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          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
                      INMATE COLLEGE SCHOLARSHIPS DISCUSSION
          6               STATE BOARD OF ADMINISTRATION
                             DIVISION OF BOND FINANCE
          7                   DEPARTMENT OF REVENUE
                             STATE BOARD OF EDUCATION
          8                ADMINISTRATION COMMISSION
                             FLORIDA LAND AND WATER
          9                  ADJUDICATORY COMMISSION
                           MARINE FISHERIES COMMISSION
         10                  TRUSTEES OF THE INTERNAL
                              IMPROVEMENT TRUST FUND
         11
 
         12            The above agencies came to be heard before
              THE FLORIDA CABINET, Honorable Governor Chiles
         13   presiding, in the Cabinet Meeting Room, LL-03,
              The Capitol, Tallahassee, Florida, on Tuesday,
         14   December 10, 1996, commencing at approximately
              9:59 a.m.
         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
 
 
 
 
                                                              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
                                      *
         14
 
         15
 
         16
 
         17
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25
                        ACCURATE STENOTYPE REPORTERS, INC.
 
 
                                December 10, 1996
                                                              3
 
          1                        I N D E X
 
          2   ITEM                  ACTION                PAGE
 
          3   INMATE COLLEGE SCHOLARSHIPS DISCUSSION
 
          4                                                 6
 
          5   STATE BOARD OF ADMINISTRATION:
              (Presented by Tom Herndon,
          6       Executive Director)
 
          7    1                  Approved                 19
               2                  Approved                 20
          8    3                  Approved                 20
               4                  Approved                 20
          9    5                  Approved                 21
               6                  Approved                 21
         10
              DIVISION OF BOND FINANCE:
         11   (Presented by J. Ben Watkins, III,
                  Director)
         12
               1                  Approved                 22
         13    2                  Approved                 22
               3                  Approved                 23
         14    4                  Approved                 23
 
         15   DEPARTMENT OF REVENUE:
              (Presented by L.H. Fuchs,
         16       Executive Director)
 
         17    1                  Approved                 24
               2                  Deferred                 25
         18    2                  Approved as Amended      28
               3                  Approved                 29
         19    4                  Approved                 29
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25
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                                                              4
 
          1                         I N D E X
                                   (Continued)
          2
              ITEM                  ACTION                PAGE
          3
              STATE BOARD OF EDUCATION:
          4   (Presented by Wayne V. Pierson, Ph.D.,
                  Deputy Commissioner for
          5         Planning, Budgeting, and Management)
 
          6    1                  Approved                 30
               2                  Presentation             30
          7    3                  Presentation             41
               4                  Approved                 69
          8    5                  Approved                 69
               6                  Approved                 70
          9    7                  Approved                 70
               8                  Approved                 70
         10    9                  Approved                 70
              10                  Approved                 71
         11   11                  Approved                 71
              12                  Approved                 72
         12
              ADMINISTRATION COMMISSION:
         13   (Presented by Robert B. Bradley, Ph.D.,
                  Secretary)
         14
               1                  Approved                 73
         15    2A                 Approved                 73
               2A                 Approved                 74
         16    3                  Approved                 74
               4                  Approved                 74
         17    5                  Approved                 75
               6                  Approved                 75
         18    7                  Approved                 76
               8                  Approved                 76
         19    9                  Approved                 76
 
         20   FLORIDA LAND AND WATER
                ADJUDICATORY COMMISSION:
         21   (Presented by Robert B. Bradley, Ph.D.,
                  Secretary)
         22
               1                  Approved                 77
         23    2                  Approved                 77
 
         24
 
         25
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                                                              5
 
          1                         I N D E X
                                   (Continued)
          2
              ITEM                  ACTION                PAGE
          3
              MARINE FISHERIES COMMISSION:
          4   (Presented by Russell S. Nelson, Ph.D.,
                  Executive Director)
          5
               A                  Approved                 81
          6    B                  Approved                 81
               C                  Approved                 82
          7    D                  Approved                 82
               E                  Approved                 82
          8    F                  Approved                 83
 
          9   BOARD OF TRUSTEES,
              INTERNAL IMPROVEMENT
         10   TRUST FUND:
              (Presented by Virginia B. Wetherell,
         11       Secretary)
 
         12    1                  Approved                 84
               2                  Approved                 84
         13    3                  Approved                 84
               4                  Approved                 85
         14    5                  Approved                 85
               6                  Approved                 85
         15    7                  Approved                 86
               8                  Approved                 86
         16    9                  Approved                 86
              10                  Approved                 87
         17   11                  Withdrawn               115
              12                  Approved                115
         18   13                  Approved                115
              Substitute 14       Approved                115
         19   15                  Approved                116
              Substitute 16       Withdrawn               116
         20   Substitute 17       Deferred                116
 
         21            CERTIFICATE OF REPORTER            118
 
         22                           *
 
         23
 
         24
 
         25
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                      INMATE COLLEGE SCHOLARSHIPS DISCUSSION
                                December 10, 1996
                                                              6
 
          1                   P R O C E E D I N G S
 
          2            (The following item commenced at 10:02 a.m.)
 
          3            (Treasurer Nelson not present in the room.)
 
          4            GOVERNOR CHILES:  It's my understanding
 
          5       that Senator Crist has asked to address the
 
          6       Cabinet and the Governor.
 
          7            SENATOR CRIST:  Yes, sir.
 
          8            GOVERNOR CHILES:  Senator.
 
          9            SENATOR CRIST:  Governor, I want to
 
         10       thank you for the opportunity to address the
 
         11       Cabinet and yourself on an issue that I believe
 
         12       to be very important, college scholarships for
 
         13       inmates.
 
         14            I'll be brief.
 
         15            As I see it, there are two problems here.
 
         16       Number one, there's a flaw in the way in which
 
         17       this measure became law.  I believe it to have
 
         18       been by deception, a Trojan horse, if you will.
 
         19            In my humble opinion, the language of the
 
         20       measure was very unclear, if not outright
 
         21       deceptive.  It was described as, quote,
 
         22       Transition Assistance Program Enhancements.
 
         23            In no language that addressed this issue
 
         24       were the words scholarship or college even
 
         25       mentioned.  It is wrong to mislead, it is not
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          1       honest, and I think it attacks the integrity of
 
          2       our process.
 
          3            I can also assure you that this program of
 
          4       scholarships for criminals in no way represents
 
          5       legislative intent, certainly not for the vast
 
          6       majority of the Legislature.
 
          7            The second issue, I think, is the bad
 
          8       public policy that it sends.  The idea that the
 
          9       hard earned money of taxpayers would be used to
 
         10       create a scholarship program for murderers,
 
         11       rapists, and robbers should shock the conscience
 
         12       of any serious thinking, well informed person;
 
         13       bearing in mind, of course, that the State
 
         14       currently does provide for high school level
 
         15       education for those in the prison system, which
 
         16       I believe is appropriate.
 
         17            Some time ago, Governor, you gave me the
 
         18       copy of a very good book, entitled The Death of
 
         19       Common Sense, which discusses America's
 
         20       frustration with government.
 
         21            In my opinion, taxpayer funded college
 
         22       scholarships for criminals is a perfect
 
         23       illustration of the death of common sense.
 
         24            Think of the message that this sends to
 
         25       citizens, particularly our young people; in
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          1       other words, commit a crime, get a free college
 
          2       education.  I believe that is wrong, and
 
          3       I believe you would agree.
 
          4            I don't believe that anyone could look into
 
          5       the eyes of law abiding citizens that we all
 
          6       represent, and say to them that this type of
 
          7       program is the right thing to do.
 
          8            This is simply a matter of doing what is
 
          9       right, and correcting a problem.  You, as
 
         10       Governor, with the concurrence of the Cabinet, I
 
         11       am informed, have the power and the opportunity
 
         12       to correct this unfortunate situation.
 
         13            I would implore you to please do so for the
 
         14       benefit of our law abiding citizens who have to
 
         15       struggle so hard in order to earn a college
 
         16       education.
 
         17            I strongly encourage you to stop the flawed
 
         18       message of, in essence, rewarding criminal
 
         19       behavior with a college scholarship.
 
         20            I want to thank you again very much for
 
         21       your courtesy, and hope that you'll have the
 
         22       opportunity to take action.
 
         23            Thank you, sir.
 
         24            GOVERNOR CHILES:  Thank you, Senator.
 
         25       You've raised a couple of points there.
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          1            One is that the -- the legislation,
 
          2       I think, you said -- or the proviso was a
 
          3       Trojan horse.
 
          4            My understanding is that it -- this
 
          5       provision passed the House, there was not a
 
          6       similar provision in the Senate appropriation
 
          7       bill, that this item went to conference.  The
 
          8       Conference Committee, in its wisdom, decided to
 
          9       include the item in the conference.
 
         10            It is noted in proviso language -- and it
 
         11       has an A at the end of the number, the numerical
 
         12       designation -- and that A signifies action that
 
         13       was taken by the Legislature, as opposed to
 
         14       action that was put in my budget:  Not included
 
         15       in the Governor's budget, was included by the
 
         16       Legislature, was passed by the Conference
 
         17       Committee, which action was then ratified by the
 
         18       House and the Senate.
 
         19            The item then comes to the Governor, as the
 
         20       entire appropriation bills does --
 
         21            SENATOR CRIST:  Uh-hum.
 
         22            GOVERNOR CHILES:  -- and we noted the
 
         23       item.  No one had spoke to us about the item.
 
         24       And the item as the proviso language I thought
 
         25       was very clear.  I don't have a copy right now.
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          1       Maybe I'll get it in a second.
 
          2            I thought the proviso language said, if a
 
          3       prisoner was taking education courses, pursuing
 
          4       his education while in prison, this was a
 
          5       proviso to allow them to, at the community
 
          6       college, receive some credit --
 
          7            (Treasurer Nelson entered the room.)
 
          8            GOVERNOR CHILES:  -- to go forward with
 
          9       that education at the community college.
 
         10            Now, that's a little bit different than
 
         11       saying we're going to give every prisoner a
 
         12       college education.
 
         13            And some of your statements, I think, said
 
         14       that this applied to murderers and rapists,
 
         15       which I don't think it does.
 
         16            SENATOR CRIST:  I certainly hope not.
 
         17            GOVERNOR CHILES:  I do --
 
         18            SENATOR CRIST:  But it's a --
 
         19            GOVERNOR CHILES:  -- too.
 
         20            SENATOR CRIST:  -- moving target.
 
         21            GOVERNOR CHILES:  I do, too.
 
         22            SENATOR CRIST:  So I don't know what it is
 
         23       from one day --
 
         24            GOVERNOR CHILES:  And I have the language
 
         25       now.
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          1            SENATOR CRIST:  Uh-hum.
 
          2            GOVERNOR CHILES:  This is 607A, Lump Sum
 
          3       Transitional Education, General Revenue Fund,
 
          4       $400,000.  From the funds in specific
 
          5       appropriation 607A, the Department shall provide
 
          6       minority education assistance in connection with
 
          7       the Transition Assistance Program for those
 
          8       offenders nearing release who have been enrolled
 
          9       in education programs, to complete their
 
         10       education in community schools.
 
         11            Now, I don't see anything that's not clear
 
         12       about that.  That appears to me to be written in
 
         13       our mother tongue, English.  And I can
 
         14       understand that.
 
         15            And as the Vice Chairman of the Conference
 
         16       Committee --
 
         17            SENATOR CRIST:  Uh-hum.
 
         18            GOVERNOR CHILES:  -- it seems to me that
 
         19       this is something that you passed.
 
         20            Now you're placing me and the Cabinet in a
 
         21       position of thwarting the will of the
 
         22       Legislature.  Now you're opposed to this, but
 
         23       the House, again, passed this provision in
 
         24       legislation.  And the Senate, by virtue of the
 
         25       Conference Committee, accepted.
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          1            Now, for those reasons, you know, I think
 
          2       we have to clearly look at it.  And you're
 
          3       exactly right, I gave you a copy of the book.
 
          4       You need to read the book.
 
          5            SENATOR CRIST:  I read it, Governor.
 
          6            GOVERNOR CHILES:  Well, good.
 
          7            Well, and the very thing you've said about
 
          8       the public is tired of the Legislature and of
 
          9       all of us elected officials not making good
 
         10       decisions and all I think applies to how this
 
         11       got in the budget.
 
         12            Now, you know, I think that common sense
 
         13       would have said, a decision like this should be
 
         14       made by the body that makes the public policy.
 
         15       I'm to carry it out.  I present my budget.  I
 
         16       propose, the Legislature disposes.
 
         17            This was not in our budget; put in by the
 
         18       Legislature; and now you're saying, we, the
 
         19       Cabinet, should take it out.  I don't know
 
         20       whether we've got the authority to take it out,
 
         21       to tell you the truth.
 
         22            But I will tell you, no plan has been
 
         23       presented as yet by the Department of
 
         24       Corrections, the budget office has not had an
 
         25       opportunity to look at that plan.  And so it may
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          1       come to the Cabinet at some time, but it is not
 
          2       right to come to the Cabinet now.
 
          3            But personally, this was an item, as I say,
 
          4       that we kind of wondered about when the budget
 
          5       came by us.  Having heard from no one about it,
 
          6       and seeing it was clearly put in by the
 
          7       Legislature, we decided we would not thwart the
 
          8       will of the Legislature.
 
          9            But I would hope, Senator, that, you know,
 
         10       on items like this, strong feelings as you have,
 
         11       you would have argued those feelings at the
 
         12       Conference Committee.  You had a chance on the
 
         13       floor of the Senate to try to send it back to
 
         14       conference.  You could have notified me even
 
         15       after it passed and said, I would like you to
 
         16       veto this, and cite me the book then.
 
         17            But now I just have a little bit more
 
         18       harder time with it.
 
         19            SENATOR CRIST:  Governor, I appreciate your
 
         20       points, and I'd like to respond to them, if I
 
         21       may.
 
         22            GOVERNOR CHILES:  Sure.
 
         23            SENATOR CRIST:  I think I explained it in
 
         24       my opening comments, that, in fact, the language
 
         25       presented to us in no way mentioned scholarships
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          1       for criminals.  It did not even use the word
 
          2       scholarships, nor did it mention the word
 
          3       school -- excuse me -- college.
 
          4            Clearly, when the language says Transition
 
          5       Assistance Program Enhancements, I'm delighted
 
          6       that to you that means college scholarships.
 
          7       But, frankly, to the members of the Senate, it
 
          8       did not mean --
 
          9            GOVERNOR CHILES:  Where does this language
 
         10       come from that I just read you, 607A?  From the
 
         11       funds in specific appropriation 607A, the
 
         12       Department shall provide minority education
 
         13       assistance in conjunction with the Transition
 
         14       Assistance Program for those offenders nearing
 
         15       release who have been enrolled in education
 
         16       programs to complete their community schools.
 
         17            Now, that's -- that's not our language.
 
         18            SENATOR CRIST:  No.  What's a community
 
         19       school to you, if I might ask?
 
         20            I mean -- my point is --
 
         21            GOVERNOR CHILES:  When you're --
 
         22            SENATOR CRIST:  When it said community
 
         23       college, I think --
 
         24            GOVERNOR CHILES:  I hate to say it, but
 
         25       what it means to me is that you're giving them
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          1       assistance to go forward from the schooling that
 
          2       they've had; and community just sort of rings a
 
          3       little bell to me.  We call them community
 
          4       colleges, some people call them -- they refer to
 
          5       them as schools.
 
          6            SENATOR CRIST:  Uh-hum.
 
          7            GOVERNOR CHILES:  But it -- it certainly
 
          8       rings a bell to me, Senator.
 
          9            SENATOR CRIST:  With I think the common
 
         10       vernacular, Governor, with all due respect, when
 
         11       you're talking about community college is to
 
         12       call it a community college.
 
         13            GOVERNOR CHILES:  Well --
 
         14            SENATOR CRIST:  And then I think the
 
         15       interpretation, if I might, by our body was that
 
         16       this was to be some kind of vocational
 
         17       education, certainly not a college scholarship.
 
         18            GOVERNOR CHILES:  Remember, a specific
 
         19       appropriation for this fund passed on the floor
 
         20       of the House.
 
         21            SENATOR CRIST:  I don't serve in the House.
 
         22            GOVERNOR CHILES:  Pardon?
 
         23            SENATOR CRIST:  I don't serve in the
 
         24       House.  I hear the point you're making.  But
 
         25       when you say that you believe it to be the will
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          1       of the Legislature, I have to respectfully
 
          2       disagree.
 
          3            Certainly it was not presented in
 
          4       conference in that fashion, I can assure you of
 
          5       that.  We had no understanding that this was
 
          6       going to be college scholarships for ex-cons.
 
          7       And I don't think that the citizens of this
 
          8       state would support it.
 
          9            We can talk about the past, and we can
 
         10       worry about the spilled milk.
 
         11            GOVERNOR CHILES:  Well, Senator, again,
 
         12       you're Vice Chair of the Appropriations
 
         13       Committee.  You're, I think, the ranking member
 
         14       of the subcommittee of Ways and Means.
 
         15            I'm not responsible for writing this kind
 
         16       of language.  This is a legislative prerogative,
 
         17       this is legislative proviso language.  There's a
 
         18       lot of the proviso language that y'all put in
 
         19       that I have difficulty reading, I want to tell
 
         20       you that.  But --
 
         21            SENATOR CRIST:  Well, I didn't write this
 
         22       one either, Governor.
 
         23            GOVERNOR CHILES:  We have to work our way
 
         24       through that.
 
         25            But, again, basically, everything that
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          1       we're talking about here was clearly -- much
 
          2       more clearly before the Legislature than it was
 
          3       before me, actually.  And before the -- myself
 
          4       and the Cabinet today.  And the Legislature
 
          5       spoke its will.
 
          6            SENATOR CRIST:  Well, again, I'll
 
          7       respectfully disagree.  And we can expend our
 
          8       energies trying to attack the messenger today,
 
          9       Governor, if that be your choice.  But it seems
 
         10       to be the more productive thing to do is to
 
         11       right a bad -- right a bad policy; to right a
 
         12       wrong, if you will.
 
         13            It seems to me that we ought to focus our
 
         14       energies on doing what's right for the citizens
 
         15       of the state of Florida, not for the criminals
 
         16       of the state of Florida.
 
         17            And I would encourage you, again, as a
 
         18       Senator who represents almost 350,000 people in
 
         19       Tampa Bay, that this is --
 
         20            GOVERNOR CHILES:  Well, I appreciate that
 
         21       very much, Senator.  I would say in this
 
         22       instance, you're a little more than the
 
         23       messenger, because a messenger just sort of
 
         24       delivers something.
 
         25            You are, as I say, the Vice Chairman of the
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          1       Conference Committee who not -- who made up this
 
          2       message.  And that's a little different from
 
          3       delivering it.  You're -- so now you're saying
 
          4       that which we made up, we want you to change.
 
          5            We appreciate your appearance here today.
 
          6            SENATOR CRIST:  Well, I appreciate your
 
          7       indulgence.  And, again, it was not authored by
 
          8       us, and this was not the intent we had in mind.
 
          9            I appreciate your indulgence --
 
         10            GOVERNOR CHILES:  Yes, sir.
 
         11            SENATOR CRIST:  -- and hope that you'll see
 
         12       good public policy, and right this wrong.
 
         13            Thank you.
 
         14            (The Inmate College Scholarships Discussion
 
         15       was concluded.)
 
         16            (Resolutions were presented.)
 
         17                             *
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                          STATE BOARD OF ADMINISTRATION
                                December 10, 1996
                                                              19
 
          1            (The agenda items commenced at 10:40 a.m.)
 
          2            (Attorney General Butterworth exited the
 
          3       room.)
 
          4            GOVERNOR CHILES:  Now we'll start with the
 
          5       State Board of Administration.
 
          6            COMMISSIONER BROGAN:  Governor, before we
 
          7       do that, could I go back to something that you
 
          8       touched on very diplomatically before regarding
 
          9       General Milligan?
 
         10            GOVERNOR CHILES:  Well, if you have to.
 
         11            (Discussion not on the record.)
 
         12            GOVERNOR CHILES:  State Board of
 
         13       Administration.
 
         14            MR. HERNDON:  Item number 1 is approval of
 
         15       the minutes as corrected from the November 19th,
 
         16       1996, meeting.
 
         17            COMPTROLLER MILLIGAN:  Motion.
 
         18            TREASURER NELSON:  Second.
 
         19            GOVERNOR CHILES:  Moved and seconded.
 
         20            Without objection, it's approved.
 
         21            MR. HERNDON:  Item number 2 is an interest
 
         22       rate exception and approval of the negotiated
 
         23       sale on behalf of the Palm Beach County Housing
 
         24       Finance Authority.
 
         25            COMPTROLLER MILLIGAN:  A motion.
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                          STATE BOARD OF ADMINISTRATION
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          1            TREASURER NELSON:  Second.
 
          2            GOVERNOR CHILES:  Moved and seconded.
 
          3            Without objection, it's approved.
 
          4            MR. HERNDON:  Item number 3 is approval of
 
          5       fiscal sufficiency of an amount not to exceed
 
          6       220 million dollars full faith and credit for
 
          7       the Jacksonville Transportation Authority.
 
          8            COMPTROLLER MILLIGAN:  Motion.
 
          9            TREASURER NELSON:  Second.
 
         10            GOVERNOR CHILES:  Moved and seconded.
 
         11            Without objection, it's approved.
 
         12            MR. HERNDON:  Item number 4, approval of
 
         13       fiscal sufficiency of an amount not to exceed
 
         14       eleven million two hundred and ninety thousand
 
         15       dollars, Florida Housing Finance Agency housing
 
         16       revenue bonds.
 
         17            TREASURER NELSON:  Move it.
 
         18            COMPTROLLER MILLIGAN:  Second.
 
         19            GOVERNOR CHILES:  Moved and seconded.
 
         20            Without objection, it's approved.
 
         21            MR. HERNDON:  Item number 5 is a report
 
         22       submitted for your information, review on the
 
         23       October investment performance and fund balance
 
         24       of the State Board of Administration.
 
         25            TREASURER NELSON:  Move it.
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          1            COMPTROLLER MILLIGAN:  And second.
 
          2            GOVERNOR CHILES:  Moved and seconded.
 
          3            Without objection, it's approved.
 
          4            MR. HERNDON:  Item number 6 is a good cause
 
          5       item, Governor, that was submitted, which is an
 
          6       interest rate waiver and authorization for
 
          7       negotiated bid for the Brevard County Housing
 
          8       Finance Authority in the amount of 1 million
 
          9       dollars.
 
         10            TREASURER NELSON:  Move it.
 
         11            COMPTROLLER MILLIGAN:  And second.
 
         12            GOVERNOR CHILES:  Moved and seconded.
 
         13            Without objection, that's approved.
 
         14            MR. HERNDON:  That completes the agenda.
 
         15            TREASURER NELSON:  Governor, he acts like
 
         16       he knows what he's doing, doesn't he?
 
         17            GOVERNOR CHILES:  Oh, it didn't take him
 
         18       long to become a bureaucrat again.
 
         19            COMMISSIONER BROGAN:  Coming right along.
 
         20            MR. HERNDON:  Thank you, sir.
 
         21            GOVERNOR CHILES:  Thank you.
 
         22            (The State Board of Administration Agenda
 
         23       was concluded.)
 
         24                             *
 
         25
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             DIVISION OF BOND FINANCE
                                December 10, 1996
                                                              22
 
          1            GOVERNOR CHILES:  Division of
 
          2       Bond Finance.
 
          3            MR. WATKINS:  Item number 1 is approval of
 
          4       the minutes of the November 19th meeting.
 
          5            COMPTROLLER MILLIGAN:  Motion.
 
          6            SECRETARY MORTHAM:  Second.
 
          7            GOVERNOR CHILES:  Moved and seconded.
 
          8            Without objection, it's approved.
 
          9            (Attorney General Butterworth entered the
 
         10       room.)
 
         11            MR. WATKINS:  Item number 2 is a resolution
 
         12       authorizing the issuance of up to 65 million
 
         13       Department of Transportation revenue bonds for
 
         14       improvements to Alligator Alley.
 
         15            COMPTROLLER MILLIGAN:  Motion.
 
         16            GOVERNOR CHILES:  Moved and --
 
         17            SECRETARY MORTHAM:  Second.
 
         18            GOVERNOR CHILES:  -- seconded.
 
         19            Without objection, it's approved.
 
         20            MR. WATKINS:  Item number 3 are resolutions
 
         21       authorizing the issuance and competitive sale of
 
         22       up to 220 million refunding bonds for the
 
         23       Jacksonville Transportation Authority.
 
         24            SECRETARY MORTHAM:  Move it.
 
         25            GOVERNOR CHILES:  Moved and seconded.
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             DIVISION OF BOND FINANCE
                                December 10, 1996
                                                              23
 
          1            Without objection, that's approved.
 
          2            MR. WATKINS:  Item number 4 is a resolution
 
          3       authorizing the negotiated sale of up to
 
          4       eleven million two hundred ninety thousand
 
          5       dollars in multifamily housing revenue bonds for
 
          6       the Florida Housing Finance Agency.
 
          7            GOVERNOR CHILES:  Is there a motion?
 
          8            COMMISSIONER CRAWFORD:  Motion.
 
          9            GOVERNOR CHILES:  Moved.
 
         10            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         11            GOVERNOR CHILES:  Seconded.
 
         12            Without objection, it's approved.
 
         13            Thank you, sir.
 
         14            (The Division of Bond Finance Agenda was
 
         15       concluded.)
 
         16                             *
 
         17
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                              DEPARTMENT OF REVENUE
                                December 10, 1996
                                                              24
 
          1            GOVERNOR CHILES:  The Department of
 
          2       Revenue.
 
          3            MR. FUCHS:  Governor, Item 1 is the minutes
 
          4       of the November 19th meeting.
 
          5            COMMISSIONER BROGAN:  So moved.
 
          6            COMPTROLLER MILLIGAN:  Second.
 
          7            GOVERNOR CHILES:  Moved and seconded.
 
          8            Without objection, it's approved.
 
          9            MR. FUCHS:  Governor, we have a good cause
 
         10       item that we communicated with you about
 
         11       yesterday, and I request that you and the
 
         12       Cabinet address this issue at that -- or at this
 
         13       time.
 
         14            COMMISSIONER CRAWFORD:  Is that -- which
 
         15       one is that?  Is that the one with the
 
         16       delegation issue?
 
         17            MR. FUCHS:  Yes, sir.
 
         18            COMMISSIONER CRAWFORD:  Governor, I would
 
         19       request we'd defer that at this time.  That's a
 
         20       major policy change, and we've had it for a few
 
         21       days.  But I'd like to take a -- more look at
 
         22       it.
 
         23            There's a compromise that's been proposed
 
         24       that I'd like to know more about the impact of
 
         25       that.  And I'd request that we defer at this
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                              DEPARTMENT OF REVENUE
                                December 10, 1996
                                                              25
 
          1       point.
 
          2            GOVERNOR CHILES:  Is there -- the motion to
 
          3       defer?
 
          4            COMMISSIONER BROGAN:  I'll second his
 
          5       motion, Governor.
 
          6            GOVERNOR CHILES:  Moved and seconded.
 
          7            Without objection, it's deferred.
 
          8            MR. FUCHS:  Going back --
 
          9            TREASURER NELSON:  On that item, there are
 
         10       issues of great import to the Department of
 
         11       Insurance, and I want to keep the lines of
 
         12       communication open between our Department and
 
         13       yours, as we work through this.
 
         14            MR. FUCHS:  Well, actually, Commissioner,
 
         15       Item 2 is the rule that now comes up because the
 
         16       good cause item has been deferred.  We are
 
         17       requesting approval to notice rule under
 
         18       Chapter 12B-8, insurance premium taxes, fees,
 
         19       and surcharges for proposed rulemaking.
 
         20            We have worked out the controversial
 
         21       provisions regarding firefighters and municipal
 
         22       police officers trust funds, and we will
 
         23       continue to work with the industry on refining
 
         24       the definitions, as well as working with your
 
         25       department, and any others, who may have other
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                              DEPARTMENT OF REVENUE
                                December 10, 1996
                                                              26
 
          1       concerns prior to the actual noticing of the
 
          2       rule.
 
          3            TREASURER NELSON:  And this is approval
 
          4       today of noticing the rule, and it'll come back
 
          5       to us; is that correct?
 
          6            MR. FUCHS:  Yes.
 
          7            COMPTROLLER MILLIGAN:  All right.  I move
 
          8       Item 2, notice of proposed amendment.
 
          9            GOVERNOR CHILES:  Is this back to Item 2?
 
         10       Well, we just adopted a --
 
         11            COMPTROLLER MILLIGAN:  Well, let's call it
 
         12       Item 2A.
 
         13            COMMISSIONER CRAWFORD:  Yeah.  We deferred
 
         14       Item 1 --
 
         15            GOVERNOR CHILES:  Oh, I see.
 
         16            COMMISSIONER CRAWFORD:  -- but I guess we
 
         17       can now go to Item 2.
 
         18            GOVERNOR CHILES:  All right.  It's been
 
         19       moved.
 
         20            Is there a second?
 
         21            SECRETARY MORTHAM:  I'll second it, but
 
         22       I've got a question.
 
         23            Mr. Fuchs, could you just tell me that as a
 
         24       result of this particular rule, as you
 
         25       understand it, that you will be noticing will it
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                              DEPARTMENT OF REVENUE
                                December 10, 1996
                                                              27
 
          1       impose one dime's difference to the companies
 
          2       involved as a result of this rule?
 
          3            MR. FUCHS:  It is my understanding that it
 
          4       will not.  But all we're doing today, because we
 
          5       deferred delegation of authority to me, you're
 
          6       giving us the authority to -- to open up the
 
          7       process.
 
          8            This is what's required under the new
 
          9       Administrative Procedures Act because we have
 
         10       deferred the delegation.
 
         11            But you will -- we will work out these
 
         12       issues.  There will be specific answers to every
 
         13       question before it comes back to you for
 
         14       approval of the actual adoption.
 
         15            SECRETARY MORTHAM:  Okay.  I understand
 
         16       that.
 
         17            MR. FUCHS:  Okay.
 
         18            SECRETARY MORTHAM:  And I understand the
 
         19       requirements of the APA, and I think I
 
         20       understand what the Legislature intended.
 
         21            My -- my problem is is that if, in fact, we
 
         22       vote to notice a rule, it only follows logically
 
         23       in my mind that you probably mean that you're
 
         24       actually for the rule as well.
 
         25            So rather than go through a lot of legal
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                              DEPARTMENT OF REVENUE
                                December 10, 1996
                                                              28
 
          1       battles; a lot of your time; a lot of your staff
 
          2       time, it would seem to me, let's just be
 
          3       up-front about this right now.  Either it's
 
          4       going to impose increased fees on the public, or
 
          5       it's not.
 
          6            I think the answer is is it is not.
 
          7            MR. FUCHS:  Uh-hum.
 
          8            SECRETARY MORTHAM:  Is that correct?
 
          9            MR. FUCHS:  That is my --
 
         10            SECRETARY MORTHAM:  I just want it --
 
         11            MR. FUCHS:  -- understanding.
 
         12            SECRETARY MORTHAM:  -- for the record, that
 
         13       what you're bringing to us is no increase in
 
         14       fee.
 
         15            MR. FUCHS:  That is my understanding.
 
         16            SECRETARY MORTHAM:  Okay.  Thank you.
 
         17            GOVERNOR CHILES:  All right.  That's been
 
         18       moved and seconded.
 
         19            And without objection, it's approved as
 
         20       amended.
 
         21            Item 3?
 
         22            MR. FUCHS:  Item 3 is request for approval
 
         23       and concept of the Department's legislative
 
         24       proposal for general tax administration
 
         25       number 22.  This is our certified audit's
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                              DEPARTMENT OF REVENUE
                                December 10, 1996
                                                              29
 
          1       project, a -- an enhancement of the contract
 
          2       audit program essentially with FICPA and the
 
          3       CPAs of the state of Florida.
 
          4            SECRETARY MORTHAM:  Move acceptance.
 
          5            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
          6            GOVERNOR CHILES:  It's been moved and
 
          7       seconded.
 
          8            Without objection, that's adopted.
 
          9            MR. FUCHS:  Item 4 is request permi-- for
 
         10       permission to submit our strategic plan for
 
         11       1997-2002 to the Executive Office of the
 
         12       Governor for review.
 
         13            SECRETARY MORTHAM:  Move approval.
 
         14            COMMISSIONER BROGAN:  Second.
 
         15            GOVERNOR CHILES:  Moved and seconded.
 
         16            Without objection, it's approved.
 
         17            MR. FUCHS:  Thank you.
 
         18            (The Department of Revenue Agenda was
 
         19       concluded.)
 
         20                             *
 
         21
 
         22
 
         23
 
         24
 
         25
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              30
 
          1            (Commissioner Crawford exited the room.)
 
          2            GOVERNOR CHILES:  State Board of
 
          3       Education.
 
          4            MR. PIERSON:  Item 1 is minutes of the
 
          5       meetings held on September 10th, September 26,
 
          6       October 8th, and October 22nd.
 
          7            COMMISSIONER BROGAN:  Move approval.
 
          8            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
          9            GOVERNOR CHILES:  Moved and seconded.
 
         10            Without objection, the minutes are
 
         11       approved.
 
         12            MR. PIERSON:  Item 2 is a presentation of
 
         13       task force recommendations, Commissioner's task
 
         14       force recommendations on the preparation,
 
         15       certification, performance, contracts, and
 
         16       standards of conduct and practice of today's
 
         17       educators.
 
         18            Betty Coxe will present the presenters.
 
         19            MS. COXE:  Good morning, Governor, and
 
         20       members of the Cabinet.
 
         21            We very much appreciate your allowing us
 
         22       today to stand before you and present some
 
         23       exciting recommendations for change.  As you're
 
         24       aware, you did recently confirm for the
 
         25       state of Florida the need for increased student
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              31
 
          1       standards.  And you worked with the
 
          2       Sunshine State Standards in that regard.
 
          3            This particular piece chooses to do for
 
          4       professionals a similar thing, as was done for
 
          5       kids, to raise the bar of that expectation for
 
          6       Florida's educators.
 
          7            (Commissioner Crawford entered the room.)
 
          8            MS. COXE:  Last year, the Commissioner
 
          9       authorized the formation of task forces to study
 
         10       this admittedly very complex and comprehensive
 
         11       issue.  The task forces were, number one,
 
         12       of course, to study the certification and
 
         13       preparation for your educators.
 
         14            The second one looked at the contracts and
 
         15       performance for your educators.
 
         16            And the last one looked at the standards of
 
         17       conduct and practice.
 
         18            I should mention that the task forces were
 
         19       representative of large numbers of stakeholder
 
         20       groups.
 
         21            (Secretary Mortham exited the room.)
 
         22            MS. COXE:  At the risk of leaving anyone
 
         23       out, we did have legislators, superintendents,
 
         24       School Board members, administrators, teachers,
 
         25       teacher unions, community colleges,
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              32
 
          1       universities, parents, business, and citizens
 
          2       all represented.
 
          3            So I guess it's fair to say that we came to
 
          4       the table with different views.  There were wide
 
          5       disparities among the ways to enhance
 
          6       education.
 
          7            But I must tell you, we all had a common
 
          8       destination, which is, with upgrading our
 
          9       profession we can make a difference for
 
         10       Florida's kids.
 
         11            I'm pleased to share with you today some
 
         12       introductions of people who will be presenting
 
         13       some of the more significant recommendations of
 
         14       the groups.  The report in its entirety has been
 
         15       made available to you for study, and we
 
         16       appreciate your efforts in this regard.
 
         17            Speaking to you today will be
 
         18       Phoebe Raulerson, former principal of Okeechobee
 
         19       High School, currently the Assistant
 
         20       Superintendent for Instruction there;
 
         21       Keith Yarbrough, who is a pharmacist from
 
         22       Brevard County, and a member of the Education
 
         23       Practices Commission; and Patrick Hoag,
 
         24       representing an architectural firm who was the
 
         25       newly appointed member of the Education
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              33
 
          1       Standards Commission.
 
          2            Thank you, gentlemen, and without further
 
          3       adieu, Phoebe Raulerson.
 
          4            (Secretary Mortham entered the room.)
 
          5            MS. RAULERSON:  Good morning, and --
 
          6            GOVERNOR CHILES:  Good morning.
 
          7            MS. RAULERSON:  -- thank you for this
 
          8       opportunity.
 
          9            The Education Preparation and Certification
 
         10       Committee came up with the following
 
         11       recommendations:  To revise for preparation --
 
         12       recommendations to revise professional teacher
 
         13       preparation programs to be more closely aligned
 
         14       with the identified knowledge and skills needed
 
         15       for the majority of teacher assignments,
 
         16       including:  Classroom management; English for
 
         17       speakers of other language; inclusion of
 
         18       exceptional student education; school law;
 
         19       parent, family, and community involvement;
 
         20       multicultural diversities; and other
 
         21       competencies.
 
         22            To expand the authority of school districts
 
         23       to develop additional alternative add-on
 
         24       certification programs when the need arises
 
         25       within those districts, to develop a five-year
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              34
 
          1       longitudinal study of Florida teacher
 
          2       preparation program graduates to examine
 
          3       success.  Currently we examine only the first
 
          4       year they're out in the teaching world.
 
          5            And to increase in-service training in the
 
          6       area of technology, especially the integration
 
          7       of technology in the classroom.
 
          8            The certification recommendations were as
 
          9       follows:  To simplify and streamline the
 
         10       certification process, to reduce the number of
 
         11       exceptional student education certification
 
         12       coverages from thirteen to five.  This would
 
         13       increase our reciprocity among states, and it
 
         14       will not -- it will enhance our ability to put
 
         15       those special teachers with those special
 
         16       children.
 
         17            To revise the elementary education
 
         18       specialization requirements to place more
 
         19       emphasis on reading, increase content courses in
 
         20       mathematics, science, and language arts, and
 
         21       reduce methodology in courses by integrating
 
         22       those courses within the content areas.
 
         23            To address the out-of-field assignment
 
         24       issue, and allow for consideration of
 
         25       alternative qualifications.  Qualified personnel
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              35
 
          1       can be qualified without having 30 hours of
 
          2       college courses.
 
          3            To eliminate the professional orientation
 
          4       program as a requirement for issuance of the
 
          5       professional certificate, but to retain that
 
          6       program as a district requirement.
 
          7            And to provide a common sense rule that
 
          8       allows for judgment based on proficiency in a
 
          9       certification area, either by the number of
 
         10       hours, the level of courses, or passage of
 
         11       subject area tests.
 
         12            Thank you.
 
         13            GOVERNOR CHILES:  Thank you.
 
         14            MR. HOAG:  Good morning, Governor Chiles,
 
         15       Honorable Cabinet members; certainly a pleasure
 
         16       and excited to be here today; and thoroughly
 
         17       enjoyed working on the task force, and currently
 
         18       the Standards Commission.
 
         19            Not to diminish all of our issues here, but
 
         20       a lot of ours are not quite as technical as the
 
         21       other two task forces addressed.  And the
 
         22       general -- or the consensus of our task force
 
         23       with current Board rules is that they were very
 
         24       ambiguous, they had no teeth for bite if they
 
         25       didn't district, or employees didn't conform to
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              36
 
          1       the intent of those particular Board rules.
 
          2            And essentially, many were recommended for
 
          3       deletion or to be rewritten.  There was
 
          4       difficulty in the terminology with the terms of
 
          5       incompetency and unsatisfactory performance
 
          6       being legally definable.
 
          7            So in rewriting that through various legal
 
          8       counsel, and whatnot, was a real principal
 
          9       issue.
 
         10            Secondly was increased parent or guardian
 
         11       involvement through assessment and evaluations;
 
         12       not just of instructional personnel, but
 
         13       administrators, senior staff, and having a
 
         14       more -- a broader base group for evaluation and
 
         15       reciprocating between instructional personnel
 
         16       and administrators, instead of the descending
 
         17       order from senior staff to administrator to
 
         18       instructors, and instructors, unfortunately
 
         19       bearing the brunt of the problems with
 
         20       public education today.
 
         21            Shortening time lines for formal complaints
 
         22       and the fact that there were horror stories that
 
         23       particular people knew of, issues were not
 
         24       resolved, there was no closure to any particular
 
         25       issue or complaint by a parent or a student to a
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              37
 
          1       student, instructor to a student, vice versa.
 
          2       We shorted -- recommend shortening those.
 
          3            The flexibility of the first year of an
 
          4       instructor being released from a contract, and
 
          5       vice versa, without any loss or difficulty to
 
          6       either the employer or the employee.
 
          7            But finally, and most controversial
 
          8       probably, is tenure and contracts.  Initially
 
          9       the private sector wanted to do away with both
 
         10       in their entirety, state, community college, and
 
         11       public education.
 
         12            It was the appearance that they are a
 
         13       hindrance to accountability and responsible
 
         14       behavior, and that the consensus of the group
 
         15       was not that education unfortunately is
 
         16       critiqued quite well lately, but that there is a
 
         17       small percentage of members in that community
 
         18       that actually are the origin of the problems,
 
         19       and not the system as a whole statewide.
 
         20            It was found to be very difficult to get
 
         21       hold -- get rid of employees that were -- were
 
         22       again found to be incompetent, or to have other
 
         23       problems.  Tenure, the public sector has
 
         24       difficulty with that concept and why somebody
 
         25       has tenure or promised a job.
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              38
 
          1            And property rights to employment is a very
 
          2       difficult subject that is not necessarily
 
          3       acceptable.
 
          4            Those are the big issues.  We feel that
 
          5       Commissioner Brogan's reform initiatives are
 
          6       extremely important, and that the
 
          7       recommendations, particularly the tenure, and
 
          8       the continuing service contracts, that their
 
          9       flexibility needs to be injected in there, and
 
         10       have strong recommendations that these continue
 
         11       forward without any watering down.
 
         12            And certainly a pleasure being here, and
 
         13       been most enjoyable.
 
         14            GOVERNOR CHILES:  Thank you.
 
         15            MR. HOAG:  You're welcome.
 
         16            MR. YARBROUGH:  Good morning, and
 
         17       thank you.
 
         18            I'm Keith Yarbrough, and I'm from
 
         19       Brevard County.  As a parent and also as a
 
         20       member of the State Education Practices
 
         21       Commission, I'm convinced that --
 
         22            GOVERNOR CHILES:  Pull that mic up just a
 
         23       little more, and speak into it.
 
         24            MR. YARBROUGH:  -- I'm convinced that
 
         25       Florida is, indeed, blessed with many competent,
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              39
 
          1       and caring, and dedicated, and qualified, and
 
          2       productive and ethical individuals who'll serve
 
          3       the children and the taxpayers of our state as
 
          4       educators.
 
          5            However, I'm also convinced that there are
 
          6       on occasion a bad apple or two that might
 
          7       somehow creep into our system and enter our
 
          8       schools.
 
          9            Our mission as a task force was to -- in
 
         10       dealing with standards of conduct and practice,
 
         11       was to find more effective ways in which to deal
 
         12       with those individuals who in some cases,
 
         13       because of their actions, do not deserve the
 
         14       privilege or the responsibility of being in
 
         15       contact with children.
 
         16            And as you -- based on our list of
 
         17       recommendations, I'm confident as the
 
         18       chairperson of our task force that we have,
 
         19       indeed, accomplished that.
 
         20            Thank you.
 
         21            MS. COXE:  Thank you.
 
         22            We appreciate your time this morning, and
 
         23       we remain here to answer questions that you may
 
         24       have.
 
         25            Also, because of the comprehensive nature
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              40
 
          1       of this work, it's entirely possible that during
 
          2       the next several weeks or months, you may wish
 
          3       to call upon any of these people, or others, to
 
          4       address some issue in some detail.  And we
 
          5       clearly would like to make ourselves available
 
          6       for any such efforts.
 
          7            Thank you so much.
 
          8            COMMISSIONER BROGAN:  And, Governor, I
 
          9       would like to -- if you'll permit me -- to thank
 
         10       the three individuals that you've heard from
 
         11       this morning who chaired those task forces.  We
 
         12       did try to be as cross-representative in nature
 
         13       as we possibly could, knowing that that would
 
         14       really bring a wide array of -- of feelings and
 
         15       beliefs to the table, but also knowing that when
 
         16       you're talking about the backbone of our
 
         17       educational system, and when you look at issues
 
         18       such as how we certify and prepare our
 
         19       professional educators, be they teachers or
 
         20       administrators, how we contract for those
 
         21       services, how we remediate those in need of
 
         22       assistance, how we discipline those in our
 
         23       profession who appropriately so need such
 
         24       discipline, that you're going to have a wide
 
         25       range of beliefs on how that all should unfold.
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              41
 
          1            These discussions will continue.  Some of
 
          2       these -- many of these will find their way into
 
          3       the legislative process this year.
 
          4            But the people who served well on those
 
          5       three task forces served also this State Board
 
          6       of Education very well, and we'd like to take
 
          7       this opportunity, through these chairs, to thank
 
          8       all of those members for their hard work and
 
          9       dedic--
 
         10            GOVERNOR CHILES:  We certainly do
 
         11       congratulate all of them.  It looks like it's a
 
         12       very comprehensive and broad based exercise that
 
         13       y'all have been going through, and I know it
 
         14       will serve the State well.
 
         15            COMMISSIONER BROGAN:  Thank you, Governor.
 
         16            MR. PIERSON:  Thomas Young, III, General
 
         17       Counsel for FEA United, has requested to speak
 
         18       to this item.
 
         19            MR. YOUNG:  I waive my time, Mr. Pierson.
 
         20            Thank you.
 
         21            MR. PIERSON:  Item 3 is a multimedia
 
         22       presentation regarding NetDay.  And I'd like to
 
         23       introduce Bill Smith from the -- Bill Schmid
 
         24       from the Department to introduce the
 
         25       presenters.
                        ACCURATE STENOTYPE REPORTERS, INC.
 
                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              42
 
          1            COMMISSIONER BROGAN:  Governor, Bill Schmid
 
          2       is -- as all of you I believe know -- is the
 
          3       head of the State's FIRN program, which is the
 
          4       Florida Information Resource Network, which
 
          5       provides, if you will, the backbone of
 
          6       technological capability that many of our
 
          7       schools and districts, and State agencies,
 
          8       possess.
 
          9            Bill was one of the people who, along with
 
         10       those that he will introduce, helped to make the
 
         11       NetDay activities as successful as they were
 
         12       this year.
 
         13            And he and his partners would like to do a
 
         14       presentation for the members of the State Board
 
         15       on the NetDay activities.  And I think you're
 
         16       going to be very proud of what unfolded around
 
         17       the state of Florida.
 
         18            MR. SCHMID:  Governor, members of
 
         19       the Board, it's -- it's my pleasure to introduce
 
         20       two individuals from Intermedia Communications,
 
         21       Barbara Samson, the Co-Founder and Chairperson
 
         22       of Intermedia; and Victoria Zepp, the NetDay
 
         23       Statewide Coordinator.  And as the Statewide
 
         24       Coordinator for NetDay for education.
 
         25            To be honest with you, my goals were not
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          1       quite as lofty as these two individuals.  And
 
          2       you will see that they have raised the bar when
 
          3       it comes to business partnerships.
 
          4            Barbara.
 
          5            MS. SAMSON:  Thank you, Bill.
 
          6            Good morning, Governor,
 
          7       Commissioner Brogan, and --
 
          8            GOVERNOR CHILES:  Good morning.
 
          9            MS. SAMSON:  -- members of the Cabinet, and
 
         10       all of the guests here.
 
         11            Please bear with us for a moment as we get
 
         12       our, so to speak, acts together for our
 
         13       multimedia presentation.  Had a bit of a
 
         14       challenge with that this morning.
 
         15            I'd like to start by letting you know that
 
         16       our presentation is about 20 minutes.  But it's
 
         17       20 minutes of fun and excitement about the
 
         18       kids.
 
         19            So before we get started, we'd like to show
 
         20       you a brief video which we hope will allow you,
 
         21       along with us, to capture the spirit of NetDay,
 
         22       and allow you to to see and feel some of the
 
         23       exuberant NetDay faces, and some of those
 
         24       children's lives that were touched in the
 
         25       process.
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                             STATE BOARD OF EDUCATION
                                December 10, 1996
                                                              44
 
          1            (Videotape was published to the Cabinet.)
 
          2            MS. SAMSON:  Woops.  Well, that was almost
 
          3       the end.
 
          4            I hope that you can see that together we
 
          5       have made a difference for Florida's school
 
          6       children.
 
          7            I'd now like to take you through the
 
          8       presentation which is not yet up on the screen.
 
          9            There we go.
 
         10            I apologize.
 
         11            Give it one moment.  If not, we'll go
 
         12       through hard copy for you.
 
         13            There we go.
 
         14            We wanted to use a computer, and
 
         15       incorporate the Internet aspects of the
 
         16       presentation, because that is what NetDay is all
 
         17       about.
 
         18            NetDay is a volunteer initiative designed
 
         19       to connect kids to their future by bringing the
 
         20       internal infrastructure necessary into the
 
         21       classroom for all of Florida's school children.
 
         22            Our NetDay 1996 was Saturday, October 26th,
 
         23       1996.
 
         24            NetDay, as it's designed, is -- for those
 
         25       of you who may not be familiar with it -- was
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          1       originally a nationwide barn raising,
 
          2       grassroots, volunteer initiative designed to
 
          3       bring technology into the classroom, to raise
 
          4       the level of learning for the nation's school
 
          5       children.  And that means for every school
 
          6       children -- every school child in Florida.
 
          7            When we first learned about NetDay in early
 
          8       July, no one in Florida had actually said, we'll
 
          9       take complete ownership of it.  I think there
 
         10       were folks everywhere in terms of companies
 
         11       interested in doing their part here, and
 
         12       departments within education and government that
 
         13       were interested in participating.
 
         14            But there was no one that had actually
 
         15       said, let us step up and pull the whole thing
 
         16       together for you.  And so our company,
 
         17       Intermedia Communications, did step up to the
 
         18       plate and said, we will take responsibility for
 
         19       helping to organize such a program for the
 
         20       entire state of Florida.
 
         21            And so what I'd like to take you through
 
         22       briefly this morning is how we created the
 
         23       NetDay 96 organization, the strategies and
 
         24       tactics that we used to implement the statewide
 
         25       program; want to talk briefly about what we
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          1       accomplished; and then where we go from here,
 
          2       how we're going to build on our success.
 
          3            The concept of NetDay originally started
 
          4       back in mid 1995, and was envisioned by two
 
          5       gentlemen in California, John Gage, a chief
 
          6       scientist at Sun Microsystems; and
 
          7       Michael Kauffman, who is a teacher and a radio
 
          8       personality at KQED.  And they said, we don't
 
          9       think we can wait for the information
 
         10       superhighway, with the price tag that it's
 
         11       currently carrying, to come to our kids.
 
         12            So they set about on a course to get
 
         13       volunteerism, community folks like you and I, to
 
         14       come out into the schools to actually physically
 
         15       pull wire into those schools.  And they also set
 
         16       about in a course to get corporate donations so
 
         17       that we could save taxpayer dollars.
 
         18            The result of that was the first NetDay
 
         19       which occurred in California on March 9th of
 
         20       1996, with more than one-quarter of the schools
 
         21       in California being wired in a single day.  It
 
         22       was an extraordinary accomplishment, and one
 
         23       that President Clinton and Vice President Gore
 
         24       also noticed, and then decided to issue a
 
         25       challenge to the rest of the nation to get
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          1       involved as well.
 
          2            Florida took on that challenge, and
 
          3       October 26th we began targeting as Florida's
 
          4       NetDay to coincide with the National NetDay.
 
          5            The original goals of NetDay were very
 
          6       simple:  First, and most important, to raise
 
          7       public awareness about the educational benefits
 
          8       and opportunities of electronic communications.
 
          9            And perhaps most important was to increase
 
         10       volunteerism in our school system.  We all know
 
         11       how important it is to have volunteers in our
 
         12       schools.
 
         13            Also very, very important to host an
 
         14       Internet forum to link parents, teachers,
 
         15       grants, proposals, and the education community.
 
         16       And it was a chance to learn to model innovative
 
         17       programs on the Internet.
 
         18            Finally, part of the goals were to provide
 
         19       a venue on the Web in which the general public
 
         20       and the companies could register to support
 
         21       schools on an ongoing basis.
 
         22            It's also interesting to note that almost
 
         23       every school in Florida now has its own Web page
 
         24       on the Internet through this program.  And so
 
         25       now teachers and community citizens can now
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          1       communicate via the Internet on any area of
 
          2       importance to their particular school.
 
          3            And finally, created momentum for community
 
          4       support on a continuing basis, and allowed for a
 
          5       greater drive for connectivity to the outside
 
          6       world.
 
          7            So how did we go about putting the
 
          8       foundation together that -- so that we could
 
          9       accomplish NetDay?
 
         10            We realized early on, based on what we
 
         11       learned in California and some of the good and
 
         12       bad things that happened there, and that we
 
         13       wanted to start building a foundation, a very
 
         14       strong foundation from the top down.
 
         15            And we realized the only way to do that was
 
         16       to have a true partnership and a true alliance
 
         17       between business, government, and education
 
         18       leaders.  And what we needed from all of those
 
         19       individual groups of folks were endorsements,
 
         20       saying that NetDay is a good thing for our
 
         21       state.  We needed volunteerism support and
 
         22       individuals to come out and help us get those
 
         23       schools wired.  And we also needed funding.
 
         24            So we started at the top, and we came early
 
         25       in August to meet with Governor Lawton Chiles
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          1       and Commissioner Brogan, who very early on
 
          2       bought into the concept of NetDay and said, yes,
 
          3       we believe that this is good for our children,
 
          4       we believe that this is good for the state.
 
          5            And the Commissioner tells us that the
 
          6       beauty of NetDay is that it doesn't have any
 
          7       boundaries, and that it enhances all children
 
          8       and all schools.  And he's absolutely right.
 
          9            So having the endorsement of the Governor
 
         10       and the Education Commissioner allowed us to go
 
         11       out into the public, statewide, and create an
 
         12       organization that would allow us to pull
 
         13       together a team of people so that we could serve
 
         14       the broadest community and the greatest number
 
         15       of children.
 
         16            The NetDay organizing team is truly a
 
         17       composite of the folks at our company,
 
         18       Intermedia Communications, in conjunction with
 
         19       Bill Schmid and all the people at FIRN; and in
 
         20       addition, to working very, very closely with
 
         21       many, many folks at the Department of Education.
 
         22            Together we worked with all 67 counties and
 
         23       the district superintendents and the key
 
         24       district contacts in those counties.  We worked
 
         25       through the education foundations, which are
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          1       those bodies that currently have the
 
          2       relationships with business and the educational
 
          3       institutions.  And we began to embark on a
 
          4       process to get corporate partners who would
 
          5       actually fund this endeavor.
 
          6            Together we worked through site
 
          7       administrators.  And the site administrators are
 
          8       principals and vice principals in each and every
 
          9       school that wanted to participate.  And those
 
         10       site administrators helped us to develop school
 
         11       organizers, helped to pool together
 
         12       technicians.
 
         13            And together, over 20,000 volunteers on a
 
         14       single day ended up wiring approximately
 
         15       1200 schools.  So it was quite an outstanding
 
         16       effort by the notion of creating team and
 
         17       disbursing the opportunities for everyone to
 
         18       participate.
 
         19            When we first approached the
 
         20       state of Florida in June of 1996 to understand
 
         21       where we were as a baseline we understood.  And
 
         22       the DOE was reporting at that time that
 
         23       40 percent of the Florida public schools were
 
         24       wired with some sort of wiring infrastructure,
 
         25       and a balance of those schools which would be
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          1       wired within three years with either retrofit
 
          2       dollars or technology grants.
 
          3            Enter NetDay.  As we began to present the
 
          4       opportunity, and officially launch NetDay in all
 
          5       67 counties, we began to create awareness and
 
          6       long lasting community involvement, and buy in
 
          7       that we could actually make a difference on a
 
          8       statewide basis.
 
          9            So the goal was to initially wire or
 
         10       address technology needs county by county so
 
         11       that nobody was left out.  And our initial
 
         12       assessment allowed us to be able to target
 
         13       1,000 to 1200 schools.
 
         14            How the process actually came together was,
 
         15       Victoria Zepp and myself traveled throughout the
 
         16       state meeting with district, education, and
 
         17       business leaders.
 
         18            We then created a Web-based support and
 
         19       information system.  You can actually go into
 
         20       the Internet and pull up not only the NetDay 96
 
         21       home page, which is the national home page, but
 
         22       you can actually come into Florida's home page
 
         23       and get any school in the state of Florida, and
 
         24       any school's Web page that you would like to, to
 
         25       find out how many school -- how many kids are in
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          1       their school, what's going on at their
 
          2       respective school.
 
          3            And we communicated with the schools and
 
          4       with the district superintendents on an ongoing
 
          5       basis through E-mail, teleconferences, satellite
 
          6       broadcasts, and ongoing personal visits.
 
          7            We then built a very sophisticated database
 
          8       that allowed us to manage the project.  And some
 
          9       of those reports, which are far too detailed to
 
         10       get into today, appear in your binders, your
 
         11       NetDay binders, where we've actually provided
 
         12       very specific data by county and by school for
 
         13       your future reference.
 
         14            We then helped to facilitate the purchase
 
         15       of NetDay kits.  NetDay kits were being donated
 
         16       by corporate sponsors.
 
         17            And on average, a NetDay kit would allow
 
         18       for the following to occur within a school:  For
 
         19       five classrooms and a media center to be wired.
 
         20       So there was a great deal of work to be done in
 
         21       raising money so that wiring kits could be
 
         22       donated to every school that wanted to
 
         23       participate.
 
         24            We helped to raise some of the funds to do
 
         25       that.  And then we targeted and matched the
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          1       corporate partners to those schools that were in
 
          2       need and that wanted to participate.
 
          3            And this, if you will, is just a list of
 
          4       corporate partners.  I'm happy to say that there
 
          5       are over 200 corporate partners that
 
          6       participated in NetDay.  This list goes on and
 
          7       on and on, so we won't -- and we won't have time
 
          8       to read them all.
 
          9            But let me just suggest to you that they
 
         10       come from virtually every industry segment,
 
         11       tele cos, cables, electric companies,
 
         12       manufacturing companies, distribution companies,
 
         13       entertainment companies, restaurant chains,
 
         14       professional sports teams, the military,
 
         15       agricultural firms, the banking industry, the
 
         16       insurance industry, the retail industry, the
 
         17       educational industry; as well, computer
 
         18       companies, technology firms, radio, television,
 
         19       print firms, transportation companies, and the
 
         20       list goes on and on and on.
 
         21            So we were very, very proud of the
 
         22       commitment of our corporations here in the state
 
         23       of Florida, as well as individuals who chose to
 
         24       donate to respective and individual schools on
 
         25       their own.
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          1            I think we have a very, very strong
 
          2       business partnership here in Florida with
 
          3       education, and it's one that has not been seen
 
          4       duplicated like we've seen here in almost any
 
          5       other state in the nation.  So we really do have
 
          6       something to be proud of.
 
          7            In terms of what those partners were able
 
          8       to contribute; in total, we were able to raise a
 
          9       little over 8 million dollars.  That's an
 
         10       astounding figure, because it happened in
 
         11       94 days.
 
         12            We went from concept to almost
 
         13       8 million dollars in 94 days.  Where those
 
         14       dollars came from were a number of sources,
 
         15       mostly corporate donations, foundations, grants,
 
         16       as well as caring individuals.
 
         17            The major corporate sponsors, I would
 
         18       suggest to you, were the phone companies
 
         19       throughout the state of Florida, as well as
 
         20       200 additional corporate sponsors; and as I
 
         21       said, many foundations and grants.
 
         22            But the most reassuring, I'm happy to say,
 
         23       that break the mold, did participate in putting
 
         24       back into the community some of the dollars for
 
         25       NetDay.
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          1            (Secretary Mortham exited the room.)
 
          2            MS. SAMSON:  So if you looked around the
 
          3       state after NetDay on October 26th, what we saw
 
          4       was that we had accomplished our initial
 
          5       mission, and that we learned one very important
 
          6       thing, that NetDay was not a day, but rather a
 
          7       concept, and that NetDays will go on and on and
 
          8       on until the job of wiring every school in every
 
          9       classroom in the state of Florida is complete.
 
         10            And then it will go on from there, because
 
         11       hardware will be needed, and software will be
 
         12       needed, and instructional technology, and
 
         13       curriculum development, and teacher training and
 
         14       student learning.  And we are going to be here
 
         15       to ensure that we can aid you all in the process
 
         16       of having that happen for Florida's kids.
 
         17            On October 26th, we were able to confirm
 
         18       that over 20,000 volunteers wired more than
 
         19       800 schools that afternoon.  Since then,
 
         20       approximately 300 additional schools have been
 
         21       wired.  And the DOE is now reporting that
 
         22       70 percent of Florida public schools are wired,
 
         23       along with hundreds of private schools.
 
         24            Our goal is to get our hands around as many
 
         25       other private schools as we can.
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          1            Well, what does that mean, what will the
 
          2       ripple effect of NetDay 96 be?
 
          3            Certainly NetDay 96 has generated a great
 
          4       deal of press coverage.  There were over
 
          5       120 print stories printed in various and sundry
 
          6       newspapers across the state of Florida in
 
          7       94 days.  We had continuous statewide
 
          8       television, radio exposure on all the major
 
          9       networks and stations.
 
         10            But more important than the print
 
         11       awareness, the media awareness, was truly the
 
         12       community awareness that NetDay created.  And
 
         13       perhaps most importantly, NetDay has created a
 
         14       core of long-term support and involvement for
 
         15       our schools.
 
         16            We now have new corporate partners, new
 
         17       mentors, new volunteers for our schools, and new
 
         18       local leadership in our school system.  And if
 
         19       that's all we accomplished, and only one school
 
         20       not wired, we've done a great thing, because
 
         21       it's the new wealth and leadership, and the new
 
         22       mentoring and the new volunteers that are really
 
         23       going to carry our schools into the future.
 
         24            So what's next for Florida school
 
         25       children?  We're going to have a little fun.
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          1       And we're going to make sure they do, too.
 
          2       We're going to make sure that they have fun in
 
          3       learning.
 
          4            So what's next is NetDay 2000.  We will
 
          5       officially be launching, along with
 
          6       Commissioner Brogan at 1:00 o'clock, and
 
          7       Bill Schmid at 1:00 o'clock today, NetDay 2000,
 
          8       which is the initiative that's going to take us
 
          9       from where we are today, into where we want to
 
         10       be by the year 2000.  And NetDay initiatives
 
         11       will occur between now and then.
 
         12            NetDay 2000 is intended to go beyond the
 
         13       basic wiring infrastructure, and to assume a
 
         14       greater role in helping communities develop
 
         15       partnerships that help our educators and our
 
         16       students reach their long-term goals.
 
         17            The first NetDay -- or the next NetDay of
 
         18       this new year will be NetDay 97, slated for
 
         19       Saturday, April 19th, 1997.  And on that day, we
 
         20       intend to complete the inside wiring of every
 
         21       public school in Florida.
 
         22            I know that's -- it's a stretch, it seems
 
         23       like a stretch, but we felt what we've already
 
         24       done seemed like a bigger stretch.  We've got a
 
         25       model in place, we think we can get it done.
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          1            We also know that it's very important to
 
          2       impact the technology plans for independent
 
          3       private schools as well.  We're talking about a
 
          4       public and private school initiative.
 
          5            We will continue to stimulate and
 
          6       facilitate community activism and a
 
          7       collaboration, if necessary, to connect every
 
          8       K through 12 classroom to the world, and focus
 
          9       resources on schools and communities that are
 
         10       underserved today.
 
         11            The national NetDay goals are consistent
 
         12       with our own.  They're to identify, highlight,
 
         13       and develop incentive and affinity programs to
 
         14       assist educators in acquiring the necessary
 
         15       tools for the future; to identify and develop
 
         16       programs that highlight the resources,
 
         17       opportunities, and practices that optimize the
 
         18       Internet for our kids; encourage and participate
 
         19       in discussions that evaluate the impact of
 
         20       technology on education.
 
         21            This is very important.  What is the impact
 
         22       of what we're doing going to be?  I think it's
 
         23       very important that we continue to report back
 
         24       to you what the impact is of these initiatives,
 
         25       and evaluate the impact of NetDay on schools,
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          1       their communities, and their partners.
 
          2            So we're going to now be building on even a
 
          3       stronger foundation than we started with.  I'm
 
          4       here today to commit to you the resources at
 
          5       Intermedia Communications so that we may, with
 
          6       the Department of Education, and with FIRN,
 
          7       continue to spearhead and underwrite the
 
          8       organization and administration of NetDay 2000,
 
          9       through the year 2000.
 
         10            We will continue to attract additional
 
         11       corporate partners, increase volunteerism and
 
         12       community participation in our schools, and work
 
         13       to bring new opportunities to each and every
 
         14       district within the state of Florida.
 
         15            What we need from you as partners in this
 
         16       process --
 
         17            Woops.  We'll go back one.
 
         18            (Secretary Mortham entered the room.)
 
         19            MS. SAMSON:  The most important page we
 
         20       skipped by.  So let me just briefly tell you
 
         21       what we need from you in the process.
 
         22            Well, what we've learned today is
 
         23       technology is not a perfect thing.  And as with
 
         24       our presentation, so, too, will we have issues
 
         25       with NetDay and other ongoing initiatives.
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          1            What we need from you all is to ensure that
 
          2       we can garner public endorsements and support of
 
          3       NetDay 2000 by the Governor's office, by the
 
          4       DOE, by FIRN, and to ensure that the state of
 
          5       technology infrastructure is prepared to handle
 
          6       the onslaught of traffic that is going to be
 
          7       generated by Florida school children.
 
          8            And we have every confidence that FIRN will
 
          9       have the resources necessary to beef up the
 
         10       network, if need be, to handle the onslaught of
 
         11       traffic.
 
         12            We also need you to consider creating a
 
         13       long-term funding mechanism for matched funds,
 
         14       or -- evaluating inclusion in existing matched
 
         15       fund programs so that we continue to attract the
 
         16       kinds of corporate giving that we're able to
 
         17       attract today.
 
         18            And we'd also like to ask you to encourage
 
         19       other agencies and in the state in general, and
 
         20       its various constituents to use your leverage
 
         21       and influence to achieve, and to help achieve,
 
         22       the NetDay 2000 goals for all our kids.
 
         23            So thank you very much for indulging me
 
         24       with some of these technical difficulties.  It
 
         25       truly has been -- I would have to say for me
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          1       participating in NetDay, the most rewarding
 
          2       program or opportunity that I have ever
 
          3       participated in.
 
          4            And I'd really just like to thank everyone
 
          5       on the Cabinet, and everyone in the audience,
 
          6       and everyone who participated in NetDay, those
 
          7       20,000 people deep, because together is the only
 
          8       way that we could have made this happen.
 
          9            So thank you, Commissioner Brogan;
 
         10       thank you, Bill.
 
         11            COMMISSIONER BROGAN:  Thank you.
 
         12            GOVERNOR CHILES:  We certainly want to
 
         13       thank you and all the people in your group --
 
         14       committee that worked on this.  I think it is an
 
         15       outstanding -- outstanding job for the state.
 
         16       And it looks like, again, you have some very
 
         17       comprehensive plans for the future.
 
         18            What I think our task is -- and that's all
 
         19       of our task -- I know your group is going to be
 
         20       working, is how do we keep the momentum, how do
 
         21       we keep this from being something that went up.
 
         22       Because we all know that what we've done is the
 
         23       start-up.  Maybe we've laid some wire.
 
         24            But now, you know, coming with the -- all
 
         25       of the software, all of the training, all of the
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          1       equipment, all of the things that are needed to
 
          2       make this fulfill the dream that we have for it,
 
          3       and to allow a true equalization of quality
 
          4       education around the state -- the entire state,
 
          5       which it -- it could give us that ability, is
 
          6       even a more difficult task.
 
          7            You've mentioned something about
 
          8       cooperative or matching funding, a funding
 
          9       source, and I guess that's really what I want to
 
         10       get to.
 
         11            Do we have any idea of what our needs will
 
         12       be?  We know the federal government will be
 
         13       participating some.
 
         14            But, you know, what our needs will be for,
 
         15       say, state or state and private matching share
 
         16       to carry this out, and do we have any sort of
 
         17       timetable that we need X number of dollars for
 
         18       this year, so much for the next year, so much to
 
         19       get to 2000, where the goal, of course, is that
 
         20       we have every school wired.
 
         21            Goals are wonderful, and I'm all for it.
 
         22       But there was a White House goal that was passed
 
         23       a president ago that said, you know, by the year
 
         24       2000, all of these things are going to be done.
 
         25       And I think everybody knows that that goal will
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          1       not be accomplished now, that there's no way of
 
          2       getting there.
 
          3            So we've laid this out.  Do we have a plan
 
          4       so at least we could require ourselves to say,
 
          5       well, we knew what we had to do, we didn't do it
 
          6       here, we didn't do it there.  I think that would
 
          7       be terribly important to motivate us and make us
 
          8       go forward with this.  And --
 
          9            MS. SAMSON:  I appreciate very much your
 
         10       comments.  And you make -- you ask a lot of
 
         11       questions in the same -- same vein.
 
         12            And so what I would like to suggest to you
 
         13       is that much of the money that has been raised
 
         14       in the year 1996 will take us through 1997.
 
         15            Six million of the dollars of the eight
 
         16       were contributed by Bell South.  And that is for
 
         17       the wiring of every school within their
 
         18       district.  And as you know, they cover a large
 
         19       portion of the state, in addition to the
 
         20       provision of services.
 
         21            What we haven't yet begun to address is the
 
         22       computers, and the peripheral devices, and the
 
         23       wide area network kinds of equipment that we
 
         24       will need to take a look at to determine what
 
         25       the total costs for the state would look like.
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          1            But we now have a basis, with the knowledge
 
          2       and information that we've been able to garner,
 
          3       to go back and comprehensively take that look.
 
          4       And I know that Bill Schmid and FIRN also have a
 
          5       great deal of information that we can
 
          6       collaborate on to come up with a proposed budget
 
          7       or plan that will allow us to know where we need
 
          8       to go from here.
 
          9            I do believe that we will be able to raise
 
         10       the corporate dollars necessary to complete the
 
         11       wiring of the schools that we're talking about.
 
         12            The next steps though are questionable at
 
         13       this time, because it is going to take a great
 
         14       deal of money to get computers into the
 
         15       classroom, and to bring those services to each
 
         16       and every school.
 
         17            I don't know if there's anything that you
 
         18       would like to add, Bill.
 
         19            MR. SCHMID:  Sure.
 
         20            What separates Florida from the other
 
         21       states is because Florida has a statewide
 
         22       educational network.  All of those schools that
 
         23       got wired in -- with NetDay 96 can now connect
 
         24       themselves to the Florida Information Resource
 
         25       Network at a very reduced cost.  They don't have
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                             STATE BOARD OF EDUCATION
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                                                              65
 
          1       to shop for an Internet provider.  That gets
 
          2       very expensive.
 
          3            The technology incentive dollars that were
 
          4       appropriated this year -- I think it was
 
          5       66 million, and I believe there's additional
 
          6       funds in next year's budget -- some of those
 
          7       dollars can be used for the connectivity issues
 
          8       involved in connecting to FIRN and the
 
          9       Internet.
 
         10            But Barbara is right, we don't have a solid
 
         11       figure that we can say, we need X amount of
 
         12       dollars to make this happen by the year 2000.
 
         13       And it's definitely something we need to work
 
         14       at.
 
         15            GOVERNOR CHILES:  Thank you.
 
         16            COMMISSIONER BROGAN:  Thank you.
 
         17            And, Governor, I'd just very quickly, at
 
         18       the risk of being redundant, also want to thank
 
         19       Barbara and Victoria, Intermedia, Bill Schmid,
 
         20       and you, for your support of the NetDay
 
         21       activities.
 
         22            It was very rewarding to see corporate
 
         23       America and volunteer America step up to the
 
         24       plate and try to help fill a void that we all
 
         25       across our country face in providing appropriate
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                                                              66
 
          1       technology for children.
 
          2            And while wiring is not as sexy as the
 
          3       bells and whistles that come with computers and
 
          4       software, without it, all we're left with is a
 
          5       three pronged plug to nowhere.  And that's why
 
          6       it's essential that we're now able to see more
 
          7       hardware and software placed in schools, where
 
          8       once we couldn't.  But it's a beginning.
 
          9            And you're right, we've got far to go by
 
         10       the year 2000.  And like you, I feel a great
 
         11       deal of -- of loss at the fact that we're still
 
         12       going to be so far away from so many of those
 
         13       national goals by the year 2000.
 
         14            And I agree with you, that it's time to
 
         15       act, and appreciate your cooperation and your
 
         16       assistance again.  Hope we can count on it in
 
         17       the future, and I'm sure we can.
 
         18            GOVERNOR CHILES:  Well, I will look forward
 
         19       to the report that you come up with, which
 
         20       I think we need, to track the critical path that
 
         21       shows us the dates and times and needs.
 
         22            I think it might also somehow be important
 
         23       if we could start keeping a scorecard of where
 
         24       every school is in regard to this.  And just
 
         25       like we're having that scorecard now on the
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                                                              67
 
          1       schools that are accomplishing, and those that
 
          2       are not, you know, a part of that -- or some
 
          3       scorecard ought to be, where is every school so
 
          4       we can see.
 
          5            It's kind of like that thermometer of the
 
          6       United Way or something --
 
          7            MS. SAMSON:  Uh-hum.
 
          8            GOVERNOR CHILES:  -- I want the people to
 
          9       see.  I think all of us need to see --
 
         10            MS. SAMSON:  Uh-hum.
 
         11            GOVERNOR CHILES:  -- are we really going
 
         12       forward, because I think a lot of us almost tend
 
         13       to think, well, we've had that day, we're going
 
         14       to wire everything up.
 
         15            But we know that that's the -- the tip of
 
         16       what we need to do here.
 
         17            MS. SAMSON:  Absolutely.  And here is a
 
         18       portion of the scorecard.  We will be happy to
 
         19       provide --
 
         20            GOVERNOR CHILES:  Terrific.
 
         21            MS. SAMSON:  -- more.  This is -- this will
 
         22       give you an update county by county as to the
 
         23       number of schools --
 
         24            GOVERNOR CHILES:  Good.
 
         25            MS. SAMSON:  -- every county, and the
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                                                              68
 
          1       number of schools that were wired in each
 
          2       county.  And what their future plans for wiring
 
          3       the balance are.
 
          4            So we think we have a pretty good handle.
 
          5       And as Bill said, it's a start.  But we really
 
          6       think we know where we can go from here.
 
          7            GOVERNOR CHILES:  Good.  Thank you.
 
          8            MS. SAMSON:  Thank you.
 
          9            COMMISSIONER BROGAN:  Get a picture of the
 
         10       Cabinet and the ladies and --
 
         11            GOVERNOR CHILES:  Pardon?
 
         12            COMMISSIONER BROGAN:  Get a picture of the
 
         13       Cabinet and the ladies and --
 
         14            GOVERNOR CHILES:  Oh.  Would y'all come
 
         15       up?  We'd like to get a picture --
 
         16            COMMISSIONER BROGAN:  Would you and Bill
 
         17       and Victoria come up for a quick --
 
         18            GOVERNOR CHILES:  Photo opportunity here.
 
         19            (Discussion off the record.)
 
         20            GOVERNOR CHILES:  Yes, sir.
 
         21            MR. PIERSON:  Our Item 4 is the annual
 
         22       recommendation required by statute on fees and
 
         23       adult vocational job preparation and vocational
 
         24       supplemental programs.
 
         25            COMMISSIONER BROGAN:  Move approval,
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                                                              69
 
          1       Governor.
 
          2            SECRETARY MORTHAM:  Second.
 
          3            GOVERNOR CHILES:  Moved and seconded.
 
          4            Without objection, it's approved.
 
          5            (Treasurer Nelson exited the room.)
 
          6            MR. PIERSON:  Item 5 is an amendment to
 
          7       State Board Rule 6A-1.0453 on Educational
 
          8       Program Audits.
 
          9            COMMISSIONER BROGAN:  Move approval.
 
         10            COMMISSIONER CRAWFORD:  Second.
 
         11            GOVERNOR CHILES:  Moved and seconded.
 
         12            Without objection, it's approved.
 
         13            MR. PIERSON:  Item 6 is a new rule,
 
         14       6A-6.078, procedures for appealing a district
 
         15       School Board decision denying application for a
 
         16       charter school.
 
         17            You have in your agenda packet information
 
         18       on two amendments of this rule, and
 
         19       correspondence from JAPC concerning the rule.
 
         20            And Mr. Mike Olenick, our general counsel,
 
         21       is available if you have questions.
 
         22            COMMISSIONER BROGAN:  Governor, I'd like to
 
         23       move the rule as amended as you've got in your
 
         24       information there.
 
         25            GOVERNOR CHILES:  All right.
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          1            COMPTROLLER MILLIGAN:  Second.
 
          2            GOVERNOR CHILES:  Moved as amended, and
 
          3       seconded.
 
          4            Without objection, it's approved.
 
          5            MR. PIERSON:  Items 7 and 8 are rules of
 
          6       the Florida School for the Deaf and Blind.
 
          7            And President Dawson is in the audience if
 
          8       you have questions.
 
          9            COMMISSIONER BROGAN:  Move approval.
 
         10            SECRETARY MORTHAM:  Second.
 
         11            GOVERNOR CHILES:  Moved and seconded.
 
         12            Without objection, they're approved.
 
         13            COMMISSIONER BROGAN:  And by the way,
 
         14       Governor, that was Items 7 and 8.
 
         15            GOVERNOR CHILES:  Yes, sir.
 
         16            COMMISSIONER BROGAN:  I apologize.
 
         17            GOVERNOR CHILES:  Both of them.
 
         18            MR. PIERSON:  Item 9 is an amendment to
 
         19       tenure and permanent status rule,
 
         20       State University System, Rule 6C-5.940.
 
         21            COMMISSIONER BROGAN:  Move approval.
 
         22            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         23            GOVERNOR CHILES:  Moved and seconded.
 
         24            Without objection, that's approved.
 
         25            MR. PIERSON:  Item 10 is Florida Board of
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          1       Regents request approval to exercise the right
 
          2       of eminent domain.
 
          3            And Lou Murray from Florida A&M,
 
          4       Gregg Gleason from the General Counsel of the
 
          5       Board of Regents, and Bob Scanlan from the
 
          6       Attorney General's Office are available.
 
          7            COMMISSIONER BROGAN:  Move approval.
 
          8            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
          9            GOVERNOR CHILES:  Moved and seconded.
 
         10            Without objection, it's approved.
 
         11            MR. PIERSON:  Item 11, reappointments to
 
         12       the Florida Board of Regents.
 
         13            COMMISSIONER BROGAN:  Move approval.
 
         14            Let the record reflect that is Jon Moyle
 
         15       and Jim Heekin reappointed to the Florida
 
         16       Board of Regents.
 
         17            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         18            GOVERNOR CHILES:  Moved and seconded.
 
         19            Without objection, it's approved.
 
         20            MR. PIERSON:  Item 12, reappointments to
 
         21       the State Board of Community Colleges.
 
         22            COMMISSIONER BROGAN:  And let the record
 
         23       reflect that's John Belohlavek and George Platt
 
         24       reappointed to the State Board of Regents -- or
 
         25       Community Colleges, excuse me.
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          1            SECRETARY MORTHAM:  Second.
 
          2            GOVERNOR CHILES:  Moved and seconded.
 
          3            Without objection, it's approved.
 
          4            SECRETARY MORTHAM:  Governor --
 
          5            GOVERNOR CHILES:  Yes.
 
          6            SECRETARY MORTHAM:  -- I'd like to request
 
          7       on Item 9 that Chancellor Reed gives us a
 
          8       statement as to how this rule will affect in any
 
          9       way anything that really happens at the
 
         10       State University level.  Just a report.
 
         11            GOVERNOR CHILES:  Fine.
 
         12            SECRETARY MORTHAM:  Thank you.
 
         13            GOVERNOR CHILES:  Let the record reflect
 
         14       that.
 
         15            MR. PIERSON:  Thank you.
 
         16            (The State Board of Education Agenda was
 
         17       concluded.)
 
         18                             *
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25
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                            ADMINISTRATION COMMISSION
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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       November 19th, 1996.
 
          6            SECRETARY MORTHAM:  Move approval.
 
          7            COMMISSIONER BROGAN:  Second.
 
          8            GOVERNOR CHILES:  Moved and seconded.
 
          9            Without objection, they're approved.
 
         10            DR. BRADLEY:  Item number 2 has two parts.
 
         11       Part 1 is recommend approval by the State
 
         12       Council on Competitive Government of the
 
         13       following state services for competitive
 
         14       bidding:  State vehicle maintenance and
 
         15       tracking, and computer-based scheduling and test
 
         16       administration.
 
         17            SECRETARY MORTHAM:  Move approval.
 
         18            COMMISSIONER BROGAN:  Second.
 
         19            GOVERNOR CHILES:  Moved and seconded.
 
         20            Without objection, that's approved.
 
         21            DR. BRADLEY:  The second part was that --
 
         22       final action on the following State services are
 
         23       not recommended for competitive bidding:
 
         24       Aircraft operations and maintenance, and
 
         25       professional facility inspections.
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          1            (Treasurer Nelson entered the room.)
 
          2            SECRETARY MORTHAM:  I move approval of that
 
          3       as well.
 
          4            COMMISSIONER BROGAN:  Second.
 
          5            GOVERNOR CHILES:  It's been moved and
 
          6       seconded.
 
          7            Without objection, it's approved.
 
          8            DR. BRADLEY:  All right.  Item number 3,
 
          9       recommend the approval for authorization to
 
         10       establish four positions in excess of the number
 
         11       fixed by the Legislature in the Department of
 
         12       Community Affairs.
 
         13            ATTORNEY GENERAL BUTTERWORTH:  Motion.
 
         14            GOVERNOR CHILES:  Moved and --
 
         15            COMMISSIONER BROGAN:  Second.
 
         16            GOVERNOR CHILES:  -- seconded.
 
         17            Without objection, it's approved.
 
         18            DR. BRADLEY:  Item number 4, recommend the
 
         19       approval of the transfer of general revenue
 
         20       appropriations in the Department of Education.
 
         21            COMMISSIONER BROGAN:  Move approval.
 
         22            SECRETARY MORTHAM:  Second.
 
         23            COMPTROLLER MILLIGAN:  Second.
 
         24            GOVERNOR CHILES:  Moved and seconded.
 
         25            Without objection, it's approved.
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          1            DR. BRADLEY:  Item number 5, recommend the
 
          2       approval to establish four positions in excess
 
          3       of the number fixed by the Legislature in the
 
          4       Department of Elder Affairs.
 
          5            COMMISSIONER BROGAN:  Move approval.
 
          6            SECRETARY MORTHAM:  Second.
 
          7            COMPTROLLER MILLIGAN:  Second.
 
          8            GOVERNOR CHILES:  Moved and seconded.
 
          9            Without objection, that's approved.
 
         10            DR. BRADLEY:  Item number 6 is recommend
 
         11       the approval of the transfer of general revenue
 
         12       appropriation under Items A, B, and C in the
 
         13       Department of Children and Family Services.
 
         14            COMMISSIONER BROGAN:  Governor, I'll move
 
         15       approval of Items 6 A, B, and C.
 
         16            SECRETARY MORTHAM:  Second.
 
         17            GOVERNOR CHILES:  Moved and seconded.
 
         18            Without objection, that's approved.
 
         19            DR. BRADLEY:  Item number 7, recommend
 
         20       approval to establish one position in excess of
 
         21       the number fixed by the Legislature in the
 
         22       Department of Juvenile Justice.
 
         23            COMMISSIONER BROGAN:  Move approval.
 
         24            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         25            GOVERNOR CHILES:  Moved and seconded.
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          1            Without objection, it's approved.
 
          2            DR. BRADLEY:  Item number 8, recommend
 
          3       approval of the transfer of 20,000 general
 
          4       revenue appropriations in the Department of
 
          5       Labor and Employment Security.
 
          6            COMMISSIONER BROGAN:  Move approval.
 
          7            SECRETARY MORTHAM:  Second.
 
          8            GOVERNOR CHILES:  Moved and seconded.
 
          9            Without objection, it's approved.
 
         10            DR. BRADLEY:  Item number 9 is recommend
 
         11       approval of Items A and B in the Department of
 
         12       Management Services.
 
         13            ATTORNEY GENERAL BUTTERWORTH:  Motion.
 
         14            GOVERNOR CHILES:  Moved.
 
         15            ATTORNEY GENERAL BUTTERWORTH:  Do you want
 
         16       to second it, Bill?
 
         17            TREASURER NELSON:  Second.
 
         18            GOVERNOR CHILES:  Moved and seconded.
 
         19            Without objection, it's approved.
 
         20            DR. BRADLEY:  That's all for the
 
         21       Administration Commission, Governor.
 
         22            (The Administration Commission Agenda was
 
         23       concluded.)
 
         24                             *
 
         25
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                      LAND AND WATER ADJUDICATORY COMMISSION
                                December 10, 1996
                                                              77
 
          1            GOVERNOR CHILES:  Florida Land and Water
 
          2       Adjudicatory Commission.
 
          3            DR. BRADLEY:  Item number 1 is request
 
          4       approval of the minutes of November 19th, 1996,
 
          5       Commission meeting.
 
          6            COMPTROLLER MILLIGAN:  Motion.
 
          7            GOVERNOR CHILES:  Moved and --
 
          8            SECRETARY MORTHAM:  Second.
 
          9            GOVERNOR CHILES:  -- seconded.
 
         10            Without objection, it's approved.
 
         11            DR. BRADLEY:  Item number 2 is request
 
         12       acceptance of the December 31st, 1996, report on
 
         13       the status of Save our Everglades Program.
 
         14       Estus Whitfield is here to -- questions or an
 
         15       overview of the new findings in the report.
 
         16            ATTORNEY GENERAL BUTTERWORTH:  Motion to
 
         17       accept.
 
         18            GOVERNOR CHILES:  Moved --
 
         19            SECRETARY MORTHAM:  Second.
 
         20            GOVERNOR CHILES:  -- motion to accept, and
 
         21       seconded.
 
         22            Without objection, that's approved.
 
         23            DR. BRADLEY:  Do you want to hear from
 
         24       Estus?
 
         25            GOVERNOR CHILES:  Well, we'll be glad to
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          1       have a little status report if he could give it
 
          2       to us.
 
          3            MR. WHITFIELD:  Thank you, Governor,
 
          4       members of the Cabinet.  I'll be real brief.
 
          5            The highlights of the Everglades
 
          6       restoration activities over the last four to
 
          7       six months are principally the federal
 
          8       government Congress has now enacted the South
 
          9       Florida Ecosystem Restoration Act --
 
         10            (Commissioner Crawford exited the room.)
 
         11            MR. WHITFIELD:  -- and that was signed by
 
         12       the President.  It should seriously expedite the
 
         13       Corps of Engineers' work toward the restudy of
 
         14       the central and southern Florida project, and
 
         15       which basic goal is to implement the restoration
 
         16       of the Everglades.
 
         17            One very important feature of that Act --
 
         18       two very important features.  One is it
 
         19       authorizes a 50 percent cost sharing between the
 
         20       State and the Corps of Engineers for all
 
         21       activities, including land acquisition, relative
 
         22       to the restoration of the Everglades.
 
         23            It authorizes the Corps of Engineers to
 
         24       construct the first of the storm water treatment
 
         25       areas, which are essential to the Everglades
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          1       Forever Act --
 
          2            (Commissioner Crawford entered the room.)
 
          3            MR. WHITFIELD:  -- as well as the federal
 
          4       act for restoring the Everglades.
 
          5            It creates a state/federal task force,
 
          6       which will have significant powers to urge the
 
          7       Corps of Engineers forward, and the restudy and
 
          8       restoration of the Everglades.  And the state of
 
          9       Florida will get five members.  The Governor
 
         10       appoints five members to that task force.
 
         11            The -- each Indian tribe gets one member,
 
         12       and the federal government gets six members.  So
 
         13       it'll be six Feds, five state, and -- and the
 
         14       two native American tribes.
 
         15            The -- the Arizona/Florida land exchange,
 
         16       which will bring 108,000 acres of Collier
 
         17       property into public ownership, which will
 
         18       largely be an addition to the Big Cypress
 
         19       National Preserve, will be approved and
 
         20       consummated on December the 18th of this year.
 
         21       So that's a process that's been going on for
 
         22       over ten years, and it appears to be on the
 
         23       brink of approval.
 
         24            The 1996 Federal Farm Bill, which
 
         25       authorized 200 million dollars of federal money
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          1       to be spent on Everglades restoration activities
 
          2       is very near coming to fruition -- fruition in
 
          3       the sense that the state and the
 
          4       Water Management District have some projects
 
          5       that are pending approval by the Department of
 
          6       Interior, which will draw down on that
 
          7       200 million dollars.
 
          8            As everybody knows by now, the -- the
 
          9       Amendment 4, penny a pound sugar fee, did not
 
         10       pass.  Amendment 5 and Amendment 6 did pass.
 
         11            Amendment 5 basically says polluters must
 
         12       pay.  That issue is going to be discussed by the
 
         13       South Florida Water Management District at a
 
         14       workshop tomorrow.  And the -- the ultimate
 
         15       determination as to the effect of Amendment 5
 
         16       will probably be weeks, months, or possibly
 
         17       years in the making.
 
         18            So it's kind of a general overview.  We
 
         19       think that Everglades is -- restoration is
 
         20       moving forward.
 
         21            Thank you.
 
         22            GOVERNOR CHILES:  Thank you, sir.
 
         23            (The Florida Land and Water Adjudicatory
 
         24       Commission Agenda was concluded.)
 
         25                             *
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                           MARINE FISHERIES COMMISSION
                                December 10, 1996
                                                              81
 
          1            GOVERNOR CHILES:  Board of Trustees.
 
          2            (Commissioner Brogan exited the room.)
 
          3            GOVERNOR CHILES:  Let's take up -- let's do
 
          4       Marine Fisheries first.  We can probably do it
 
          5       quickly.
 
          6            DR. NELSON:  Good morning.  Item A on the
 
          7       agenda would be the minutes from
 
          8       September 10th.
 
          9            Recommend approval.
 
         10            ATTORNEY GENERAL BUTTERWORTH:  Motion.
 
         11            COMPTROLLER MILLIGAN:  Motion.
 
         12            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         13            GOVERNOR CHILES:  Moved and seconded.
 
         14            Without objection, they're approved.
 
         15            DR. NELSON:  Item B are amendments to 46-4,
 
         16       the gear rule regarding cast nets and
 
         17       rebreathers.
 
         18            Recommend approval.
 
         19            COMPTROLLER MILLIGAN:  Motion.
 
         20            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         21            GOVERNOR CHILES:  Moved and seconded.
 
         22            Without objection, it's approved.
 
         23            DR. NELSON:  Item C conforms our current
 
         24       state Gulf-Atlantic king mackerel commercial
 
         25       trip limits to new federal limits.
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          1            Recommend approval.
 
          2            COMPTROLLER MILLIGAN:  Motion.
 
          3            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
          4            GOVERNOR CHILES:  Moved and seconded.
 
          5            Without objection, Item C is approved.
 
          6            DR. NELSON:  And similarly, Item D confirms
 
          7       our Atlantic king mackerel commercial limits to
 
          8       the new federal limits.
 
          9            And we recommend approval.
 
         10            SECRETARY MORTHAM:  Move approval.
 
         11            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         12            GOVERNOR CHILES:  Moved and seconded.
 
         13            Without objection, Item D is approved.
 
         14            DR. NELSON:  Item E are some minor changes
 
         15       to the flounder and sheepshead management plans.
 
         16            Recommend approval.
 
         17            SECRETARY MORTHAM:  Move approval.
 
         18            GOVERNOR CHILES:  Moved and --
 
         19            COMPTROLLER MILLIGAN:  Second.
 
         20            GOVERNOR CHILES:  -- seconded.
 
         21            Without objection, it's approved.
 
         22            DR. NELSON:  And then, finally, Item F
 
         23       establishes the State's first shad and river
 
         24       herring management plan.
 
         25            We recommend approval.
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          1            COMPTROLLER MILLIGAN:  Motion.
 
          2            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
          3            GOVERNOR CHILES:  Moved and seconded.
 
          4            Without objection, that's approved.
 
          5            DR. NELSON:  Thank you.
 
          6            (The Marine Fisheries Commission Agenda was
 
          7       concluded.)
 
          8                             *
 
          9
 
         10
 
         11
 
         12
 
         13
 
         14
 
         15
 
         16
 
         17
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25
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          1            GOVERNOR CHILES:  All right.  Trustees.
 
          2            MS. WETHERELL:  Item 1, minutes.
 
          3            SECRETARY MORTHAM:  Move approval.
 
          4            GOVERNOR CHILES:  Moved and seconded.
 
          5            Without objection, minutes are approved.
 
          6            MS. WETHERELL:  Item 2 is an option
 
          7       agreement for the Coupon Bight CARL project.
 
          8            SECRETARY MORTHAM:  Move approval.
 
          9            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         10            GOVERNOR CHILES:  Moved and seconded.
 
         11            Without objection, it's approved.
 
         12            MS. WETHERELL:  Item 3 is an option
 
         13       agreement for Watermelon Pond CARL project,
 
         14       designation of Department of Agriculture as
 
         15       managing agency, and the management policy
 
         16       statement.
 
         17            SECRETARY MORTHAM:  Move approval.
 
         18            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         19            GOVERNOR CHILES:  Moved and seconded.
 
         20            Without objection, it's approved.
 
         21            MS. WETHERELL:  Item 4 is an option --
 
         22            (Commissioner Brogan entered the room.)
 
         23            MS. WETHERELL:  -- agreement for the
 
         24       Pineland site CARL project designation of the
 
         25       Florida Museum of Natural History as the
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          1       managing agency, and the management policy
 
          2       statement.
 
          3            COMPTROLLER MILLIGAN:  Motion.
 
          4            SECRETARY MORTHAM:  Second.
 
          5            GOVERNOR CHILES:  Moved and seconded.
 
          6            Without objection, that's approved.
 
          7            MS. WETHERELL:  Item 5 is acquisition with
 
          8       Southwest Florida Water Management District for
 
          9       the Jordan Ranch CARL project, designation of
 
         10       Department of Agriculture as managing agency,
 
         11       and the management policy statement.
 
         12            SECRETARY MORTHAM:  Move approval.
 
         13            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         14            GOVERNOR CHILES:  Moved and seconded.
 
         15            Without objection, it's approved.
 
         16            MS. WETHERELL:  Item 6 is an option
 
         17       agreement for the Florida First Magnitude
 
         18       Springs CARL project.
 
         19            ATTORNEY GENERAL BUTTERWORTH:  Motion.
 
         20            SECRETARY MORTHAM:  Second.
 
         21            GOVERNOR CHILES:  Moved and seconded.
 
         22            Without objection, it's approved.
 
         23            MS. WETHERELL:  Item 7 is an option
 
         24       agreement for the Wekiva-Ocala Greenway CARL
 
         25       project and a --
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          1            ATTORNEY GENERAL BUTTERWORTH:  Motion.
 
          2            MS. WETHERELL:  -- waiver of survey.
 
          3            GOVERNOR CHILES:  Moved and --
 
          4            SECRETARY MORTHAM:  Second.
 
          5            GOVERNOR CHILES:  -- seconded.
 
          6            Without objection, it's approved.
 
          7            MS. WETHERELL:  Item 8 is a purchase
 
          8       agreement for Florida International University.
 
          9            COMPTROLLER MILLIGAN:  Motion.
 
         10            ATTORNEY GENERAL BUTTERWORTH:  Second.
 
         11            GOVERNOR CHILES:  Moved and seconded.
 
         12            Without objection, it's approved.
 
         13            MS. WETHERELL:  Item 9 is a purchase
 
         14       agreement for the Fifth District Court of
 
         15       Appeal.
 
         16            ATTORNEY GENERAL BUTTERWORTH:  Motion.
 
         17            COMMISSIONER CRAWFORD:  Second.
 
         18            GOVERNOR CHILES:  Moved and seconded.
 
         19            Without objection, it's approved.
 
         20            MS. WETHERELL:  Item 10 is an option
 
         21       agreement for the Bulow Plantation Recreation
 
         22       Parks Addition.
 
         23            ATTORNEY GENERAL BUTTERWORTH:  Motion.
 
         24            SECRETARY MORTHAM:  Move approval.
 
         25            ATTORNEY GENERAL BUTTERWORTH:  Second.
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          1            COMMISSIONER BROGAN:  Second.
 
          2            GOVERNOR CHILES:  Moved and seconded.
 
          3            Without objection, it's approved.
 
          4            MS. WETHERELL:  Item 11 is four option
 
          5       agreements for recreation parks addition for
 
          6       River Rise, waiver of survey.
 
          7            And because this is a -- an unusual item
 
          8       for us to be requesting approval, for a purchase
 
          9       price that is higher than the approved value, I
 
         10       would ask that you allow Fran Mainella, the
 
         11       Division Director, to explain to you why it's in
 
         12       the public interest to do so.
 
         13            And then we have three people who have
 
         14       traveled here today to address you.
 
         15            Fran.
 
         16            MS. MAINELLA:  Good morning, Governor,
 
         17       members of the Cabinet.
 
         18            As your State Park Director, I come to you
 
         19       very infrequently to ever ask to go above
 
         20       100 percent.  In fact, this is the only time
 
         21       that I've ever known we've come -- have asked
 
         22       you to do this.
 
         23            And the reason is because as the State Park
 
         24       Director, and as the keeper of your lands for
 
         25       State parks, this is an important issue as it
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          1       relates to the management of River Rise State
 
          2       Preserve.
 
          3            It is, in this case, 160-acre section that
 
          4       is completely surrounded by the State Preserve.
 
          5            Many times in our Additions and Inholdings
 
          6       program, we acquire properties, or rarely stick
 
          7       to the 100 percent level, because they may be
 
          8       off to the side, they may not be completely
 
          9       surrounded, and certainly not such an important
 
         10       management area as this is, particularly because
 
         11       it's a preserve, not even a State recreation
 
         12       area or a park.  It's a -- one of the more
 
         13       pristine areas called a preserve.
 
         14            This area requires a great deal of burning,
 
         15       exotic plant removal than others.  And that with
 
         16       the 160-acre -- if we do not buy that 160 acres,
 
         17       we are going to have a management problem.
 
         18            Part of the acquisition at this point is
 
         19       that it is as four 40 acre tracts.
 
         20            In actuality, it is currently zoned for
 
         21       sixteen 10-acre ranchettes.  And that is right
 
         22       now one of the popular acquisitions in the area.
 
         23            Those particular -- if we were able to have
 
         24       appraised it at that level, we would anticipate,
 
         25       based off of current sales -- and I do have
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          1       recent sales in that area of the 10-acre
 
          2       ranchettes, that the price that's in front of
 
          3       you would not even achieve 100 percent level.
 
          4            It is over 100 percent level primarily
 
          5       because it's in front of you as a 160-acre
 
          6       section.
 
          7            Right now, the sales that recently took
 
          8       place in 1996 show it at $3600 an acre, or $3500
 
          9       an acre.  But what's in front of you is
 
         10       thirty-two fifty per acre.  So we are actually
 
         11       below that price.
 
         12            We are not able at this point to bring it
 
         13       to you.  If we do not get this approved, there
 
         14       is an access -- they have requested an
 
         15       easement.  We would be coming back to you with
 
         16       a -- to look at that easement being it's
 
         17       completely surrounded by state park land.
 
         18       Normally in our past, we have had to come with a
 
         19       recommendation for that easement to be granted.
 
         20            So we would probably be looking at a
 
         21       possibility of these 10-acre ranchettes, rather
 
         22       than the 160 acre tracts.
 
         23            I can't guarantee that, but I wanted to
 
         24       make sure that you understood why the pricing is
 
         25       kind of where it's at today.
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          1            We also have with us the Friends of O'Leno,
 
          2       which this park is all part of -- joins together
 
          3       into a geopark.  They are very -- they feel it's
 
          4       very important that we acquire this.  They have
 
          5       donated their time and built a horse barn, they
 
          6       have put in trails.
 
          7            Right now, where we're talking about with
 
          8       this out, we will end up, if we don't purchase
 
          9       it, their trails and everything will be running
 
         10       right around a subdivision or a possible housing
 
         11       area.
 
         12            I would like to at this point be able to
 
         13       bring forth to you Bill Whitley from our
 
         14       citizens support organization to speak to you.
 
         15            I did want to mention to you that this park
 
         16       is so important to us that if Additions and
 
         17       Inholdings did have the power of eminent domain,
 
         18       it would be something we would be considering at
 
         19       this point in time, rather than coming to you at
 
         20       this point with just above 100 percent level.
 
         21            I'd like to have Bill Whitley, if he could,
 
         22       allow him to speak, and talk with -- from the
 
         23       citizen point of view why this is important to
 
         24       our citizens in this area, as well as to the
 
         25       resources, and to the recreation opportunities.
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          1            Bill.
 
          2            SECRETARY MORTHAM:  Before she goes, can I
 
          3       ask her a question, please, Governor?
 
          4            GOVERNOR CHILES:  Yes, ma'am.
 
          5            SECRETARY MORTHAM:  When you mentioned the
 
          6       comparables --
 
          7            MS. MAINELLA:  Yes.
 
          8            SECRETARY MORTHAM:  -- are those
 
          9       comparables -- do those comparables that you're
 
         10       using have any infrastructure on them?
 
         11            Because obviously this does not.  Meaning
 
         12       roads, water, telephone, electricity --
 
         13            MS. MAINELLA:  Some do and some don't.  So
 
         14       that would be a factor.  So that would be --
 
         15       that is a -- I know that prices that are -- on
 
         16       the market now, and some again with and without
 
         17       infrastructure are going up to the $5,000 per
 
         18       acre level.
 
         19            So that it's a possibility we may come back
 
         20       to you if this is denied to try to buy 10-acre
 
         21       ranchettes because it is so important to our
 
         22       management.
 
         23            Again, I wouldn't be here in front of you,
 
         24       or ever ask you to be over 100 percent if I
 
         25       didn't think it was critical to the management
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          1       of this park.  And you've helped us have such a
 
          2       great state park system, one of the best in the
 
          3       nation, that I just ask that we -- I know that
 
          4       this is a tough decision, and I just
 
          5       appreciate --
 
          6            GOVERNOR CHILES:  It is very, very tough.
 
          7            MS. MAINELLA:  I know it is.
 
          8            GOVERNOR CHILES:  And we understand what
 
          9       you're saying.  But I wonder, you know, if the
 
         10       price -- it's $130,000 per 40 acres.  What if it
 
         11       was $200,000?  What if it was $180,000?
 
         12            In other words, it's gone -- 88,000 is what
 
         13       the highest appraisal we've got.
 
         14            MS. MAINELLA:  Right.
 
         15            GOVERNOR CHILES:  That's appraising it not
 
         16       at -- you know, that's appraising it not at
 
         17       agricultural land or recreational land.  That's
 
         18       appraising it, is it not, at 10-acre -- or at
 
         19       ranchette prices?
 
         20            MS. MAINELLA:  The appraisals were -- and
 
         21       I'd ask Pete Mallison to help me with that.
 
         22            But my understanding, appraisal was done as
 
         23       four 40-acre tracts.  Not as the ranchettes.
 
         24            GOVERNOR CHILES:  Well, I -- you know, as
 
         25       I think of 10-acre ranchettes, and who buys
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          1       them, it is not usually people that are paying
 
          2       $5,000 an acre for a 10-acre ranchette.
 
          3            I hate to say it, but the people that are
 
          4       paying four or five thousand dollars an acre
 
          5       want a bigger tract.  And they're able to
 
          6       afford -- they've got so much money, they afford
 
          7       that bigger tract.
 
          8            Generally speaking, people that want a
 
          9       10-acre ranchette, to my knowledge, aren't
 
         10       paying that kind of money.
 
         11            The decision -- we're the public
 
         12       policymakers --
 
         13            MS. MAINELLA:  Right.
 
         14            GOVERNOR CHILES:  -- and we're getting
 
         15       ready to set public policy with this sale.  And
 
         16       it sort of is a -- the precedent I'm afraid
 
         17       we're --
 
         18            MS. MAINELLA:  Right.
 
         19            GOVERNOR CHILES:  -- setting is, no matter
 
         20       what the heck the price is, if you want it, the
 
         21       Park Service, and you desperately --
 
         22            MS. MAINELLA:  Right.
 
         23            GOVERNOR CHILES:  -- do, then we pay for
 
         24       it.  Now, this is why, in effect, you know, it's
 
         25       sometimes wise to have eminent domain --
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          1            MS. MAINELLA:  I know.
 
          2            GOVERNOR CHILES:  -- because then,
 
          3       you know, you get a chance to sort of say, what
 
          4       is the market value on this --
 
          5            MS. MAINELLA:  Right.
 
          6            GOVERNOR CHILES:  -- and what will be the
 
          7       market value?
 
          8            But, yes, they can sell it for 10-acre
 
          9       ranchettes.  But they do have to come for us for
 
         10       the easement.
 
         11            MS. MAINELLA:  They do.
 
         12            GOVERNOR CHILES:  That gives us some
 
         13       authority about what the price of that easement
 
         14       will be, what the restrictions of that easement
 
         15       will be.
 
         16            But at some stage, I don't think you just
 
         17       say to people, no matter what you want to charge
 
         18       for your property, we're going to pay it, when
 
         19       it's this much out of line with the appraisal we
 
         20       have.
 
         21            You want to take this back and appraise it
 
         22       at ranchettes --
 
         23            MS. MAINELLA:  Ranchettes.
 
         24            GOVERNOR CHILES:  -- maybe that's something
 
         25       to do.
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          1            I am not about to vote for this today --
 
          2            MS. MAINELLA:  I understand.
 
          3            GOVERNOR CHILES:  -- at this price.
 
          4       Nothing -- I don't have any great knowledge
 
          5       about the property.  But I have some feeling
 
          6       about the precedent that we're about to set.
 
          7       And it's -- whatever it takes, if it's a piece
 
          8       that we want, we are willing to do that.  And
 
          9       I'm afraid --
 
         10            MS. MAINELLA:  Right.
 
         11            GOVERNOR CHILES:  -- we've been through the
 
         12       Greenways, through other things, we've been
 
         13       taking some steps that time.
 
         14            I think at some stage, we've got to say,
 
         15       no, we do not do that.  I think it will help you
 
         16       in your negotiating stance.
 
         17            And there are other properties that --
 
         18       you know, we're a little bit like we've got some
 
         19       dollars, we're in the market to buy some things,
 
         20       we're not in the market to give away our money.
 
         21       If you want to sell us something, or you're
 
         22       willing to, and the price is halfway reasonable,
 
         23       we'll talk with you.  But not at just any
 
         24       price.
 
         25            Now, to these land owners, this may be a --
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          1       they may consider it that they're giving us the
 
          2       property.  I don't know about that.  But when I
 
          3       just look at the appraised value and what we're
 
          4       talking about giving, way too high.
 
          5            MS. MAINELLA:  I understand.  I just wanted
 
          6       to let you know why we were --
 
          7            GOVERNOR CHILES:  Yes, ma'am.
 
          8            MS. MAINELLA:  -- we were --
 
          9            GOVERNOR CHILES:  I -- and I understand
 
         10       that --
 
         11            MS. MAINELLA:  We would never do that to
 
         12       you, unless we felt it was absolut-- we needed
 
         13       to make sure you knew --
 
         14            GOVERNOR CHILES:  Yeah.
 
         15            MS. MAINELLA:  -- where our -- where we're
 
         16       coming from.
 
         17            Could I have Bill Whitley speak to you?
 
         18            GOVERNOR CHILES:  Yes, ma'am.
 
         19            MS. MAINELLA:  Thank you.
 
         20            Bill.
 
         21            MR. WHITLEY:  Thank you, Fran.
 
         22            My name is Bill Whitley.  It's an honor to
 
         23       be before you, Governor, members of the
 
         24       Cabinet.
 
         25            I think, Governor, you've hit your -- your
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          1       thumb right on exactly the obvious issue in this
 
          2       thing is how much money should the State pay.
 
          3            I would just -- and I'm not here as an
 
          4       emissary from DEP.  I'm a private citizen, I'm a
 
          5       practicing attorney, and past president of the
 
          6       friends of O'Leno Citizens Support
 
          7       Organization.
 
          8            We built a 20-stall horse barn just
 
          9       immediately south there.  It's a primitive camp
 
         10       area, there's bathrooms and so forth.  This was
 
         11       all done by volunteer efforts.  No taxpayer
 
         12       expense whatsoever in this so that the
 
         13       equestrians and other people who like to use
 
         14       this area, mountain bikers, and that kind of
 
         15       people, have a chance to use the facility.
 
         16            There is a lot of public support for this.
 
         17       And if you'd indulge me for just one second, we
 
         18       have some members from the friends of O'Leno
 
         19       that are here.
 
         20            And would y'all stand up, the Friends of
 
         21       O'Leno folks that are here about this.
 
         22            These are all volunteers, citizens --
 
         23            Thank you very much.
 
         24            -- who have done things, Doyle Linderman
 
         25       there, he's pounded a lot of nails in that barn
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          1       and done a lot of work.
 
          2            That doesn't mean by my suggestion that
 
          3       the -- that you all should unwisely spend
 
          4       taxpayer money.  I agree with the Governor
 
          5       entirely.
 
          6            That had -- if this parcel was on the
 
          7       outside edge, or not, of extreme importance --
 
          8       and I submit to you, singular in its importance
 
          9       to the park, then I would not recommend that you
 
         10       spend the money on this.
 
         11            And in -- and if I can respond very briefly
 
         12       to you, Governor, with respect to the precedent
 
         13       being set and so forth.
 
         14            This is -- this would be a precedent set
 
         15       for an inholding of great magnitude inside a
 
         16       State Preserve.  Now, to that extent, I think
 
         17       it'll be a precedent.  I don't think it's a
 
         18       precedent with respect to any other holdings, or
 
         19       any other general park areas.  This is 160 acres
 
         20       right in the center of the park.
 
         21            If you will allow me just a very crude
 
         22       homily of this, I would analogize this to being
 
         23       a thorn in the paw of our State park.
 
         24            And they all -- you know, I think they
 
         25       ought to -- we ought to pay about 35 cents to
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          1       pull that thorn out.  They think they ought to
 
          2       get 50 cents for it.
 
          3            Now, in the big scheme of things, that's
 
          4       important money.
 
          5            GOVERNOR CHILES:  Sometimes we've got to
 
          6       let the thorn fester --
 
          7            MR. WHITLEY:  Yes, sir.  I agree.  And
 
          8       sometimes it may fall out.  But sometimes it
 
          9       could turn gangrenous, and we don't want that to
 
         10       happen either.
 
         11            COMMISSIONER BROGAN:  Stop.
 
         12            MR. WHITLEY:  I've got to mix my metaphors
 
         13       some more, you can't get anywhere.
 
         14            The question is, will the State be better
 
         15       off in the future by waiting and seeing what we
 
         16       can do.  It may be.
 
         17            Let me also kind of switch gears on you
 
         18       just a second and put on my other hat.  I am the
 
         19       Vice Chairman of the Columbia County Zoning
 
         20       Board.  And as such, I hear a lot of cases.  And
 
         21       we are very concerned in Columbia County with
 
         22       jobs and growth and economic opportunity.
 
         23            And as a citizen and a friend of O'Leno, I
 
         24       have my heart there.  I think you know how I
 
         25       feel about that.
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          1            When I put on my other hat, and I'm
 
          2       standing over here with the zoning people, I'm
 
          3       going to look at that land owner when they come
 
          4       in and they ask and say, what can I do with my
 
          5       land, I'm going to say, you pay taxes on it, you
 
          6       have property rights in the state of Florida,
 
          7       and you have the right to use your land.
 
          8            And as long as it's reasonable and it's
 
          9       within the law, our Zoning Board grants that
 
         10       approval, which is what I think we should do.
 
         11            Right now, as I understand the law, they
 
         12       have the right to put on -- it's zoned
 
         13       agricultural land.  They have the right to put
 
         14       on one dwelling unit every 5 acres.  So that
 
         15       means they could put a legal maximum of 32.
 
         16            They also have a little caveat in our law
 
         17       locally there.  It says if you've got a friend
 
         18       or a relative, your mama, your grandmama's sick,
 
         19       you can put a trailer out there, too, on your
 
         20       5 acres.
 
         21            So, you know, if you really wanted to
 
         22       stretch this thing, we could have a total right
 
         23       now, without any zoning change, of 64, you know,
 
         24       houses or trailers or whatever is going to be
 
         25       out there.
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          1            With respect to the access, I practice law,
 
          2       but I don't claim to be a -- a property lawyer
 
          3       of any renowned.  But I can tell you, they do
 
          4       have an existing easement that they do use
 
          5       there.  I think it's a common law easement.
 
          6            And, of course, as you know, Governor, they
 
          7       have the right to go to court and impress an
 
          8       easement if that's their choice, either by
 
          9       declaratory action, or by other means.
 
         10            So they're going to have access to it.  You
 
         11       can't keep them off.  The question is, do they
 
         12       want to develop it; are we going to be better
 
         13       off if they do, in fact, sell these lots off to
 
         14       other folks; and then we come back here trying
 
         15       to buy them later.
 
         16            So I would submit to you that it is a hard
 
         17       question, it's a real difficult one to do.  But
 
         18       I'd ask you to seriously consider pulling that
 
         19       thorn out at this point, because I think that
 
         20       it's really not going to come out by itself, but
 
         21       it's just going to get worse.
 
         22            Thank you very much.
 
         23            GOVERNOR CHILES:  Thank you, sir.
 
         24            MS. WETHERELL:  Governor, we have two other
 
         25       people who had requested to speak:  Paul Milner,
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          1       whose also Friends of O'Leno; and then
 
          2       Judy Hancock from Florida Sierra.
 
          3            MR. MILNER:  Good morning.
 
          4            I live about a mile from the property we're
 
          5       talking about.  And you're absolutely right,
 
          6       it's entirely too much money.
 
          7            I'd heard this story eight, nine years
 
          8       ago.  They were going to hold up somebody to get
 
          9       a lot of money for that property.  It was a hunt
 
         10       club, a friend of mine, his son was a member of
 
         11       the club for awhile.
 
         12            We need it for the park, we need it for the
 
         13       State, we need it for the area.  Frankly, I'm
 
         14       not talking -- I don't want to pay that kind of
 
         15       money for it.  If we have an opportunity to go
 
         16       back and get it, I say we go full board, or go
 
         17       back and negotiate with them.
 
         18            It's -- the property has gone high around
 
         19       there.  I've owned property for twenty some
 
         20       years out there.  One time it was $2200 an
 
         21       acre.  Now it's -- where I live, it's up to
 
         22       5,000 an acre.  And that's a mile from there.
 
         23            But as far as us laying out money right
 
         24       now, I think y'all ought to look long and hard
 
         25       at it, because I know we are, and we're the
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          1       volunteers and we do love that place.  We put in
 
          2       a lot of time and effort, and so does many other
 
          3       people.
 
          4            But we've got to look at the costs.  And
 
          5       you're right.
 
          6            GOVERNOR CHILES:  Thank you.
 
          7            MR. MILNER:  Thank you very much.
 
          8       Merry Christmas.
 
          9            MS. HANCOCK:  I was going to say good
 
         10       morning, but it's too late for that.
 
         11            Judy Hancock is here representing several
 
         12       groups who support this proposal:   The Florida
 
         13       Chapter, Sierra Club; and Four Rivers Audubon,
 
         14       the local group.  But also I'm here as a
 
         15       resident of Columbia County.
 
         16            We and myself would like to express strong,
 
         17       unequivocal support for the staff recommendation
 
         18       to acquire the four parcels of 160 acres in
 
         19       River Rise State Preserve.  The River Rise
 
         20       O'Leno State Park Complex, and Ichetucknee, some
 
         21       short distance away, are jewels in the rapidly
 
         22       developing landscape of Columbia County.
 
         23            The south part of the county especially is
 
         24       experiencing phenomenal growth.  Rampant growth
 
         25       would not be an overstatement.
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          1            In the last several years, the escalation
 
          2       has been awesome.  Almost unbelievable.  And
 
          3       very worrisome to those of us who care about the
 
          4       incredible natural areas that really are the
 
          5       foundation of Columbia County and north
 
          6       Florida.  These areas, the ones that are not in
 
          7       public ownership and protection, are rapidly
 
          8       disappearing.
 
          9            And this is occurring even in the Lake City
 
         10       limits, where I live, in the last couple years.
 
         11       It's pretty -- it's pretty disturbing on how
 
         12       much of the natural area is gone.
 
         13            There is no doubt that this 160 acres would
 
         14       also be developed.  Ten-acre ranchettes in the
 
         15       middle of a State preserve would be very
 
         16       attractive and would not last long in the
 
         17       market.
 
         18            What a blow this would be to the management
 
         19       and the integrity of the preserve.  Management
 
         20       costs would increase, and any future acquisition
 
         21       efforts by the State of this 160 parcel would be
 
         22       facing higher per acre costs, and perhaps
 
         23       reluctance by property owners to sell these
 
         24       tracts to the State.
 
         25            Acquiring these sites now will save money
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          1       in the long run, and will protect the fine
 
          2       resource values of the preserve, values that are
 
          3       of significant importance to Columbia Countians,
 
          4       and to our visitors.
 
          5            We, and I, hope very much that you will
 
          6       take the step now to protect River Rise State
 
          7       Preserve, and our natural resource investment in
 
          8       this preserve, and approve the staff
 
          9       recommendation to acquire these tracts.
 
         10            For myself, my children, and my two and
 
         11       four year old grandchildren, thank you.
 
         12            GOVERNOR CHILES:  Thank you, Judy.
 
         13            MS. WETHERELL:  That concludes the
 
         14       speakers.
 
         15            GOVERNOR CHILES:  All right.  How long have
 
         16       we had the O'Leno State Park, and what is the
 
         17       size of it now?
 
         18            MS. MAINELLA:  O'Leno is -- O'Leno and
 
         19       River Rise together are 6500 acres.
 
         20            How long have we had it, Al?
 
         21            MR. GREGORY:  We started buying land in
 
         22       River Rise in 1974.
 
         23            MS. MAINELLA:  We started buying land in
 
         24       1974 at River Rise.  We did in 1984 work to try
 
         25       to do an exchange with these current land owners
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          1       and other techniques to try to avoid to ever
 
          2       come to you at 100 -- over 100 percent.
 
          3            So we have tried all the other options that
 
          4       we knew, and again, because we don't have
 
          5       eminent domain in the additions and inholdings
 
          6       program --
 
          7            GOVERNOR CHILES:  Uh-hum.
 
          8            MS. MAINELLA:  -- we just knew out of good
 
          9       conscience we needed to come to you and bring it
 
         10       to you.
 
         11            GOVERNOR CHILES:  Well, I know you've
 
         12       worked hard on it.  And if, you know, we're
 
         13       talking about 6500 acres, and we're talking
 
         14       about something that we started acquiring in
 
         15       1974 -- there was some kind of an O'Leno Park
 
         16       before 1974, as I recall, because my family
 
         17       reunion was always held at the --
 
         18            MS. MAINELLA:  Right.
 
         19            GOVERNOR CHILES:  -- O'Leno State Park, and
 
         20       it went back long before 1974.
 
         21            And I -- you know, we have survived till
 
         22       now without the 160 acres.  With the rest of the
 
         23       land around it.  It is there.
 
         24            And I would just say to Judy and the
 
         25       other -- the folks that are here, we sit as the
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          1       Trustees of a big pot of money that the people
 
          2       of Florida have voted in P2000 to acquire some
 
          3       of these lands.
 
          4            And, therefore, we have to look at
 
          5       decisions that we make and how they affect that
 
          6       pot of money, in effect.  And the ability to
 
          7       retain critical land that's for the State of
 
          8       Florida.
 
          9            So while there is always strong feelings
 
         10       for a parcel, whether it's a piece of the
 
         11       Greenway, or a piece of a park, or anything
 
         12       else, in a local area, if we listen to that in
 
         13       every instance, we would just pay whatever the
 
         14       demand was in every instance.
 
         15            And it would be -- wouldn't be long, that
 
         16       pot of money would be gone.  And we would have
 
         17       acquired some land, but perhaps not, you know,
 
         18       what we should be looking at as the steward of
 
         19       this project and the state of Florida.
 
         20            And that is the reason that I have great
 
         21       qualms about that.  Just looking at the numbers,
 
         22       the 88,000, and then what this goes up to,
 
         23       120,000.
 
         24            Now, maybe someone can show me differently,
 
         25       or maybe it can be looked at in a different
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          1       appraisal.  But I just personally fear the
 
          2       precedent.
 
          3            TREASURER NELSON:  I'd like to know,
 
          4       Madam Secretary, do you have an idea the
 
          5       historical precedence that -- where the Cabinet
 
          6       in the past might have exceeded the -- the
 
          7       appraisal value?
 
          8            MS. WETHERELL:  It's funny that you ask --
 
          9       I asked Pete Mallison that question.  I've been
 
         10       with the Agency for eight years, and I didn't
 
         11       recall any.  But Pete said there was one
 
         12       instance --
 
         13            And, Pete, if you want to relay that one
 
         14       instance.
 
         15            -- in the years past that he can recall
 
         16       that we've ever done that.
 
         17            Pete.
 
         18            TREASURER NELSON:  Only one incidence --
 
         19            MS. WETHERELL:  Yes.
 
         20            TREASURER NELSON:  -- in acquiring all of
 
         21       the recreation and --
 
         22            MR. MALLISON:  The Secretary was asking me
 
         23       about the inholdings.  And the only one that
 
         24       came to mind at the time was a John U. Lloyd
 
         25       State Park inholding that was in lieu of
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          1       eminent domain.
 
          2            And as I was thinking about it, we have, in
 
          3       some of those instances in which we have had
 
          4       eminent domain authority, North Key Largo,
 
          5       Topsail Hill, for example, we have ended up
 
          6       rather than going through the eminent domain,
 
          7       coming to some kind of an agreement with the
 
          8       landowner on a number that we felt that we could
 
          9       justify in lieu of eminent domain that was
 
         10       certainly in excess of the appraised value.  So
 
         11       there have been those kinds of situations.
 
         12            The only real acquisition in excess of the
 
         13       statutory number that I really remember goes
 
         14       back a long time.  And that also was in North
 
         15       Key Largo with the Gong tract, at I think about
 
         16       120 percent of the value.  But that was probably
 
         17       eight years ago, or something like that.
 
         18            TREASURER NELSON:  Where there has been the
 
         19       threat of eminent domain, has it been frequent
 
         20       that you have exceeded the appraised value?
 
         21            MR. MALLISON:  No, sir.
 
         22            TREASURER NELSON:  When you reached
 
         23       resolution before going into the eminent domain
 
         24       proceeding?
 
         25            MR. MALLISON:  Typically, if we can reach
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          1       accommodation with the landowner at the
 
          2       appraised value, we never get to the
 
          3       eminent domain part.
 
          4            So it's only, for example, in North
 
          5       Key Largo where we had spent years and years
 
          6       trying to acquire under voluntary means the land
 
          7       that was there, and it was only when we had
 
          8       really exhausted that process that we requested
 
          9       eminent domain authority.
 
         10            And then, of course, in the context of the
 
         11       litigation, we would always reserve the ability
 
         12       to settle those suits if we felt that the
 
         13       settlement was something that was to our
 
         14       benefit.  And so we did settle a number of those
 
         15       under those terms.
 
         16            TREASURER NELSON:  Thank you, Governor.
 
         17            COMMISSIONER BROGAN:  Governor, I think,
 
         18       like many up here, I personally am never afraid
 
         19       to break precedent, or even flirt with
 
         20       precedent.  I, from time to time, fear of
 
         21       breaking the sound barrier of precedent.
 
         22            And I think that in this particular case --
 
         23       and I'm only giving you my perspective --
 
         24       I think sometimes when people come to the
 
         25       State Board and ask about a purchase that's
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          1       being negotiated, knowing full well that the
 
          2       people doing the negotiations are doing it as
 
          3       best they can under the circumstances, that
 
          4       sometimes no means no, we don't want the
 
          5       property.
 
          6            I think in this particular case, echoing
 
          7       some of what the Governor mentioned, I think in
 
          8       this particular case, yes, I want the property;
 
          9       no, I don't want the property at this price.
 
         10            Now, I hope that -- if that ends up being
 
         11       the sentiment of my colleagues -- or at least
 
         12       the majority of them, that what that will send
 
         13       is a message to the seller, who I hope will stay
 
         14       willing, to determine that if they do want to
 
         15       sell it bad enough, even if we flirt with
 
         16       precedent in the future, that it's something
 
         17       that we potentially would like to have, but
 
         18       we're just not willing to purchase at this
 
         19       particular price.
 
         20            So if it ends up being no, please
 
         21       understand, at least from my perspective, it's
 
         22       not, no, we don't want -- no, I don't want the
 
         23       property.  It's that, no, I don't want the
 
         24       property at that price.
 
         25            And I hope that that will put you back into
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          1       a better negotiating position with the seller
 
          2       and send a message to the seller that we'd like
 
          3       to do business, but not at 150 percent of
 
          4       appraisal.
 
          5            COMPTROLLER MILLIGAN:  Would it --
 
          6       Governor, would it serve any purpose to defer
 
          7       this and allow them to go back with a reference
 
          8       to how the --
 
          9            GOVERNOR CHILES:  I have no objection --
 
         10            COMPTROLLER MILLIGAN:  -- Cabinet and --
 
         11            GOVERNOR CHILES:  -- to that.
 
         12            COMPTROLLER MILLIGAN:  -- Governor feel?
 
         13            GOVERNOR CHILES:  I -- you know, I --
 
         14            COMPTROLLER MILLIGAN:  Don't think it'd
 
         15       serve any purpose, or do you think it would
 
         16       serve a purpose?
 
         17            It did work somewhat with CSX, and -- and
 
         18       got it down a little bit, certainly not as much
 
         19       as I would have liked to have seen.  But it did
 
         20       have an impact.
 
         21            MS. WETHERELL:  Yeah.
 
         22            COMPTROLLER MILLIGAN:  I mean, I think the
 
         23       price is high.  And it probably is out of line
 
         24       for property, farmland in that part of the
 
         25       country.  But if it were rezoned, it probably
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          1       isn't out of line.
 
          2            I think we need to put a little pressure on
 
          3       them.  I'd --
 
          4            COMMISSIONER BROGAN:  Governor --
 
          5            COMPTROLLER MILLIGAN:  -- rather not
 
          6       deep-six it right now.
 
          7            COMMISSIONER BROGAN:  Half of me wants to
 
          8       defer it, and give them the opportunity to go
 
          9       back and negotiate with an open-ended deferral;
 
         10       the other half of me would love to slam the door
 
         11       shut, as least as far as the seller is
 
         12       concerned, and suggest through a negative vote,
 
         13       if that's what it ends up being, that we are
 
         14       absolutely not interested at that price,
 
         15       continue negotiations.
 
         16            But I'd be willing to --
 
         17            COMPTROLLER MILLIGAN:  Well, sadly --
 
         18            COMMISSIONER BROGAN:  -- for deferral.
 
         19            COMPTROLLER MILLIGAN:  -- sadly, we
 
         20       probably should have slammed the door on a
 
         21       couple others, not necessarily this one.
 
         22            I would make a motion, or move, Governor,
 
         23       that we defer this and give them a chance to go
 
         24       back and renegotiate and see if we can't do a
 
         25       little bit better on this --
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          1            MS. WETHERELL:  Governor --
 
          2            COMMISSIONER BROGAN:  I will second that,
 
          3       Governor.
 
          4            GOVERNOR CHILES:  It's been moved and
 
          5       seconded we --
 
          6            MS. WETHERELL:  Governor, before you --
 
          7            GOVERNOR CHILES:  -- defer --
 
          8            MS. WETHERELL:  -- before you vote --
 
          9            GOVERNOR CHILES:  Yes ma'am.
 
         10            MS. WETHERELL:  -- if you wouldn't object
 
         11       to a withdrawal versus a deferral.  Otherwise
 
         12       it's going to keep coming back.  And we need to
 
         13       have time to -- if you want to send the
 
         14       message --
 
         15            COMPTROLLER MILLIGAN:  I will amend my
 
         16       motion to have this item withdrawn at this time.
 
         17            COMMISSIONER BROGAN:  And the second.
 
         18            GOVERNOR CHILES:  It's been moved and
 
         19       seconded that the item be withdrawn.
 
         20            So many as favor, signify by saying aye.
 
         21            THE CABINET:  Aye.
 
         22            GOVERNOR CHILES:  Opposed, no.
 
         23            COMMISSIONER BROGAN:  Good luck.
 
         24            GOVERNOR CHILES:  -- four, five --
 
         25            MS. WETHERELL:  Thank you.
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          1            GOVERNOR CHILES:  -- six -- by a vote of
 
          2       six-and-a-half to one.
 
          3            MS. WETHERELL:  Thank you for listening to
 
          4       the argument.  We appreciate it.
 
          5            Item 12 is a purchase agreement for
 
          6       Belle Meade CARL project.
 
          7            ATTORNEY GENERAL BUTTERWORTH:  Motion.
 
          8            SECRETARY MORTHAM:  Second.
 
          9            GOVERNOR CHILES:  Moved and seconded.
 
         10            Without objection, it's approved.
 
         11            MS. WETHERELL:  Item 13 is assignment of an
 
         12       option agreement for Lake Wales Ridge and a
 
         13       waiver of survey.
 
         14            COMMISSIONER CRAWFORD:  Motion.
 
         15            SECRETARY MORTHAM:  Second.
 
         16            GOVERNOR CHILES:  Moved and seconded.
 
         17            Without objection, it's approved.
 
         18            MS. WETHERELL:  Substitute Item 14 is the
 
         19       assignment of an option agreement for Lake Wales
 
         20       Ridge, and a waiver of survey.
 
         21            COMMISSIONER CRAWFORD:  Motion.
 
         22            COMPTROLLER MILLIGAN:  Second.
 
         23            GOVERNOR CHILES:  Moved and seconded.
 
         24            Without objection, it's approved.
 
         25            MS. WETHERELL:  Item 15 is a modification
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          1       of a deed restriction and conceptual approval of
 
          2       a land exchange.
 
          3            SECRETARY MORTHAM:  Move approval.
 
          4            COMMISSIONER BROGAN:  Second.
 
          5            GOVERNOR CHILES:  Moved and seconded.
 
          6            Without objection, it's approved.
 
          7            MS. WETHERELL:  Substitute Item 16, we're
 
          8       recommending withdrawal.  And for your
 
          9       information, it seems that the team of agencies
 
         10       who went out last Friday to see if they could
 
         11       find an alternate site feel like they have found
 
         12       a suitable county-owned site as a prison site in
 
         13       Franklin County.
 
         14            Recommending withdrawal, Governor.
 
         15            COMPTROLLER MILLIGAN:  Move withdrawal.
 
         16            SECRETARY MORTHAM:  -- withdrawal.
 
         17            GOVERNOR CHILES:  Moved and seconded on
 
         18       withdrawal.
 
         19            And without objection, it's approved.
 
         20            MS. WETHERELL:  And Substitute Item 17,
 
         21       we're recommending deferral.
 
         22            ATTORNEY GENERAL BUTTERWORTH:  Motion.
 
         23            COMMISSIONER BROGAN:  Second.
 
         24            GOVERNOR CHILES:  Moved and seconded.
 
         25            Without objection, it's approved.
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          1            MS. WETHERELL:  That's concludes our
 
          2       agenda.
 
          3            Thank you.
 
          4            GOVERNOR CHILES:  Thank you, ma'am.
 
          5            (The Board of Trustees of the Internal
 
          6       Improvement Trust Fund Agenda was concluded.)
 
          7                             *
 
          8            (The Cabinet meeting was concluded at
 
          9       12:18 p.m.)
 
         10
 
         11
 
         12
 
         13
 
         14
 
         15
 
         16
 
         17
 
         18
 
         19
 
         20
 
         21
 
         22
 
         23
 
         24
 
         25
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          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 117 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 23RD day of DECEMBER, 1996.
 
         17
 
         18
 
         19                           LAURIE L. GILBERT, RPR, CCR
                                      100 Salem Court
         20                           Tallahassee, Florida 32301
                                      (904) 878-2221
         21
 
         22
 
         23
 
         24
 
         25
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