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
DIVISION OF BOND FINANCE
6 DEPARTMENT OF REVENUE
STATE BOARD OF EDUCATION
7 ADMINISTRATION COMMISSION
TRUSTEES OF THE INTERNAL
8 IMPROVEMENT TRUST FUND
9
The above agencies came to be heard before
10 THE FLORIDA CABINET, Honorable Secretary Mortham
presiding, in the Cabinet Meeting Room, LL-03,
11 The Capitol, Tallahassee, Florida, on Wednesday,
May 29, 1996, commencing at approximately 9:38 a.m.
12
13
14
15
16 Reported by:
17 LAURIE L. GILBERT
Registered Professional Reporter
18 Certified Court Reporter
Notary Public in and for
19 the State of Florida at Large
20
21
22 ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
23 TALLAHASSEE, FLORIDA 32301
904/878-2221
24 1-800/934-9090
25
2
1 APPEARANCES:
2 Representing the Florida Cabinet:
3 BOB CRAWFORD
Commissioner of Agriculture
4
SANDRA B. MORTHAM
5 Secretary of State
6 BOB BUTTERWORTH
Attorney General
7
BILL NELSON
8 Treasurer
9 FRANK T. BROGAN
Commissioner of Education
10
*
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
May 29, 1996
3
1 I N D E X
2 ITEM ACTION PAGE
3 DIVISION OF BOND FINANCE:
(Presented by J. Ben Watkins, III,
4 Director)
5 1 Approved 5
2 Approved 5
6 3 Approved 5
4 Approved 7
7
DEPARTMENT OF REVENUE:
8 (Presented by L.H. Fuchs,
Executive Director)
9
1 Approved 8
10 2 Approved 8
3 Approved 9
11 4 Approved 9
12 STATE BOARD OF EDUCATION:
(Presented by Robert L. Bedford, Ph.D.,
13 Deputy Commissioner)
14 1 Approved 10
2 Approved 17
15 3 Approved 25
4 Approved 27
16 5 Approved 27
6 Approved 27
17 7 Deferred 27
8 Approved 28
18
ADMINISTRATION COMMISSION:
19 (Presented by Gale Sittig,
Deputy Director)
20
1-4 Deferred 29
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
May 29, 1996
4
1 I N D E X
(Continued)
2
ITEM ACTION PAGE
3
BOARD OF TRUSTEES,
4 INTERNAL IMPROVEMENT
TRUST FUND:
5 (Presented by Virginia B. Wetherell,
Secretary)
6
1 Approved 30
7 2 Approved 30
Substitute 3 Approved 30
8 4 Approved 31
5 Approved 31
9 6 Approved 31
Substitute 7 Approved 31
10 8 Approved 32
9 Approved 32
11 Substitute 10 Approved 32
Substitute 11 Withdrawn 33
12 12 Approved 33
13 Approved 42
13 14 Approved 43
14
CERTIFICATE OF REPORTER 45
15
*
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
May 29, 1996
5
1 P R O C E E D I N G S
2 (The agenda items commenced at 10:21 a.m.)
3 SECRETARY MORTHAM: Okay. We're ready to
4 get into the agenda.
5 Division of Bond Finance.
6 ATTORNEY GENERAL BUTTERWORTH: Move the
7 minutes.
8 MR. WATKINS: Item number 1 is approval of
9 the minutes of the May 14th meeting.
10 COMMISSIONER BROGAN: Move approval.
11 ATTORNEY GENERAL BUTTERWORTH: Second.
12 SECRETARY MORTHAM: Moved and seconded.
13 Without objection, it's approved.
14 MR. WATKINS: Item number 2 is a resolution
15 authorizing the issuance of not exceeding six
16 million one hundred eighty-five thousand
17 University of Central Florida bookstore revenue
18 bonds.
19 COMMISSIONER BROGAN: Move approval.
20 ATTORNEY GENERAL BUTTERWORTH: Second.
21 SECRETARY MORTHAM: Moved and seconded.
22 Without objection, it's approved.
23 MR. WATKINS: Item number 3 is a resolution
24 authorizing the issuance of not exceeding
25 nineteen million four hundred fifty-five
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
May 29, 1996
6
1 thousand University of Central Florida student
2 housing revenue bonds.
3 COMMISSIONER BROGAN: Move it.
4 ATTORNEY GENERAL BUTTERWORTH: Second.
5 SECRETARY MORTHAM: Moved and seconded.
6 Without objection, it's approved.
7 MR. WATKINS: Item number 4 are resolutions
8 authorizing the negotiated sale on behalf of and
9 at the request of the Florida Housing Finance
10 Agency for items -- for transactions indicated
11 in (A) through (C).
12 COMMISSIONER BROGAN: I would move approval
13 of items number 4 (A) through (C),
14 Madam Secretary, and also say that I was very
15 pleased with all the additional information that
16 we received on -- on this negotiated sale.
17 I think it helped me understand a little more
18 clearly the difference between the competitive
19 and the negotiated as far as these housing
20 issues are concerned. I appreciate that.
21 MR. WATKINS: Sure.
22 There'll also be a report on the next
23 agenda item on a workshop that the Florida
24 Housing Finance Agency undertook on negotiated
25 versus competitive. And you'll be receiving
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
May 29, 1996
7
1 that in the next agenda package.
2 SECRETARY MORTHAM: Is there a second?
3 ATTORNEY GENERAL BUTTERWORTH: Second.
4 SECRETARY MORTHAM: Moved and seconded.
5 Without objection, it's approved.
6 Thank you very much.
7 (The Division of Bond Finance Agenda was
8 concluded.)
9 *
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
May 29, 1996
8
1 SECRETARY MORTHAM: Department of Revenue.
2 And while Mr. Fuchs is coming forward,
3 let's be reminded that our next meeting will be
4 on June 13th, 1996.
5 MR. FUCHS: Good morning.
6 Item 1 is a request for approval of minutes
7 of the February 27th meeting.
8 COMMISSIONER BROGAN: Move approval.
9 ATTORNEY GENERAL BUTTERWORTH: Second.
10 SECRETARY MORTHAM: Moved and seconded.
11 Without objection, approved.
12 MR. FUCHS: Item 2, request for authority
13 to file with Secretary of State amendments to
14 Rule, Chapter 12, dash, 2, regarding the
15 organization of the Department of Revenue.
16 COMMISSIONER BROGAN: Move approval.
17 COMMISSIONER CRAWFORD: Second.
18 SECRETARY MORTHAM: Moved and seconded.
19 Without objection, approved.
20 MR. FUCHS: Item 3, request for authority
21 to file with Secretary of State proposed
22 amendments to Rule, Chapter 12B, dash, 5,
23 regarding administrative -- the Administrative
24 Code for the Motor Fuels Tax.
25 COMMISSIONER BROGAN: Move approval.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
May 29, 1996
9
1 ATTORNEY GENERAL BUTTERWORTH: Second.
2 SECRETARY MORTHAM: Moved and seconded.
3 Without objection, approved.
4 MR. FUCHS: And item 4 was an item which
5 was deferred from the February 27th meeting,
6 request for authority to file proposed
7 amendments to Rule Chapter 12B, dash, 11, on the
8 tax on gross receipts on dry cleaning.
9 COMMISSIONER BROGAN: Move approval.
10 ATTORNEY GENERAL BUTTERWORTH: Motion.
11 Second.
12 SECRETARY MORTHAM: Moved and seconded.
13 Without objection, approved.
14 MR. FUCHS: Thank you.
15 SECRETARY MORTHAM: Thank you.
16 (The Department of Revenue Agenda was
17 concluded.)
18 *
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
10
1 SECRETARY MORTHAM: State Board of
2 Education.
3 Commissioner Brogan.
4 DR. BEDFORD: Commissioner Brogan, members
5 of the State Board of Education, good morning.
6 Item 1, minutes of the meeting held
7 April 9th, 1996.
8 SECRETARY MORTHAM: Move for approval.
9 ATTORNEY GENERAL BUTTERWORTH: You chair
10 this.
11 COMMISSIONER BROGAN: Got a motion?
12 SECRETARY MORTHAM: That's a motion.
13 ATTORNEY GENERAL BUTTERWORTH: Second.
14 COMMISSIONER BROGAN: Got a motion and a
15 second.
16 Without objection.
17 DR. BEDFORD: Item 2, Rule 6A, dash,
18 1.09401, new Student Performance Standards. We
19 present to you today for your approval the new
20 Student Performance Standards in seven areas:
21 Mathematics, language arts, science, social
22 studies, foreign languages, the arts, and
23 health/physical education.
24 COMMISSIONER BROGAN: Madam Secretary, this
25 is -- I'm going to hand the meeting back to
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
11
1 you. I know I chair this part, but because I'm
2 going to do a brief presentation, I'm going to
3 hand it over to you.
4 If you recall, not too long ago we unveiled
5 the entire concept of Statewide Standards, the
6 new assessment instrument, et cetera, the staff
7 development components that were involved, and a
8 host of other activities leading us to, I think,
9 greater heights in public education in the state
10 of Florida.
11 Today, as billed, we are bringing to you
12 the draft copies of the final version of the
13 Florida Sunshine State Standards,
14 prekindergarten through 12th grade.
15 As you saw with the original conceptual
16 draft of reading, language arts, and math, we
17 have tried to make them not only rigorous, but
18 also -- which is a little unusual for
19 education -- as clear and as concise a read as
20 we can possibly make them. The idea being that
21 we not only want our educational community to
22 understand what a child should know and be able
23 to do in this state as they move through the
24 system, but we want to ultimately make these
25 available to all of our parents and to our
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
12
1 business partners so that they also can see what
2 children in the state of Florida should know and
3 be expected to do.
4 We have packaged them in draft form for you
5 today, just to give you an idea of the kinds of
6 things that we would like to do in the future.
7 And in your packet, you have some drafts as
8 we've put them together, prekindergarten through
9 second with all seven disciplines contained
10 therein, three -- grades 3 through 5, 6 through
11 8, and 9 through 12.
12 And believe that however we ultimately
13 package them for distribution and education,
14 they're going to be easy to understand, easily
15 identified, and something that we will
16 ultimately see integrated into our entire
17 curriculum around the state of Florida.
18 You also have contained within your packet
19 the continuing unfolding and evolution of the
20 staff development piece, which is also so
21 important to all of this, that will begin
22 immediately upon the approval of these standards
23 so that we can begin working as early as this
24 summer with schools and staff members, and
25 ultimately parent groups around the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
13
1 state of Florida so they will not only know and
2 understand what the standards represent, but
3 also how the new assessment instrument will
4 work, how we would like to see the State do more
5 than just benchmark assessment, how we very much
6 want to help them in doing a better job of
7 assessment year-to-year as the new assessment
8 will benchmark once in elementary, once in
9 middle, and once in high. That's a critical
10 element that we will continue, but begin
11 immediately on the communication piece.
12 You also have been told, I think, and are
13 aware that we're developing some new technology
14 staff development opportunities surrounding
15 programs like Florida Writes, the teaching of
16 mathematics, the teaching of reading and
17 comprehension, so that ultimately the people in
18 the field who are going to have to turn all of
19 this into a reality will have a better
20 understanding, awareness of how to recreate
21 their own curriculum, how to develop new
22 instructional materials, and how to devise new
23 teaching strategies in order to help youngsters
24 achieve these high challenging, and rigorous
25 standards.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
14
1 We join only a handful of states in the
2 country today who have such statewide
3 standards. And if you recall, the Governor and
4 I came back from the National Governors Summit
5 on Education, and this was the consensus of that
6 particular group, is that all states should
7 spend the next two years -- if they've not begun
8 the process already -- developing their
9 standards, developing an assessment instrument
10 to benchmark how schools and districts and
11 children are faring against those standards.
12 And the good news is that we now join only
13 a handful of other states who are already this
14 far along.
15 If you combine this with our school
16 improvement activities, if you combine this
17 with -- with our identification of schools that
18 are in greatest need of change, those identified
19 as critically low performing, and recognizing
20 that we are virtually to the day when there will
21 be a significant accountability system in the
22 state of Florida, all centered and focused on
23 students and student achievement increases,
24 I think it's safe to say that in a very short
25 period of time, once fully implemented, Florida
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
15
1 will, indeed, be on the cutting edge of
2 educational reform; and more importantly,
3 I think educational accountability, to make
4 certain that our students are achieving where we
5 need them to achieve.
6 We talked a great deal about remediation in
7 the state of Florida, and I'm convinced that one
8 of our problems with remediation is the fact
9 that we've never identified what a youngster
10 should know and be able to do in this state as
11 they attempt to move on to the next step in
12 their educational process, whether that's
13 advanced vocational training; whether it's
14 community college or university; or whether
15 they're going to move directly into the world of
16 work.
17 And I think this will give us a new focus
18 on where we expect our students to be as we
19 revise our system of education to make certain
20 that they can attain these high challenging
21 standards.
22 We will communicate this in a variety of
23 ways. But as soon as they are approved,
24 assuming they are today, we already have them
25 plugged into the Internet and would, upon your
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
16
1 approval then, make them available even through
2 the Internet immediately to people all over the
3 state of Florida so that they can
4 instantaneously start to access them, and start
5 to work over the summer, and knowing what they
6 are, even prior to us getting out there into the
7 field with them.
8 So we are very pleased and proud. We want
9 to thank all of the people who've been involved
10 in this process. And that's been an incredible
11 number of teachers, administrators, Board
12 members, superintendents, business partners,
13 parents, and others who've spent an incredible
14 number of hours in helping to generate these
15 kinds of standards.
16 It's interesting that as some states have
17 gone to war over the creation of their
18 standards, these standards have moved through
19 the process I think very, very well, always
20 recognizing that not everyone will agree with
21 every standard that is contained within this, or
22 any other document.
23 But I think Florida can be proud of the
24 fact that we've gotten there together. And by
25 virtue of that fact, I think have created not
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
17
1 only a wonderful piece as far as these standards
2 are concerned, but also something everyone can
3 ultimately embrace.
4 So, Madam Secretary, we are pleased to be
5 at this point in time. We know we have a great
6 deal left to do. But I think this gets us yet
7 one step closer to the day when we will have an
8 ultimate accountability system, and also refocus
9 our energies on teaching and learning, which is
10 the bottom line.
11 SECRETARY MORTHAM: Okay. Is there a
12 motion for approval?
13 ATTORNEY GENERAL BUTTERWORTH: Motion.
14 COMMISSIONER CRAWFORD: Second.
15 TREASURER NELSON: Second.
16 SECRETARY MORTHAM: Okay. It's been moved
17 and seconded.
18 Without objection, it's approved.
19 DR. BEDFORD: Thank you.
20 Item 3 is an amendment to Rule 6A, dash,
21 10.0315, College Preparatory Testing, Placement,
22 and Instruction.
23 COMMISSIONER BROGAN: This is, members of
24 the State Board, an amendment that changes with
25 law, and also is a recommendation of the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
18
1 Articulating Coordinating Council, as well as
2 the -- as well as PEPC.
3 And what this, in essence, does is create a
4 consistency when it comes to college placement
5 testing. You know as a result of the law, we'll
6 now be dropping a version of the college
7 placement test on a voluntary basis down as
8 early as tenth grade, so students can start to
9 take it on a voluntary basis.
10 But we also through this will be creating a
11 consistent college placement test at all
12 postsecondary institutions, community colleges
13 and state universities in the state, and
14 identifying through the efforts of those
15 councils and through the PEPC Commission that I
16 alluded to, a common cut score, something we've
17 never had before, at least not been utilizing
18 before.
19 We've had a number of different cut scores
20 around the state. We've had a number of
21 different test forms. And this will give again
22 a clear and concise statement to all in our K
23 through 12 system, as well as the postsecondary
24 level, that we are measuring student achievement
25 for postsecondary entrance purposes at a
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
19
1 consistently applied standard, and a
2 consistently applied measure.
3 You have seen, there is an increase, based
4 on the recommendation, of the cut scores in
5 reading, writing, and mathematics that we've
6 used in the past, all again in an attempt to not
7 only clarify, but to -- to challenge those who
8 are seeking a postsecondary educational
9 experience.
10 And the group continues to feel strongly
11 that this is most doable. And again, as we
12 apply it to the standards and the expectations
13 that we're now seeing K through 12 with some of
14 the other things that we've just talked about,
15 can make certain that there's a day and time in
16 the near future when a high school diploma not
17 only means something, guaranteed; but also that
18 anyone who wishes to access a postsecondary
19 education should have the kinds of skills
20 necessary to allow them to compete.
21 It still provides for remedial activity so
22 that if a student needs remedial work in
23 reading, writing, or mathematics, they're still
24 able to get that at the postsecondary level if
25 they are not successful on passing the college
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
20
1 placement test.
2 As a matter of fact, it still allows for as
3 many as three remedial courses in each of those
4 areas, reading, writing, and/or mathematics,
5 before any final decisions have to be made in
6 terms of a postsecondary experience.
7 Recognizing, of course, that the average
8 age of a community college student in the state
9 of Florida, I believe, is about twenty-eight
10 years of age.
11 So it's not only going to affect those who
12 are coming directly out of 12th grade, it will
13 also affect those who are returning for a
14 postsecondary experience, or another
15 postsecondary experience later on in their life.
16 And with that, I'd be glad to try to
17 entertain any questions, Madam Secretary.
18 TREASURER NELSON: Frank, with the new
19 score, how many increases in students needing
20 remediation do you think's going to occur, and
21 how much is that going to cost?
22 COMMISSIONER BROGAN: It's hard to gauge,
23 Commissioner, by virtue of the fact that you --
24 you just don't know how many students are going
25 to be able to fare at the new level.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
21
1 We do recognize though that there may
2 need -- at least in the early administrations of
3 this test -- to be some additional remediation.
4 But, again, that remediation is still available,
5 will continue to be available, and someone again
6 can take as many as three remedial courses in
7 each of those areas before any final decision is
8 made.
9 But to try -- we've tried. We've -- we
10 talked about trying to quantify and qualify
11 through PEPC and some of the other groups, and
12 it's -- it's very difficult to put a
13 quantifiable number on that.
14 SECRETARY MORTHAM: Commissioner Brogan,
15 I'd like to offer an amendment to the rule.
16 I'll pass one down to each of you. It's a
17 pretty simple amendment.
18 But in section 5 of the rule where it
19 says: Community colleges and universities shall
20 have the option of delaying implementation of
21 the provisions of subsection (3) of this rule
22 upon notification by the president of the
23 institution to the Commissioner.
24 No institution shall be permitted to exempt
25 the provisions of subsection (3) of this rule
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
22
1 for more than two academic years; and no
2 exemptions may be in effect past June 30th,
3 1998.
4 I would offer the amendment that the two
5 should be stricken, and replaced with one
6 academic year; and the exemptions may be
7 in effect not past June 30th, 1997.
8 The rationale is pretty straightforward.
9 If, in fact, changing these cut scores for
10 reading from 23 out of 35, to the proposed 25
11 out of 35; and for writing, 23 out of 35, to 24
12 out of 35; and algebra, 18 out of 35, to 22 out
13 of 35. If, in fact, that is what we need to do,
14 we need to do it sooner rather than later.
15 I see no reason whatsoever that two years
16 is going to be utopia for anybody. So it would
17 seem to me that this -- if this is correct, then
18 we need to implement it sooner, and so I would
19 move that amendment.
20 COMMISSIONER BROGAN: Secretary, although I
21 don't get to second because I'm chairing this
22 portion, I would tell you that I agree with
23 you.
24 I -- I've been uncomfortable with the
25 two-year phase-in, and think a one-year phase-in
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
23
1 would be very appropriate, and I think could be
2 handled very well, not only by the postsecondary
3 institutions, which would allow them that
4 opportunity to phase toward the new cut scores
5 within that year. But I think it will also,
6 in essence, be better for the students in the
7 long run.
8 So I can't second it, but I will tell you
9 that I agree with you. Don't have a problem
10 with the amendment as you've offered it.
11 So with that, we have a motion on the
12 floor, and I'd look for a second.
13 TREASURER NELSON: Second.
14 COMMISSIONER BROGAN: Got a second.
15 A motion and a second.
16 SECRETARY MORTHAM: Okay.
17 Commissioner Brogan, I'd have a question.
18 I've received a letter from Santa Fe
19 Community College basically saying that they
20 very much support the rule.
21 Is it not correct that there are a number
22 of community colleges that have already raised
23 their cut score?
24 COMMISSIONER BROGAN: Yes, that's correct,
25 Secretary, a number have. And I must tell you
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
24
1 that the new cut scores -- this went
2 considerably smoother than most people thought
3 it would.
4 When we asked PEPC and the Articulation
5 Coordinating Council to sit down and come up
6 with a recommendation, which had the buy-off of
7 28 communities colleges, and 10 state
8 universities, and others, we thought that it
9 might be considerably more difficult than it
10 was.
11 But, indeed, what we found was that a
12 number of those institutions had already on
13 their own raised the cut score; and that the
14 ones who had not, came to terms and reached
15 consensus on the cut scores that are before you
16 today.
17 So you're right on both counts. And
18 I think what you have is a recommendation that
19 the postsecondary institutions embrace. It's
20 also -- we've worked with school superintendents
21 and others at the K through 12 level to make
22 certain that they are aware of this.
23 We just did send out the letter that I
24 talked to you about at one of the previous
25 meetings to all the 8th graders in the state of
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
25
1 Florida that was signed by Chancellor Reed and
2 myself, and Clark Maxwell, talking about
3 rigorous and challenging course work at the
4 high school level.
5 We're going to also be doing a great deal
6 of communication with the K through 12 world on
7 all of this, to make certain as they work on the
8 new State Standards, they also understand what
9 that expectation is at the postsecondary world
10 in terms of making certain that students are
11 prepared.
12 And also urging any youngster who has any
13 aspiration of a postsecondary career to consider
14 taking that college placement test as early as
15 10th grade, 11th grade, to get the opportunity
16 to see what sorts of skills are going to be
17 required when they finally do go to the -- to
18 the postsecondary world.
19 Any other questions?
20 All right. We have a motion and a second
21 on this item.
22 Any further discussion?
23 Hearing none, without objection, item
24 passes.
25 DR. BEDFORD: As amended.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
26
1 COMMISSIONER BROGAN: As amended.
2 DR. BEDFORD: Thank you.
3 Item 4 is an amendment to Rule 6A, dash,
4 10.0341, Vocational Education, Student Follow-Up
5 Requirements.
6 COMMISSIONER BROGAN: I would move the
7 item.
8 ATTORNEY GENERAL BUTTERWORTH: Motion.
9 COMMISSIONER BROGAN: Got a motion.
10 Second?
11 COMMISSIONER CRAWFORD: Second.
12 COMMISSIONER BROGAN: Got a motion and a
13 second.
14 Without objection --
15 ATTORNEY GENERAL BUTTERWORTH: Did you want
16 to discuss this, Frank, for a while; or do you
17 want to --
18 COMMISSIONER BROGAN: Not I, sir.
19 Give him another cookie.
20 DR. BEDFORD: I think those are supposed to
21 go with me when I leave, sir.
22 COMMISSIONER BROGAN: Yeah. We'll see to
23 that.
24 DR. BEDFORD: Item 5, Division of Community
25 Colleges amendment, Rule 6A, dash, 14.0734,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
27
1 Bidding Requirements.
2 ATTORNEY GENERAL BUTTERWORTH: Motion.
3 SECRETARY MORTHAM: Second.
4 COMMISSIONER BROGAN: Got a motion and a
5 second.
6 Discussion?
7 Without objection, item passes.
8 DR. BEDFORD: Item 6, amendment,
9 Rule 6A-14.0765, Investment of Funds.
10 SECRETARY MORTHAM: Move approval.
11 COMMISSIONER CRAWFORD: Second.
12 COMMISSIONER BROGAN: Motion and a second.
13 Discussion?
14 Without objection, item passes.
15 DR. BEDFORD: Item 7,
16 State University System, Florida
17 Board of Regents, eminent domain. We will
18 request deferment, please.
19 SECRETARY MORTHAM: Move deferral.
20 ATTORNEY GENERAL BUTTERWORTH: Second.
21 COMMISSIONER BROGAN: Motion and a second.
22 Without objection, item deferred.
23 DR. BEDFORD: Item 8, appointment to
24 Tallahassee Community College District Board of
25 Trustees of Fountain H. May, Jr., through
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
May 29, 1996
28
1 May 31st, 1997.
2 SECRETARY MORTHAM: Move approval.
3 ATTORNEY GENERAL BUTTERWORTH: Second.
4 COMMISSIONER BROGAN: Motion and a second.
5 Discussion?
6 Without objection, item passes.
7 DR. BEDFORD: Thank you.
8 COMMISSIONER BROGAN: Thank you,
9 Mr. Bedford.
10 SECRETARY MORTHAM: Thank you,
11 Commissioner.
12 (The State Board of Education Agenda was
13 concluded.)
14 *
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION
May 29, 1996
29
1 SECRETARY MORTHAM:
2 Administration Commission.
3 MS. SITTIG: Because the Governor is
4 required to vote in the affirmative on these
5 agenda items, we are asking that they be
6 deferred until the June 13th meeting.
7 COMMISSIONER BROGAN: Need a motion.
8 ATTORNEY GENERAL BUTTERWORTH: Second.
9 SECRETARY MORTHAM: Moved and seconded.
10 Without objection, it's deferred.
11 MS. SITTIG: Thank you.
12 (The Administration Commission Agenda was
13 concluded.)
14 *
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
30
1 SECRETARY MORTHAM: Trustees.
2 MS. WETHERELL: Item 1, minutes.
3 COMMISSIONER BROGAN: Move approval.
4 SECRETARY MORTHAM: Is there a second?
5 ATTORNEY GENERAL BUTTERWORTH: Second.
6 SECRETARY MORTHAM: Moved and seconded.
7 Without objection, it's approved.
8 MS. WETHERELL: Item 2, quarterly
9 management report.
10 COMMISSIONER BROGAN: Move approval.
11 COMMISSIONER CRAWFORD: Second.
12 SECRETARY MORTHAM: Moved and seconded.
13 Without objection.
14 MS. WETHERELL: Substitute item 3 is a
15 purchase agreement for the
16 University of Florida.
17 COMMISSIONER BROGAN: Move approval.
18 COMMISSIONER CRAWFORD: Second.
19 SECRETARY MORTHAM: Moved and seconded.
20 Without objection, approved.
21 MS. WETHERELL: Item 4 is an option
22 agreement for the Archie Carr CARL project.
23 COMMISSIONER BROGAN: Move approval.
24 COMMISSIONER CRAWFORD: Second.
25 SECRETARY MORTHAM: Moved and seconded.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
31
1 Without objection, approved.
2 MS. WETHERELL: Item 5 is an option
3 agreement for the Wekiva-Ocala Greenways
4 project.
5 COMMISSIONER BROGAN: Move approval.
6 COMMISSIONER CRAWFORD: Second.
7 SECRETARY MORTHAM: Moved and seconded.
8 Without objection, approved.
9 MS. WETHERELL: Item 6 is an option
10 agreement for Tate's Hell CARL project.
11 COMMISSIONER BROGAN: Move approval.
12 COMMISSIONER CRAWFORD: Second.
13 SECRETARY MORTHAM: Moved and seconded.
14 Without objection, approved.
15 MS. WETHERELL: Substitute Item 7 is an
16 option agreement for Tate's Hell CARL project.
17 COMMISSIONER BROGAN: Move approval.
18 COMMISSIONER CRAWFORD: Second.
19 SECRETARY MORTHAM: Moved and seconded.
20 Without objection, approved.
21 MS. WETHERELL: Item 8 are two option
22 agreements for Tate's Hell CARL project.
23 COMMISSIONER BROGAN: Move approval.
24 COMMISSIONER CRAWFORD: Second.
25 SECRETARY MORTHAM: Moved and seconded.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
32
1 Without objection, approved.
2 MS. WETHERELL: Item 9 is an option
3 agreement for Florida First Magnitude Springs
4 CARL project.
5 COMMISSIONER BROGAN: Move it.
6 COMMISSIONER CRAWFORD: Second.
7 SECRETARY MORTHAM: Moved and seconded.
8 Without objection, approved.
9 MS. WETHERELL: Substitute Item 10 is an
10 acquisition agreement for Kissimmee Prairie CARL
11 project.
12 COMMISSIONER CRAWFORD: Motion.
13 COMMISSIONER BROGAN: Second.
14 SECRETARY MORTHAM: Moved and seconded.
15 Without objection, approved.
16 MS. WETHERELL: And I was asked to clarify
17 that this is, indeed, just for the prairie
18 project, not for the river parcel.
19 Okay. Substitute Item 11, we're
20 recommending withdrawal.
21 COMMISSIONER BROGAN: Need a motion on
22 that?
23 SECRETARY MORTHAM: (Nodding head.)
24 COMMISSIONER BROGAN: So move.
25 COMMISSIONER CRAWFORD: Second.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
33
1 SECRETARY MORTHAM: Moved and seconded.
2 Without objection, approved withdrawn.
3 MS. WETHERELL: Item 12 is a surplus land
4 sale and a waiver of competitive bidding.
5 COMMISSIONER BROGAN: Move approval.
6 COMMISSIONER CRAWFORD: Second.
7 SECRETARY MORTHAM: Moved and seconded.
8 Without objection, approved.
9 MS. WETHERELL: Item 13 is conceptual
10 approval of a modification or release of a
11 dedication. And we have one speaker,
12 Madam Chairman.
13 SECRETARY MORTHAM: Okay. Do we have a
14 motion before the speaker?
15 COMMISSIONER BROGAN: So move.
16 COMMISSIONER CRAWFORD: Second.
17 SECRETARY MORTHAM: Okay. We're ready for
18 the speaker, Secretary.
19 MS. WETHERELL: Thank you.
20 Councilwoman Elizabeth Wade. And she is
21 here, along with a number of people from that
22 area.
23 MS. WADE: Good morning, distinguished
24 Cabinet members. I am Elizabeth Wade,
25 Chair Pro Tem, Council for the Riviera Beach.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
34
1 I would like to introduce my --
2 (Commissioner Crawford exited the room.)
3 MS. WADE: -- staff with me.
4 We have the CRA Director,
5 Michelle Andrewin; we have the head of our CDEC
6 department, Davender Kant; and we have some of
7 the aquarium people, which I --
8 Where are they?
9 Duane, Chuck, Bob O'Connor.
10 We would just like to impress upon the
11 Cabinet the importance of the venture that we
12 are trying to do in the City of Riviera Beach.
13 We worked for several years to become part
14 of the enterprise zone, which we were successful
15 in doing. We have created and been maintaining
16 and working with a CRA, which we created
17 approximately ten years ago.
18 The City of Riviera Beach is a very diverse
19 community. We are economically depressed at the
20 time. Property values are lower than they
21 should be.
22 We are the rough jewel of the -- of the
23 Gold Coast. And we're trying to make a
24 difference in the City of Riviera Beach.
25 We feel that the aquarium, a world-class
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
35
1 facility, which is being proposed here, will
2 help the City jump-start its economic
3 development. It will help us revitalize our
4 downtown area, which will ultimately include our
5 entire area.
6 We are experiencing some growth in our
7 western boundaries, as you know, with the
8 Veterans' hospital. And we need this to go
9 forward and make the things happen in the City
10 of Riviera Beach that we want to see.
11 SECRETARY MORTHAM: Yes.
12 General Butterworth.
13 ATTORNEY GENERAL BUTTERWORTH: Thank you.
14 We're just here for conceptual approval
15 today. And I had the opportunity to visit the
16 site, as you know, and speak to you there, and
17 other people that were interested in it.
18 I have severe reservations. And when this
19 does come back before us for -- for approval, I
20 hope to get a number of questions answered.
21 And they're the same questions basically
22 that were brought up by the Palm Beach Post --
23 (Commissioner Crawford entered the room.)
24 ATTORNEY GENERAL BUTTERWORTH: -- and --
25 and some things I don't quite understand as to
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
36
1 why there is a not-for-profit corporation, and
2 then there's also a for-profit corporation.
3 And the answer I get is that, well, some
4 things that legally the not-for-profit can do,
5 the for-profit can. And it appears -- at least
6 according to the editorial of May 5th -- that
7 the land will be -- in essence, Riviera Beach is
8 giving the land away and not leasing the land,
9 as I understand it. You'll be giving away --
10 MS. WADE: We have some stipulations on
11 that giveaway. I sat on the council that gave
12 the initial approval for this.
13 And the stipulation that we have is that
14 the land could only be used for the aquarium; or
15 for a nonprofit venture; or back to the State,
16 or County, or City agency.
17 We -- one of the -- that was one of my
18 concerns when I voted for this. And that was
19 that this land that was given to us would never
20 be given to somebody else to make a profit off
21 of.
22 So that was one of my heavy concerns, and
23 I'm the one that pushed that part of the
24 contract. And if you look at the contract
25 instead of the Palm Beach Post, it tells you
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
37
1 that the land goes to them, it comes back to us
2 if they should fail in any manner whatsoever.
3 We've tried to protect the City in that
4 manner.
5 ATTORNEY GENERAL BUTTERWORTH: And I
6 appreciate you attempting to do that.
7 I'm a little concerned about the fact that
8 the State has a number of acres that we have,
9 in essence, given to Riviera Beach of State
10 sovereignty lands, and that Riviera Beach may
11 use them in certain ways.
12 According to the -- the amendment that I
13 have in front of me, it says that the agreement
14 of the buyer shall survive any termination of
15 dedication number 24438-A, which is a dedication
16 that the Board of Trustees -- when a Board of
17 Trustees gave this land to Riviera Beach.
18 So even -- no matter what happens, the
19 State of Florida will lose this particular land
20 to the private function the way it is written
21 now. And I'm concerned about this.
22 I'm concerned about the fact -- this may
23 not be true any more -- as to whether or not the
24 County is going to back the financing or not.
25 I think originally some people thought they
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
38
1 were, and as I understand, the County is not
2 going to back the bonds.
3 MS. WADE: The County has not been asked to
4 back the bond, sir.
5 ATTORNEY GENERAL BUTTERWORTH: Okay.
6 MS. WADE: At this point.
7 ATTORNEY GENERAL BUTTERWORTH: Okay.
8 The -- the people who are the -- your
9 financial directors I guess, and the aquarium
10 CEO say they have a lot of large donors, but
11 they do not wish to say who they are. That --
12 that may or may not be -- be appropriate.
13 I just have a number of problems. I'd like
14 to see it go forward as much as you would. But
15 I do want to see the State's interests be
16 protected.
17 And I am sure during this conceptual
18 period, we will be having a number of
19 conversations about this aquarium.
20 MS. WADE: The City of Riviera Beach would
21 like to thank you for the conceptual approval.
22 I would hope and wish that you would work with
23 us along this process.
24 I, as an elected official, just as you are,
25 it is my primary goal to protect the citizens
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
39
1 and the taxpayers of the City. There are things
2 that -- you know, as we move forward, there's
3 going to be some changes naturally, and some
4 going back.
5 But I would just like to -- to let you
6 know, one of the reasons why I have faith in
7 this particular group is I have lived in the
8 City for some thirty some years, and been in
9 Palm Beach County all of my life -- and I'm not
10 going to tell you all of that, because then
11 you'll know how old I am.
12 But one of the things that -- that we are
13 experiencing here, all of the entities that are
14 trying to be built in most of the communities
15 around, they're going to the boards asking for
16 full -- full indemnity. They're asking to be
17 funded totally. You know, you're asking for
18 excess tax dollars and so forth.
19 This group has come forth, and they've
20 stepped to the table, and they are right now
21 spending their dollars to get this thing
22 started.
23 This is why I personally have faith in
24 them, and this is why I will be working with
25 them.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
40
1 But I will assure you that it is my full
2 intent to make sure that the taxpayers are
3 protected.
4 And I would invite you to, whatever
5 questions you have, give us a call at any time.
6 We'll come here, you can come there, and it is
7 our intent to do the same thing.
8 ATTORNEY GENERAL BUTTERWORTH: Thank you.
9 SECRETARY MORTHAM: Are there any other
10 comments?
11 I have one quick one.
12 Councilwoman, I understand completely
13 you're an elected official, the last thing you
14 want to do is burden your taxpayers and your
15 local community beyond what they should be for
16 this particular project.
17 And I can certainly understand that being a
18 quote, rough jewel, as you -- as you would
19 enumerate, I would say, yes, we would love to
20 make you a gem in Palm Beach County.
21 I would like to concur with
22 General Butterworth in some concern primarily
23 from my standpoint for funding. And I think
24 that it's incumbent upon your group to make sure
25 that we have the specifics of the funding for
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
41
1 this Board of Trustees as soon as possible.
2 MS. WADE: I will --
3 SECRETARY MORTHAM: And not confusing it
4 with the feasibility study, because that's
5 apples and oranges here.
6 MS. WADE: I agree with you. But if you
7 look at our contract, the land is not going to
8 be transferred to them until they show us the
9 funding. Until they show us how. That is a
10 part of the stipulation of our contract. We do
11 not convey anything until they show us where,
12 how, and who.
13 So, you know, that's why I'm not at the
14 point -- you know, when they identify, they get
15 it; they don't identify, they don't get it.
16 SECRETARY MORTHAM: Okay. Well, all I'm
17 saying is is I think that the sooner that we
18 see --
19 MS. WADE: The better.
20 SECRETARY MORTHAM: -- how the funding's
21 going to work --
22 MS. WADE: -- the better, yeah.
23 SECRETARY MORTHAM: -- the better off --
24 MS. WADE: I agree with you.
25 SECRETARY MORTHAM: -- we'll all be.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
42
1 Okay. There's a motion and a second.
2 Any objection?
3 It's approved.
4 MS. WADE: Thank you.
5 SECRETARY MORTHAM: Thank you.
6 MS. WADE: Riviera Beach thanks you.
7 TREASURER NELSON: Madam Secretary, I just
8 want to say that I have been to the site. And
9 if all of these financial concerns get worked
10 out, that I think that this would be a very
11 positive addition to Palm Beach County.
12 The architect for this particular aquarium
13 is the same architect who has done the Tampa
14 aquarium. And I think of an aquarium as a big
15 tank with a lot of fish swimming around, until I
16 visited the Tampa aquarium.
17 It is one of the most educational
18 experiences that I have ever encountered. And
19 if the aquarium planned in -- in
20 Palm Beach County were to be anything like that,
21 that would be a very positive step.
22 So it's my hope that the objections raised
23 by the General, as well as those in the
24 Palm Beach Post, would be able to be met, and
25 that the finances of this project can be
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
May 29, 1996
43
1 straightened out, because I think it would be a
2 very considerable plus for southeast Florida.
3 SECRETARY MORTHAM: And I think everybody
4 agrees, and we want to see it work out. But we
5 need -- we need the parameters, the specifics.
6 MS. WETHERELL: Okay.
7 SECRETARY MORTHAM: Secretary.
8 MS. WETHERELL: Thank you. I think you
9 took a vote?
10 SECRETARY MORTHAM: We did.
11 MS. WETHERELL: Okay. Thank you.
12 The final item, 14, is a settlement
13 agreement.
14 COMMISSIONER BROGAN: So move.
15 ATTORNEY GENERAL BUTTERWORTH: Second.
16 SECRETARY MORTHAM: Moved and seconded.
17 Without objection, it's approved.
18 MS. WETHERELL: Thank you.
19 SECRETARY MORTHAM: Great agenda.
20 MS. WETHERELL: Thank you.
21 SECRETARY MORTHAM: Thank you all very
22 much.
23 (The Board of Trustees of the Internal
24 Improvement Trust Fund Agenda was concluded.)
25 *
ACCURATE STENOTYPE REPORTERS, INC.
44
1 (The Cabinet meeting was concluded at
2 10:58 a.m.)
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
May 29, 1996
45
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 45 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 3RD day of JUNE, 1996.
17
18
19 LAURIE L. GILBERT, RPR, CCR
100 Salem Court
20 Tallahassee, Florida 32301
(904) 878-2221
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
