
13 the purpose was trying to help people in some
14 ways that were immigrants that were coming from,
15 in effect, underdeveloped countries. And I
16 don't know that Spain and Portugal qualified for
17 that, you know, anymore than Germany or,
18 you know, other countries like that.
19 So I suspect that we were looking at the
20 Caribbean; we were looking at Central and
21 South America; and at that time, Mexico.
22 The question of time maybe, you know,
23 certainly with a lot of the Mexicans that come
24 in, you would say they're truly minorities.
25 TREASURER NELSON: Okay. I don't have any
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1 further questions.
2 COMPTROLLER MILLIGAN: Governor, I have a
3 comment really.
4 I would suggest that per the request, that
5 perhaps we direct the Commission to look at the
6 definition, review it, and if it is deemed
7 appropriate to make a change, include it in
8 their legislative package for next year, as was
9 suggested.
10 I am not harping personally with this
11 particular Item 1. But I think that the
12 definition does need to be reviewed. It is
13 certainly not consistent with the Federal
14 definition of minority, and it is also not
15 consistent with the definition in other agencies
16 in this state.
17 So I think it does need some review. And I
18 would make a motion that the Commission take a
19 look at the definition, review it, and come back
20 to us with the idea to determine whether it
21 should be included in the legislative package
22 for next year.
23 GOVERNOR CHILES: We have a motion and
24 second pending.
25 Now, let's dispose of that --
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1 COMPTROLLER MILLIGAN: All right, sir.
2 GOVERNOR CHILES: -- and then --
3 COMPTROLLER MILLIGAN: Good.
4 GOVERNOR CHILES: -- I think the
5 suggestion -- or I think then we could ask them
6 to --
7 COMPTROLLER MILLIGAN: Okay. Good.
8 GOVERNOR CHILES: Without objection then,
9 the Item 1 is approved.
10 COMMISSIONER BROGAN: And I'll second the
11 motion that the General made --
12 GOVERNOR CHILES: All right.
13 COMMISSIONER BROGAN: -- for a vote,
14 Governor.
15 GOVERNOR CHILES: Without objection, that
16 would be approved.
17 Now, we go to Item 2.
18 MR. CAO: Final agency action on an
19 Administrative hearing in the case of
20 Action Wire and Cable Corporation of the
21 granting of application for certification as a
22 Minority Business Enterprise --
23 COMMISSIONER BROGAN: Move approval.
24 SECRETARY MORTHAM: Second.
25 GOVERNOR CHILES: Moved and seconded.
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1 Without objection, it's approved.
2 MR. CAO: Final agency action on an
3 Administrative hearing in the case of G.M. Sales
4 and Service Corporation of the denial of
5 application for certification as a Minority
6 Business Enterprise.
7 COMMISSIONER BROGAN: Move approval.
8 SECRETARY MORTHAM: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 MR. CAO: Final agency action on an
12 Administrative hearing in the case of
13 Michelle Wolf, sole proprietor, of the denial of
14 application for certification as a Minority
15 Business Enterprise.
16 COMMISSIONER BROGAN: Move approval.
17 SECRETARY MORTHAM: Second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, it's approved.
20 MR. CAO: Governor, we --
21 ATTORNEY GENERAL BUTTERWORTH: Somebody's
22 out here, Governor.
23 MR. CAO: We have the attorney representing
24 Michelle Wolf here who would like to speak.
25 GOVERNOR CHILES: Fine.
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1 MS. PICCARD: Good morning. My name is
2 Mary Piccard. I'm an attorney with Cummings,
3 Lawrence & Vezina here in Tallahassee.
4 I'm sorry, this is my first experience in
5 front of the Cabinet. I practice quite a bit of
6 administrative law, and I'm maybe not familiar
7 with your procedures. I didn't know I --
8 COMMISSIONER BROGAN: Something you'll
9 never forget.
10 MS. PICCARD: -- was to stand up.
11 Ms. Wolf called me Friday, and -- and she
12 explained her story to me. And as she explained
13 it, my heart began to sink a little bit, and I
14 have to bite my tongue to keep from saying, if
15 only you had called me when you began your
16 process, you know, you -- I don't think you
17 would be where you are today. And that's a sad
18 commentary on this system.
19 We have to keep -- mind you, the Cabinet
20 has already discussed this morning what the
21 purpose of this program is, to help these
22 people.
23 Now, there's no question Ms. Wolf is a
24 socially and economically disadvantaged
25 individual who is entitled to the benefits of
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1 this program. And there's no question that
2 she's trying very hard to be an entrepreneur, to
3 break into the business community, and start her
4 own business.
5 She shouldn't have to call a lawyer to get
6 that accomplished. She was up against a very
7 qualified attorney, Mr. Shields, who I've known
8 a long time, and she didn't have a chance given
9 the situation.
10 What I would ask the Court -- the Cabinet
11 to keep in mind is the equities in that sense,
12 and to look over most importantly the
13 recommended order of Ms. Rigot in this case as
14 it describes the facts that are almost identical
15 to a case of Expertech Supplies, Inc., and
16 Mechanical Air Products, and Tai-Pan Trading,
17 three women-owned applicants for minority
18 business certification who brought a rule
19 challenge challenging the very rules that were
20 applied against Ms. Wolf in this case.
21 And the final order came out approximately
22 10 days after the recommended order in this
23 case, and it declares each of the rules invalid,
24 as not being authorized by the Legislature.
25 I know you don't have time to go through
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1 the entire order. I'd like to make sure the
2 Cabinet has copies of this administrative
3 order -- final administrative order denying --
4 invalidating the rule.
5 And I'd ask you particularly to look at
6 paragraphs 22 and 53 of this order. And you'll
7 see that the facts in this case -- in Ms. Wolf's
8 case, are identical -- virtually identical in
9 all material respects to the facts in the cases
10 where the rules were found invalid.
11 They put too much -- too much pressure, too
12 much -- too stringent a standard on these
13 minorities. It makes it too hard for them to
14 become a business.
15 We all understand that the -- that the
16 office has -- the Commission has a
17 responsibility to watch out for abuse. But when
18 that overcomes the purpose of the office, which
19 is to help these people, which it has done with
20 these rules, that the hearing officer has said
21 are invalid, then it's time to reconsider.
22 And I don't know the appropriate way to
23 make sure the Cabinet has this order. Maybe
24 somebody does.
25 And again, I know the Cabinet doesn't have
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1 time. If there's any questions, I would do what
2 I can to answer them. Like I said, Ms. Wolf
3 called me Friday.
4 There's one other aspect that perhaps is a
5 little different from what is in this order, and
6 that has to do with a loan that Ms. Wolf was
7 given by another business, the business that
8 she -- she works through.
9 And it -- it's a little bit of a Catch-22
10 situation, again, because in the recommended
11 order, there was a complaint that -- that there
12 was no time period for the payback of the loan.
13 But there's no question it's an enforceable
14 loan.
15 Now, if -- if a -- an established business
16 loans money to a minority and says, but I have
17 the right to call in this loan any time I want,
18 well, that's not legitimate capital, because
19 that gives the nonminority too much control. So
20 it's Catch-22.
21 You've got a loan that doesn't give the --
22 the loaner that kind of power, and they don't
23 like it, they think it's too liberal of a loan.
24 But if you have a loan that -- that gives the
25 loaner the power to call it in, they don't like
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1 it because it gives the loaner control over the
2 minority.
3 GOVERNOR CHILES: Counselor, I think maybe
4 you put your finger on it to start with when you
5 said, you know, you got into the case a little
6 late. You know, at this stage, I don't know
7 other than trying to maybe apply, you know, make
8 application over at some future time.
9 You know, I mean, I think where we've --
10 where the Commission finds itself is that, yes,
11 we are trying to provide this avenue to help
12 minorities. It has been abused terribly by
13 fronting, and I've had some experience in that
14 and -- at the time I was in the United States
15 Senate.
16 And because of the abuses in -- there's a
17 strong force out there that says get rid of
18 these minority things, they don't do anything.
19 And, in fact, in many instances, you find -- or
20 we did in Washington -- the same minority
21 business which many times literally wasn't --
22 almost looked like a front, got all of the
23 business. It's hard to say that it was really
24 helping true minorities. It never seemed to get
25 weaned off of, you know, the government
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1 contracts and all.
2 So I think because of that, you do -- the
3 hearing officers, the Commission itself, looks
4 carefully at the status of what, you know, makes
5 up a -- a minority. And when you see whether
6 it's a key employee that appears to be a front,
7 or something else, you know, they come down on
8 that.
9 It may well be that in this circumstance,
10 that's hard for us to determine now. We're
11 faced with a -- the Commission's finding and a
12 hearing officer's recommendation.
13 And at this stage, you know, based on your
14 presentation, as good as it is, it's very hard
15 for -- you know, to say we're going to overturn
16 that.
17 I think that -- that this is a constant
18 tension between what is liberal enough to help
19 the minorities, but at the same time what is not
20 allowing a truck to be driven through, which is
21 allowing fronting to be set up because they are
22 given some preference in this, and there is an
23 awful lot of fronting that takes place in that.
24 So I think that's -- that's the dilemma here.
25 MS. PICCARD: I understand that,
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1 Governor Chiles. And I appreciate you
2 articulating it.
3 I just would like to reemphasize that this
4 order invalidating these rules came out after
5 Ms. Rigot's recommended order. And the
6 recommended order is based on the rules that are
7 now invalid. It's a final order invalidating
8 the rules that underlie the denial of Ms. Wolf's
9 application.
10 COMMISSIONER BROGAN: I -- Governor, could
11 I -- I've got to ask that -- you lost me on that
12 one.
13 MS. PICCARD: I'm sorry.
14 COMMISSIONER BROGAN: Could you please --
15 MS. PICCARD: All right. We have -- I
16 don't want to educate the Cabinet on --
17 COMMISSIONER BROGAN: It's impossible.
18 MS. PICCARD: -- on the process.
19 But you understand that you have a rule
20 challenge process, and you have the application
21 process, two separate processes. And the
22 Expertech case is a rule challenge in which the
23 Division of Administrative Hearing Office --
24 Division of Administrative Hearings enters a
25 final order. It's not a recommended order that
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1 then goes to a final order by the state agency.
2 In the -- in the rule challenge, these
3 rules that's -- that talk about in order to be
4 certified as a -- as a business performing a
5 useful function, you have to have a certain
6 amount of storage, you can't just be a
7 go-between, you have to keep the product in a
8 warehouse and have an inventory.
9 All of those rules have been found invalid
10 by the Division of Administrative Hearings in
11 this final order.
12 It's -- it's that process -- what
13 Ms. Wolf's company does is identical -- although
14 we're talking about different products -- it's
15 identical in effect to what the companies were
16 doing --
17 COMMISSIONER BROGAN: Would you turn my
18 attention to that in the final order --
19 MS. PICCARD: In --
20 COMMISSIONER BROGAN: -- specifically?
21 MS. PICCARD: -- paragraph 22 of the final
22 order, it describes basically -- I mean, that's
23 what I say, the whole -- the whole first
24 ten pages basically of the final order is
25 describing the business and how it works. And
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1 that description is materially the same as
2 Ms. Wolf's business.
3 ATTORNEY GENERAL BUTTERWORTH: It appears
4 though in this case that the hearing officer has
5 stated that -- that with the facts as presented
6 to her, that this person is nothing but a sales
7 representative.
8 And that I think is pretty much -- I don't
9 think there was any -- any rules that were
10 changed or modified later that says sales
11 representatives are any different than they were
12 before.
13 I mean -- I believe that the reading -- the
14 recommended order by the hearing officer, it's
15 very clear that the case as presented to the
16 hearing officer leads anyone who read this to
17 only one conclusion; and that is, the conclusion
18 of the hearing officer, this person is a sales
19 representative, period.
20 MR. PICCARD: Mr. Butterworth, if you would
21 refer to the final order on the rule challenge,
22 in effect, it's finding that some of these
23 businesses, what they do, is nothing more than
24 being a sales representative. And that that --
25 that's a legitimate business. It's a standard
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1 industry practice.
2 MR. CAO: Governor, could we have
3 Mr. Joe Shields approach and respond to some of
4 the comments that --
5 GOVERNOR CHILES: Approach.
6 MR. SHIELDS: Good morning.
7 GOVERNOR CHILES: Good morning.
8 MR. SHIELDS: The rule challenge case was
9 strictly dealing with the regular dealer
10 activities -- we call it the regular dealer
11 rule -- which requires a -- a certified minority
12 to have in their stock the merchandise they're
13 going to sell.
14 In the case that was brought as a rule
15 challenge, we had a -- an applicant who was drop
16 shipping, had very little stock of any kind.
17 The MO was to see that an agency was going to
18 purchase, say, 20,000 gallons of a particular
19 paint, and the applicant would rush out and buy
20 12 gallons and put it on the shelf, and then ask
21 us to certify them as a paint dealer so they
22 could qualify under the program.
23 That's just one very minor part of the
24 findings here in the Wolf case. Ms. Wolf had
25 expertise problems. The hearing officer found
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1 as a conclusion of law that she was not
2 qualified with expertise and education to be a
3 building supply person.
4 She had an affiliation problem. The
5 affiliation was that she purchased $250,000
6 worth of merchandise from a nonminority who was
7 already in the business, left that merchandise
8 in the warehouse mingled with the other
9 merchandise belonging to the nonminority. Upon
10 selling some item, the minority -- the
11 nonminority firm, which held that merchandise in
12 stock, would deliver it. She had no risk.
13 ATTORNEY GENERAL BUTTERWORTH: Well, who --
14 and she also got the money from the person who
15 was storing the -- the stuff in the same
16 warehouse.
17 MR. SHIELDS: Right. She obtained a loan
18 from him -- it was not an arm's length
19 transaction. That was another one of the
20 findings.
21 Any one of these items standing alone would
22 disqualify a person from being certified as a
23 minority business.
24 So the rule challenge is just a very minute
25 part, and standing alone has nothing to do with
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1 this case.
2 By the way, we're appealing that case
3 because we don't agree with the findings.
4 GOVERNOR CHILES: Is there further
5 discussion?
6 Let's have the motion again, if we could.
7 COMMISSIONER BROGAN: I'll move it. I
8 don't believe I did the first time, but I'll
9 move it.
10 SECRETARY MORTHAM: I'll second it.
11 GOVERNOR CHILES: Somebody did. But I --
12 because we took testimony, I think we should --
13 SECRETARY MORTHAM: Second.
14 GOVERNOR CHILES: Been moved and seconded.
15 Is there objection?
16 Without objection, the rule is affirmed.
17 MR. CAO: Item number 5, I think this item
18 was deferred from the October 24th meeting.
19 Final agency action on an administrative
20 hearing in the case of Air X Service Corporation
21 of the denial of application for certification
22 as an MBE.
23 I think the attorney representing Air X is
24 again here today.
25 SECRETARY MORTHAM: Motion.
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1 MS. FERNANDEZ: Good morning. My name is
2 Olga Fernandez, I was here before you a couple
3 of weeks ago.
4 And we're here again to just make sure that
5 you recall the important facts of this case,
6 that it was in January of 1993 when the
7 applicant made the application for minority,
8 that he should have been -- that application
9 should have been either granted or denied within
10 90 days.
11 Instead, it -- it was denied a year later
12 for unsupported reasons. The Commission somehow
13 felt that it was another individual who was the
14 minority owner. And through depositions and
15 documents and telephone interviews, they were
16 proven to be wrong.
17 And right before the hearing was going to
18 occur, a new law went into effect in May of
19 1994. That law went into effect one year and
20 two months after the application had been made.
21 And the Commission decided that they would
22 attempt to have that law apply to the
23 applications retroactively. That's not fair.
24 They rely on a certain case called
25 Lavernia. And in the Lavernia case, the
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1 applicant filed its application on
2 September 20th, and the new law went into effect
3 just 20 days later.
4 And they -- within the Lavernia case, there
5 are two cases which they say are an exception to
6 that rule. And the first case is Goldstein,
7 which says that the application was made; then
8 denied. Then a new law went into effect, and
9 they said there that the new law would not
10 apply. Those facts are similar to ours.
11 And in the Atwood case, they say that the
12 agency is acting on the application after the
13 new law went into effect. And those facts apply
14 to our case as well.
15 I -- I can -- I have the case right here,
16 and the -- and they specifically say in
17 Goldstein, the Board repeatedly denied the
18 application for a certificate, then the law
19 changed.
20 Under those circumstances, the Court ruled
21 that the applicant was entitled to have his
22 rights adjudicated under the laws that existed
23 when he first applied.
24 And in Atwood, the applicant filed for his
25 certificate more than one year before the
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1 amended law became effective. But the Board
2 delayed acting on his application until after
3 the effective date of the new law.
4 Those facts are practically identical to
5 our case.
6 So we would request that you do what's
7 fair, and -- and deny this recommended order.
8 And if you have any questions, I'd be happy
9 to answer them.
10 GOVERNOR CHILES: Questions.
11 Counsel --
12 COMMISSIONER BROGAN: I'd like to hear --
13 MR. SHIELDS: I wasn't aware we were going
14 to respond to this this morning.
15 But this case is quite old. It was already
16 existing, and -- when I came on board a few
17 months back. This is a case which had been
18 contracted out to the Attorney General's
19 Office.
20 My recollection is that this was a pro se
21 case for quite some time. And in these pro se
22 cases, we quite often find that at the last
23 moment, for various reasons, cases are delayed
24 or deferred at the request of the applicant. I
25 don't know if that's the case in every situation
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1 here. But in this particular case, I know it
2 happened at least twice.
3 There was a hiatus for about three months
4 with no attorney in the office, so that delayed
5 it some.
6 But the 90 day turnaround is an attempt by
7 our office to be responsive and to get these
8 applications back out to the applicants. And
9 once we find that there's additional information
10 required, the 90-day track is then taken away,
11 and we have to go on the normal flow of things,
12 getting the information back from the
13 applicant. And that was another delay in this
14 case.
15 But aside from all of that, the Lavernia
16 case does not in this instance dictate any kind
17 of licensure or certification. It's not a
18 retroactive problem because that -- Lavernia
19 would be discussing administrative proceedings.
20 A retroactive application generally would be
21 referring to a criminal matter.
22 We can't license these people, we can't
23 certify them because they don't have licenses.
24 The statute's very clear on that.
25 GOVERNOR CHILES: They are not licensed
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1 air conditioner contractors and handlers?
2 MR. SHIELDS: They have a nonminority
3 qualifier. The statute says that at least one
4 of the owners must be a qualified -- must be a
5 minority if they're qualified by license.
6 GOVERNOR CHILES: You're saying the state
7 forbids you from licensing if they do not -- or
8 from granting their thing if they do not have a
9 license.
10 MR. SHIELDS: Yes, sir.
11 ATTORNEY GENERAL BUTTERWORTH: That's the
12 law. The Legislature passed it. Said you have
13 to have the license.
14 And it appears, this case, like the
15 Lavernia one, the application was pending, the
16 law changed. But it's the law that changes is
17 what has to be applied to the case, not when you
18 apply, but when you actually are licensed.
19 As was stated, criminal law is different
20 than civil law. And this is -- I don't think we
21 have any choice but to accept the hearing
22 officer's recommended --
23 GOVERNOR CHILES: So the retroactive thing
24 does not really apply here.
25
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1 ATTORNEY GENERAL BUTTERWORTH: (Shaking
2 head.)
3 SECRETARY MORTHAM: Governor, on this one,
4 we looked at this very carefully as well. And
5 talked with the attorney in this particular
6 case, and I think that Item 5 and 6 are very
7 similar, we debated this issue before.
8 And we agree also that -- that the
9 retroactive status of this does not apply. It's
10 very clear and, in fact, a licensing rule was
11 challenged, and that is kind of a precedent in
12 this case. And they did have to comply with the
13 new law.
14 GOVERNOR CHILES: Have you made a motion?
15 SECRETARY MORTHAM: I'll do it.
16 GOVERNOR CHILES: Is there a second?
17 ATTORNEY GENERAL BUTTERWORTH: Second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, the item is approved.
20 MR. CAO: Item number 6, final agency
21 action on an Administrative hearing in the case
22 of T-B Services Group, Inc., of the denial of
23 application of a certification as a Minority
24 Business Enterprise.
25 COMMISSIONER BROGAN: Move approval.
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1 SECRETARY MORTHAM: Second.
2 GOVERNOR CHILES: There's a motion and a
3 second.
4 Is there discussion?
5 Without objection, the item is approved.
6 MR. CAO: Thank you.
7 (The Commission on Minority Economic and
8 Business Development Agenda was concluded.)
9 *
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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STATE BOARD OF ADMINISTRATION
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31
1 GOVERNOR CHILES: State Board of
2 Administration.
3 MR. MADDEN: Good morning, Governor. I'm
4 Jack Madden, I'll be handling the agenda for
5 Mr. Williams today.
6 The first item is approval of the minutes.
7 TREASURER NELSON: I move it.
10:47 8 COMPTROLLER MILLIGAN: Second.
10:47 9 (Secretary Mortham exited the room.)
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, the minutes are
12 approved.
13 MR. MADDEN: The second item is an interest
14 rate exception for the North Springs Improvement
15 District.
16 TREASURER NELSON: I move it.
10:48 17 COMPTROLLER MILLIGAN: And second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, it's approved.
20 MR. MADDEN: The third item is an interest
21 rate exception for the Westchase East Community
22 Development District.
23 TREASURER NELSON: I move it.
10:48 24 SECRETARY MORTHAM: And second.
25 GOVERNOR CHILES: Moved and seconded.
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1 Without objection, it's approved.
2 MR. MADDEN: That concludes the agenda.
3 (The State Board of Administration Agenda
4 was concluded.)
5 *
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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INFORMATION RESOURCE COMMISSION
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1 GOVERNOR CHILES: Information Resource
2 Commission.
3 MR. DOUGLAS: Good morning, Governor,
4 members of the Cabinet.
5 Item number 1 is the approval of the
6 minutes of the meeting of October 24th, 1995.
7 COMMISSIONER BROGAN: So move.
10:48 8 ATTORNEY GENERAL BUTTERWORTH: Second.
10:48 9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 MR. DOUGLAS: Item number 2 is the approval
12 of the Information Resource Commission's
13 Quarterly Performance Report for July 1st, 1995,
14 to September 30th, 1995.
15 COMMISSIONER BROGAN: Move it.
16 GOVERNOR CHILES: Moved and --
17 ATTORNEY GENERAL BUTTERWORTH: Second.
10:48 18 GOVERNOR CHILES: -- seconded.
19 Without objection, it's approved.
20 MR. DOUGLAS: Thank you, Governor.
21 (The Information Resource Commission Agenda
22 was concluded.)
23 *
24
25
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STATE BOARD OF EDUCATION
November 7, 1995
34
1 GOVERNOR CHILES: State Board of Education.
2 MR. BEDFORD: Good morning,
3 Governor Chiles, members of the State Board of
4 Education.
5 Item number 1, quarterly reports for
6 July 1st, 1995, through September 30th, 1995.
7 COMMISSIONER BROGAN: Move approval.
10:48 8 ATTORNEY GENERAL BUTTERWORTH: Second.
10:48 9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 (Secretary Mortham entered the room.)
12 MR. BEDFORD: Item number 2, the annual
13 report and recommendation dated October 1995,
14 Florida Commission on Education Reform and
15 Accountability.
16 At this time, I'd like to present
17 Senator Lewis to the group for this report.
18 SENATOR LEWIS: Good morning, Governor,
19 members of the Board of Education.
20 I'm here today to recommend to you the 19--
21 Accountability Report for 1995. I'd first like
22 to thank the Board for participating in the
23 September 28th Joint Workshop Meeting of the
24 Commission.
25 I hope the discussion was valuable, and
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1 that the information proves useful to you when
2 you think about the needs of Florida from the
3 prekindergarten through the graduate education.
4 The report summarizes the Commission's
5 efforts and accomplishments over the past year.
6 One of the ongoing efforts of the Commission is
7 soliciting input from a wide variety of people
8 and groups. And I can assure you, we get it,
9 just like you do.
10 The Education Commission of the States
11 found that states that encourage stakeholder
12 input are the states that are succeeding in
13 education reform.
14 The Florida Commission on Education Reform
15 and Accountability has been part of the work for
16 the past four years doing just that. We have
17 conducted 52 meetings, and held 36 public
18 hearings to receive input from educators,
19 parents, business community, and community
20 representatives.
21 The Commission's work for the past
22 four years includes two years guiding and
23 development of the school improvement plans, and
24 two years of effort to design the assessment
25 system for Goal 3, that's the student
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1 performance.
2 Everyone must keep in mind that Florida's
3 schools have implemented only two school
4 improvement plans which conform to the schedule
5 in the legislation.
6 In 1991-92, consisted of holding public
7 hearings, establishing standards, and developing
8 initial -- initial system of reform and
9 accountability.
10 In 1992-93, the transition system was
11 developed at the request of the Board of
12 Education. And it was even used extens-- in
13 getting -- got extensive data. And then last
14 year, as you know, we repealed it because we
15 were in the final stages.
16 In 1993-94, the Commission began
17 development of an assessment design for a system
18 of school improvement and accountability. Two
19 universities and numerous school districts
20 ensured that our district -- that our group did
21 not reinvent the wheel, and they have
22 contributed greatly to the final design.
23 And I may assure you that setting up a new
24 assessment program is no simple item. You are
25 changing the world with this particular item. I
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1 hope the Commissioner agrees with that, that it
2 is no simple item.
3 In'94-'95, the assessment design for the
4 first four standards of school improvement and
5 Goal 3 was completed, and the transition --
6 transition system was eliminated.
7 In '95-'96, the Commission will have
8 completed the assessment design and Goals 1, 2,
9 3, 4, 5, 6, and 7.
10 The assessment design for Goal 3, that's
11 the first four standards of reading, writing,
12 math, and critical thinking, was approved by you
13 on June 27th, 1995.
14 In June '96, the Commission will present to
15 you the design for the other seven goals, which
16 will complete the assessment component and the
17 system of school informed accountability.
18 Now, Commissioner Brogan has been
19 instrumental in developing the accountability
20 piece of the education reform, the
21 identification of critically low schools, and
22 the first step in the process and technical
23 assistance from the Department of Education to
24 help schools improve student performance is
25 essential.
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1 Stop. Editorial comment.
2 The Commissioner did a -- the thing that
3 was -- we all want to talk about, and that's
4 accountability. He brought to the attention
5 in -- the needs in 163 schools. There was no
6 punitiveness to it, he merely called attention
7 to it.
8 To hear some of the media talking, it
9 sounded like he was the inventor, it sounded
10 like he was going out as an ogre. I resent the
11 hell out of it, because he's doing what he's
12 supposed to do, and he did it well. And whether
13 anybody likes that or not, I'm telling you that
14 to your face, and might as well tell it to the
15 world, because I want some of those sitting out
16 here listening.
17 And -- because nobody's paying attention to
18 this thing. This is -- as one person pointed
19 out to me in the Commission -- about the last
20 Commission meeting -- or the one before -- this
21 is the biggest thing in education in America
22 today. It's moving along, and it's a giant ship
23 we're turning around.
24 Commissioner Mortham, when she was with us,
25 she knows how big it is, she knows how difficult
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1 it is. And we don't need anybody flaking off,
2 and particularly -- I don't care what the
3 media -- if the media wants to be critical, be
4 critical, but informed.
5 Now, that's not analogous with them. And
6 I'm telling them again, start paying attention.
7 And it's for the -- we're not interested in
8 the unions; we're not interested in the School
9 Boards Association; we're not interested in
10 anybody but one thing, kids.
11 And if we start flaking off, kids are no
12 different than you guys. You got somebody up
13 here flaking off, you're going to have a
14 problem.
15 Now, with that editorial comment, you're
16 going to have a tough rule coming up. It passed
17 last week unanimously in the Commission. We
18 hope you do the same when it comes up here.
19 There's going to be some static. To hell with
20 them.
21 Now, let me tell you one thing about the
22 School Advisory Council. There's one I'm going
23 to pick out and single out, Marion County.
24 Marion County, about four or five years
25 ago, actually got started with a SAC Commission
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1 in each school. And now that thing's very, very
2 active.
3 I haven't -- I called them to get an update
4 on where it was at, and they actually were
5 meeting the day I called them. This was a
6 couple days ago.
7 They've had the business community directly
8 involved in each one of the schools, like the
9 university out here is involved in each one of
10 the schools in Leon County.
11 The system out there is beginning to work
12 and beginning to catch on. And now all we need
13 now is a solid front.
14 The Commission will approve a legislative
15 program this December --
16 That's the end of the editorial comment, by
17 the way. I'm back to the script.
18 The Commission will approve a legislative
19 program at its December 1st meeting. Improving
20 access to technology for schools and developing
21 guidelines for sanctions will be two of the
22 areas of discussion.
23 Items from last year's legislative program
24 to be reconsidered include the proposed parental
25 involvement goal and the graduation
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1 requirements. The annual report includes a
2 feedback report which is part of the -- I think
3 you already have the book -- and an oversight
4 report on the Department of Education.
5 The districts -- and the group of 346
6 randomly selected schools gave their impression
7 of the implementation process in the survey.
8 Overall, the ratings of the department were very
9 positive.
10 I might say, Florida is the only state in
11 the United States that has a department that is
12 graded by its consumers.
13 The highest ratings were entered by the
14 Department's regional team leader concept, which
15 the number of specialists provide initial point
16 of contact for the schools in their school
17 improvement efforts. One item of the survey, as
18 the Department seemed to be committed to making
19 Blueprint work. The response was positive at
20 all -- at the school district level.
21 Now, if we can get that kind of response in
22 the local schools, we'll be fine.
23 One of the lower ranked items was the
24 understandability of the individual school
25 report. The Commission, and the Commissioner,
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1 has recommended a much shorter report which
2 should help parents better understand the
3 school -- the children -- or children's school
4 and how they're performing. You know, sometimes
5 we get carried away with educationalese. I
6 understand the Commissioner's trying to work it
7 out in English.
8 The most -- the highest rated item on the
9 survey at both school and district level was
10 Blueprint will work if given time to fully
11 implement it. I repeat that. Blueprint will
12 work if we give it -- given time to fully
13 implement it.
14 Now, that doesn't mean we're dragging our
15 feet. That means we're going to keep the heat
16 on with your help.
17 This shows a wide range of support for the
18 intent of Blueprint 2000.
19 The Commission will have all the components
20 of a system of school improvement accountability
21 in place when the document is presented to you
22 next June. And since the statute allows for the
23 development of this system until the year 2000,
24 the delivery of this package will be four years
25 ahead of schedule.
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1 Once again, I ask the approval of the
2 Commission -- of this Board -- Commission report
3 for 1995.
4 And thank you for your time.
5 If there's any questions, I guess somebody
6 knows any more than I do.
7 Any questions.
8 GOVERNOR CHILES: Well, we appreciate that
9 report. Someday we wish you'd just come up here
10 and tell us what you really think.
11 SENATOR LEWIS: I will. Governor, I
12 promised -- this one I couldn't let go by. I'll
13 show you the editorial later that ticked me off.
14 SECRETARY MORTHAM: Governor --
15 GOVERNOR CHILES: Yes.
16 SECRETARY MORTHAM: -- I do have a comment
17 for the Senator.
18 I would suggest, maybe a little cautiously,
19 but suggest that maybe you and Mr. Biance meet
20 with each of the Cabinet members prior to this
21 rule coming before us, and actually going
22 through the various steps.
23 I've obviously done that with staff
24 already. But I think that -- I understand
25 exactly where you're coming for, I've been
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1 there, I've done that, got the t-shirt.
2 But I think the rule has to be realistic.
3 And, you know, I -- I can tell you that having
4 been there, I believe very strongly in what
5 everyone is trying to do. I agree with you
6 totally, that Commissioner Brogan has done an
7 absolutely fantastic job. But now we have to go
8 three years down the line.
9 And I believe that I'm going to need to be
10 sold also on some of the provisions of that new
11 rule. And so if I've got some of those
12 questions, I'm sure that by the time this comes
13 before this entire body, there are going to be
14 some others that do as well.
15 SENATOR LEWIS: I can only make this
16 commitment for myself: I will give all the time
17 I can give, because that's going to be important
18 that we do not show a change in our armor.
19 That's what some of the folks are just waiting
20 for.
21 Any other --
22 Governor, anybody else?
23 Thank you.
24 Mr. --
25 GOVERNOR CHILES: Yes, sir.
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1 Mr. Nelson.
2 TREASURER NELSON: Consistently we've heard
3 about the lack of parental involvement.
4 What are we going to do about that for the
5 future?
6 SENATOR LEWIS: Well, that -- that varies.
7 Depending where you're at. I think around the
8 state, it depends on what county you're in and
9 how much involvement -- for instance, in
10 St. Johns County, we heard -- testimony, people
11 drove all the way to Gainesville one night --
12 late one night to testify that -- how much
13 involved the parents, the community, and
14 everybody else is.
15 I think in Pinellas, you have another group
16 that are very active.
17 I think it's going to take awhile for this
18 to -- first of all, Commission-- Mr. Nelson,
19 just think of yourself as a parent, now, not the
20 Commissioner and Treasurer of the State of
21 Florida, but the average citizen going into a
22 group and sitting down and talking school
23 jingo.
24 TREASURER NELSON: Uh-hum.
25 SENATOR LEWIS: It's different, and it's
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1 difficult, and it's going to take time to
2 learn.
3 But where it is working well, it's working
4 well. And that's all I -- that sounds like a
5 cliche, but I mean it. Now, it's going to take
6 awhile to get more of the parents involved.
7 I think one further thing is -- now, this
8 is off -- totally out of line on this one. But
9 the fact is, we've got to figure out something
10 of getting parents to make sure their kids go to
11 school. And somehow to put that kind of an
12 enforcement. I have my own suggestion on that.
13 But -- because that's a form of child
14 cruelty, it's a form of child abuse not getting
15 that child into school. And we know that
16 there's -- the absenteeism is there, and some
17 parents just don't give a rap about the kids and
18 what they're learning in school.
19 I think that the -- the school SACs are
20 going to be the -- they are the success of this
21 program, or nothing.
22 TREASURER NELSON: Are you satisfied with
23 the parental involvement in the school SACs?
24 SENATOR LEWIS: Yes. Since the law was
25 changed. It needs -- it's going to have to be
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1 sharpened up, and they're going to have to be
2 taught and trained and get better off -- better
3 on it. And it's a moving target.
4 Maybe the Commissioner can comment on --
5 COMMISSIONER BROGAN: I was just going to
6 say, I'll go one step further and say that last
7 year we were not successful in having one part
8 of the law changed, and that was regarding the
9 membership of the School Advisory Council,
10 Commissioner.
11 And I think until we finally give parents
12 the -- the knowledge and the support that they
13 do have serious decision making authority at the
14 local site level, many of them are still going
15 to see some of these activities as I say what I
16 say, but I'm just simply outvoted and outgunned
17 and outmanned as Senator Lewis mentioned, by
18 the -- the educationese and the numbers.
19 And I think we've got to go back this year,
20 we've got to again address that voting
21 membership on the SAC and create a 51 percent
22 voting membership on the part of -- of those who
23 are non-employees of the school.
24 And that may sound as though it's trying to
25 set up an adversarial relationship with the
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1 faculty and staff. It really isn't. It's --
2 just simply put, there are considerably more
3 parents than there are faculty and staff
4 members.
5 And even though the experts in education
6 are the faculty and staff members, when it comes
7 to those overall decisions that have got to be
8 made in that school, I think that -- to set up
9 an arrangement where we're excluding the
10 majority of people from profoundly important
11 decisions is giving us a problem.
12 And I think some of that -- not all of
13 it -- but some of it can be addressed by
14 creating a law that just simply says that
15 51 percent of the voting members of that group
16 should be non-employees of that school.
17 And then in that small way, I think you
18 can -- you can say to the parents and business
19 community, you are important to this process,
20 and we -- we do want to hear what you say, and
21 we do want you to participate in these
22 decisions, in a big way.
23 TREASURER NELSON: Are you going to keep
24 the Commission involved so that you can conduct
25 oversight?
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1 SENATOR LEWIS: Yes, sir. That's part of
2 the long-term law. We -- we're going into this
3 detail and this gut-wrenching part right now.
4 Afterwards, we'll monitor the things going on I
5 assume if we're still in existence.
6 But that's definitely -- it's something
7 like the PEPC Commission, Postsecondary
8 Education Commission, they're monitoring what's
9 going on in the postsecondary area. And I
10 assume that's what this will be done. Yes, sir.
11 Any other questions?
12 GOVERNOR CHILES: Well, I would just say
13 that I -- getting parents involved is terribly
14 important. You reach a point where you can't
15 force them to be involved.
16 If you look at the whole purpose of school
17 accountability, the fact that each school has a
18 school improvement commission or group, the
19 parents are represented there. That's the
20 majority, you know, are parental -- business
21 people, outside people.
22 When you start -- as we're now ready in
23 these schools, and these parents are seeing the
24 failure of their schools, then, you know, that's
25 certainly a long arm to say, it's time to get
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1 involved. The process is there, and needs to be
2 continued to look at to allow them to be
3 involved.
4 And then when you see a Marion County or a
5 Sarasota County, or some of these counties where
6 there is strong parental involvement, outside
7 involvement, business involvement, and those
8 schools start rating high, then I think the
9 lesson is going to be out there.
10 At some stage, it will be the parents'
11 responsibilities to use the avenues that we have
12 set for them. And I don't think we can pass any
13 law that says the parents have to be involved.
14 You know, we -- we set all the mechanisms
15 to allow them to be involved. But it's really
16 being able to compare -- and, you know, I just
17 believe strongly if mama starts looking at why
18 is Pinellas doing so well, why is this thing --
19 well, why is it happening here, and it starts
20 coming back, maybe because she's not involved;
21 or, you know, she starts asking those questions,
22 then she would get involved I think. And that's
23 the process that I think we're going to have
24 work to do on.
25 SENATOR LEWIS: Thank you all.
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1 GOVERNOR CHILES: Thank you.
2 SENATOR LEWIS: Thank you.
3 GOVERNOR CHILES: Again, we want to thank
4 you, and all of the members of the Commission,
5 including staff for continuing to work on this.
6 I think it is -- there's nothing more important
7 that we're doing.
8 SENATOR LEWIS: Thank you very much
9 Governor, and members of the Cabinet.
10 Thank you.
11 MR. BEDFORD: Item 3 deals with an
12 amendment to Community College Rule 6A--
13 GOVERNOR CHILES: Did we adopt Item 2?
14 MR. BEDFORD: Excuse me.
15 COMMISSIONER BROGAN: I don't think --
16 GOVERNOR CHILES: I'm not sure that we had
17 a motion.
18 COMMISSIONER BROGAN: If not, I will move
19 approval.
20 SECRETARY MORTHAM: Second.
21 (Commissioner Crawford exited the room.)
22 GOVERNOR CHILES: It's been moved and
23 seconded.
24 Without objection, it's adopted.
25 MR. BEDFORD: Item 3, an amendment to a
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
November 7, 1995
52
1 Division of Community College rule 6A, dash,
2 14.072.
3 COMMISSIONER BROGAN: Move approval.
4 SECRETARY MORTHAM: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 MR. BEDFORD: Items 4 through 13 deal with
8 State Board of Independent Postsecondary
9 Vocational Technical Trade and Business
10 Schools.
11 We would request that you consider Items 4
12 through 13 as amended as a block.
13 COMMISSIONER BROGAN: I would move
14 approval, Governor, of Items 4 --
15 MR. BEDFORD: Through 13.
16 COMMISSIONER BROGAN: -- through Item 13 as
17 amended.
18 And I believe, too, that we're going to
19 have some amendments from the floor on --
20 MR. BEDFORD: Actually the amendments were
21 included in your pack. The amendments deal with
22 Items 4, 6, and 7. They were sent with the
23 packets.
24 SECRETARY MORTHAM: Second.
25 GOVERNOR CHILES: Moved and seconded.
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1 Without objection, it's approved, Items 4
2 through 13.
3 MR. BEDFORD: Item 14, appointments and
4 reappointments to the State Board of Community
5 Colleges.
6 We have two reappointments:
7 Wendell W. Williams and Richard W. D'Alemberte;
8 one new appointee: Randall W. Hanna, expiration
9 date, September 30th, 2000.
10 SECRETARY MORTHAM: Move approval.
11 GOVERNOR CHILES: Moved and --
12 ATTORNEY GENERAL BUTTERWORTH: Second.
13 GOVERNOR CHILES: -- seconded.
14 Without objection, it's approved.
15 MR. BEDFORD: Item 15, appointments to the
16 Florida Keys Community College District Board of
17 Trustees --
18 (Commissioner Crawford entered the room.)
19 MR. BEDFORD: -- Howard W. Post, May 31st,
20 1998.
21 Appointment to Lake Sumter Community
22 College District Board of Trustees,
23 George E. Hovis, May 31st, 1999.
24 Appointment to Tallahassee Community
25 College District Board of Trustees,
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1 Nancy G. Linnan, May 31st, 1998.
2 COMMISSIONER BROGAN: Move approval,
3 Governor.
4 SECRETARY MORTHAM: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 MR. BEDFORD: Thank you.
8 (The State Board of Education Agenda was
9 concluded.)
10 *
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ADMINISTRATION COMMISSION
November 7, 1995
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1 GOVERNOR CHILES:
2 Administration Commission.
3 DR. BRADLEY: Item number 1, recommend
4 approval of the minutes of the meeting held
5 October 24th, 1995.
6 ATTORNEY GENERAL BUTTERWORTH: So move.
7 SECRETARY MORTHAM: Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, it's approved.
10 DR. BRADLEY: Item number 2, recommend the
11 transfer of general revenue appropriations in
12 the Department of Health and Rehabilitative
13 Services.
14 SECRETARY MORTHAM: Move approval.
15 COMMISSIONER BROGAN: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, it's approved.
18 DR. BRADLEY: Item number 3, recommend the
19 establishment of ten positions in excess of the
20 number fixed by the Legislature in the
21 Department of Highway Safety and Motor Vehicles.
22 SECRETARY MORTHAM: Move approval.
23 GOVERNOR CHILES: Moved and seconded --
24 COMMISSIONER BROGAN: Second.
25 GOVERNOR CHILES: Second?
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1 COMMISSIONER BROGAN: Yes, sir.
2 GOVERNOR CHILES: -- seconded.
3 Without objection, it's approved.
4 (The Administration Commission Agenda was
5 concluded.)
6 *
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BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
November 7, 1995
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1 GOVERNOR CHILES: Board of Trustees.
2 MR. GREEN: Minutes.
3 ATTORNEY GENERAL BUTTERWORTH: Motion.
4 COMMISSIONER CRAWFORD: Second.
5 GOVERNOR CHILES: Moved and seconded on the
6 minutes.
7 Without objection, they're approved.
8 MR. GREEN: Item 2 is an option agreement
9 to purchase 58 acres.
10 SECRETARY MORTHAM: Move approval.
11 ATTORNEY GENERAL BUTTERWORTH: Second.
12 GOVERNOR CHILES: Moved and seconded.
13 Without objection, it's approved.
14 MR. GREEN: Item 3 is a purchase agreement
15 to acquire 493 acres.
16 SECRETARY MORTHAM: Move approval.
17 ATTORNEY GENERAL BUTTERWORTH: Second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, it's approved.
20 MR. GREEN: Item 4, consideration of an
21 offer to purchase a parcel of RICO property and
22 acceptance of the highest and best offer.
23 SECRETARY MORTHAM: Move approval.
24 ATTORNEY GENERAL BUTTERWORTH: Second.
25 GOVERNOR CHILES: Moved and seconded.
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1 Without objection, it's approved.
2 MR. GREEN: Item 5, consideration of an
3 offer to purchase RICO property and acceptance
4 of highest and best offer.
5 SECRETARY MORTHAM: So move.
6 ATTORNEY GENERAL BUTTERWORTH: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, it's approved.
9 MR. GREEN: Item 6, consideration of a
10 proposed final order in the matter of
11 Big Blue Springs Property versus Trustees.
12 SECRETARY MORTHAM: So move.
13 ATTORNEY GENERAL BUTTERWORTH: Second.
14 GOVERNOR CHILES: Moved and seconded.
15 Without objection, it's approved.
16 MR. GREEN: That's it.
17 (The Board of Trustees of the Internal
18 Improvement Trust Fund Agenda was concluded.)
19 *
20 (The Cabinet meeting was concluded at
21 10:41 a.m.)
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November 7, 1995
59
1 CERTIFICATE OF REPORTER
2
3
4 STATE OF FLORIDA:
5 COUNTY OF LEON:
6 I, LAURIE L. GILBERT, do hereby certify that
7 the foregoing proceedings were taken before me at the
8 time and place therein designated; that my shorthand
9 notes were thereafter translated; and the foregoing
10 pages numbered 1 through 59 are a true and correct
11 record of the aforesaid proceedings.
12 I FURTHER CERTIFY that I am not a relative,
13 employee, attorney or counsel of any of the parties,
14 nor relative or employee of such attorney or counsel,
15 or financially interested in the foregoing action.
16 DATED THIS 17TH day of NOVEMBER, 1995.
17
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19 LAURIE L. GILBERT, RPR, CCR
100 Salem Court
20 Tallahassee, Florida 32301
(904) 878-2221
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ACCURATE STENOTYPE REPORTERS, INC.
