Cabinet
Affairs |
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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
5 Representing:
6 STATE BOARD OF ADMINISTRATION
DIVISION OF BOND FINANCE
7 INFORMATION RESOURCE COMMISSION
DEPARTMENT OF HIGHWAY SAFETY
8 AND MOTOR VEHICLES
DEPARTMENT OF REVENUE
9 STATE BOARD OF EDUCATION
ADMINISTRATION COMMISSION
10 FLORIDA LAND AND WATER
ADJUDICATORY COMMISSION
11 MARINE FISHERIES COMMISSION
TRUSTEES OF THE INTERNAL
12 IMPROVEMENT TRUST FUND
13
14 The above agencies came to be heard before
THE FLORIDA CABINET, Honorable Governor Chiles
15 presiding, in the Cabinet Meeting Room, LL-03,
The Capitol, Tallahassee, Florida, on Tuesday,
16 January 28, 1997, commencing at approximately
9:48 a.m.
17
18 Reported by:
19 LAURIE L. GILBERT
Registered Professional Reporter
20 Certified Court Reporter
Notary Public in and for
21 the State of Florida at Large
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
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ACCURATE STENOTYPE REPORTERS, INC.
January 28, 1997
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1 I N D E X
2 ITEM ACTION PAGE
3 STATE BOARD OF ADMINISTRATION
(Presented by Tom Herndon,
4 Executive Director)
5 1 Approved 6
2 Approved 6
6 3 Approved 7
4 Approved 10
7 5 Approved 11
Presentation 13
8
DIVISION OF BOND FINANCE:
9 (Presented by J. Ben Watkins, III,
Director)
10
1 Approved 21
11 2 Approved 21
3 Approved 22
12 4 Approved 22
5 Approved 23
13 6 Approved 23
14 INFORMATION RESOURCE COMMISSION:
(Presented by P.J. Ponder,
15 Chief Legal Counsel)
16 1 Approved 24
2 Approved 26
17
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES:
18 (Presented by Fred O. Dickinson, III,
Executive Director)
19
1 Approved 27
20 2 Approved 35
3 Approved 36
21 4 Approved 37
5 Approved 38
22 6 Approved 38
7 Approved 39
23 8 Approved 39
9 Approved 40
24 10 Presentation 41
25
ACCURATE STENOTYPE REPORTERS, INC.
January 28, 1997
4
1 I N D E X
(Continued)
2
ITEM ACTION PAGE
3
DEPARTMENT OF REVENUE:
4 (Presented by Bebe Blount,
Legislative and Cabinet Services Director)
5
1 Approved 47
6 2 Approved 47
3 Withdrawn 48
7 4 Withdrawn 48
8 STATE BOARD OF EDUCATION:
(Presented by Robert L. Bedford, Ph.D.,
9 Deputy Commissioner)
10 1 Approved 49
2 Approved 49
11 3 Approved 50
4 Deferred 50
12 5 Approved 51
6 Approved 51
13 7 Approved 51
8 Approved 51
14 9 Approved 52
15 ADMINISTRATION COMMISSION:
(Presented by Robert B. Bradley, Ph.D.,
16 Secretary)
17 1 Approved 53
2 A. through C. Approved 53
18 2 D. Deferred 54
3 Approved 54
19 4 Approved 54
5 Deferred 55
20
FLORIDA LAND AND WATER
21 ADJUDICATORY COMMISSION:
(Presented by Robert B. Bradley, Ph.D.,
22 Secretary)
23 1 Approved 56
2 Approved 56
24 3 Deferred 87
25
ACCURATE STENOTYPE REPORTERS, INC.
January 28, 1997
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 89
6 B Approved 89
C Approved 90
7
BOARD OF TRUSTEES,
8 INTERNAL IMPROVEMENT
TRUST FUND:
9 (Presented by Virginia B. Wetherell,
Secretary)
10
1 Approved 91
11 Substitute 2 Approved 92
3 Approved 92
12 4 Approved 92
5 Deferred 92
13 6 Approved 93
7 Approved 93
14 Substitute 8 Approved 93
9 Approved 94
15 Substitute 10 Approved 177
178
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CERTIFICATE OF REPORTER 179
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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1 P R O C E E D I N G S
2 (The agenda items commenced at 10:14 a.m.)
11:10 3 GOVERNOR CHILES: State Board of
11:10 4 Administration.
11:10 5 MR. HERNDON: Good morning, Governor,
11:11 6 members of the Board.
7 First item is the --
11:11 8 TREASURER NELSON: Move the minutes.
11:11 9 MR. HERNDON: -- approval of the minutes.
11:11 10 COMPTROLLER MILLIGAN: Motion on minutes.
11:11 11 GOVERNOR CHILES: Motion and --
11:11 12 TREASURER NELSON: Second.
11:11 13 GOVERNOR CHILES: -- second.
11:11 14 Without objection, minutes are approved.
11:11 15 MR. HERNDON: Item number 2 is approval of
11:11 16 fiscal sufficiency of not to exceed
11:11 17 $189.9 million, State of Florida full faith and
11:11 18 credit education bonds.
11:11 19 COMPTROLLER MILLIGAN: Motion.
11:11 20 TREASURER NELSON: Second.
11:11 21 GOVERNOR CHILES: Motion and second.
11:11 22 Without objection, it's approved.
11:11 23 MR. HERNDON: Item number 3 is approval of
11:11 24 the Florida Hurricane Catastrophe Fund rules,
11:11 25 which were submitted for your review.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:11 1 Mr. Nicholson is here if you'd like to ask
11:11 2 any questions on those rules. And I think he's
11:11 3 also prepared to speak to the status of the
11:11 4 financial advisor contract for the Cat Fund if
11:11 5 there are any questions.
11:11 6 COMPTROLLER MILLIGAN: I motion. I have a
11:11 7 motion.
11:11 8 TREASURER NELSON: Second.
11:11 9 GOVERNOR CHILES: Moved and seconded.
11:11 10 Without objection, it's approved.
11:11 11 TREASURER NELSON: I would just say,
11:11 12 Governor, on that item, that the complexity of
11:12 13 structuring a bond issue of the size that is
11:12 14 contemplated by the Florida Hurricane
11:12 15 Catastrophic Fund undoubtedly requires multiple
11:12 16 strategies in multiple markets. And probably
11:12 17 international, as well as domestic.
11:12 18 So I appreciate the fact that you all went
11:12 19 through that lengthy process to find the
11:12 20 expertise of a financial advisor, as you did, to
11:12 21 ensure the marketability of the bonds in the
11:12 22 event of a catastrophic storm.
11:12 23 Now, last time this issue came up, we -- we
11:12 24 were concerned about the amount of that
11:12 25 contract. $645,000 is unusually high for a
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:12 1 financial advisor kind of services.
11:13 2 So with regard -- now, this is what had
11:13 3 come up at the last Cabinet meeting, that this
11:13 4 issue had come up.
11:13 5 Is there any kind of status report that you
11:13 6 wanted to share with us on that?
11:13 7 MR. NICHOLSON: Yes, sir. I'd like -- I'd
11:13 8 like to report, we're making excellent progress
9 working with Lehman. This week, they were in
11:13 10 preparing us for a formal education to the
11:13 11 rating -- formal presentation to the rating
11:13 12 agencies.
11:13 13 We'll be going to New York this week.
11:13 14 We'll be leaving right after this meeting to
11:13 15 make presentations to Standard & Poor's on
16 Wednesday, Moody's on Thursday, and Fitch on
11:13 17 Friday.
11:13 18 We anticipate obtaining a preliminary
11:13 19 rating, probably in a couple of weeks, based on
11:13 20 that work effort. I would also like to report
11:13 21 that Lehman has worked closely with our bond
11:13 22 counsel in making technical revisions to our
11:13 23 master trust indenture and pledge and security
11:13 24 agreement. They've also drafted drafts of our
11:14 25 supplemental resolution and trust agreement.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:14 1 They've developed a financial stress model
11:14 2 that will be very important for the rating
11:14 3 agencies when they start asking us a lot of
11:14 4 what-ifs scenarios, economic scenarios, as well
11:14 5 as catastrophic scenarios, prior to getting our
11:14 6 final rating.
11:14 7 They've also provided us with some advice
11:14 8 in terms of how to structure our investments
11:14 9 related to the Cat Fund.
11:14 10 Another thing that -- in talking with
11:14 11 Lehman, you -- we were to look at where we are
11:14 12 today, I asked the question, you know, exactly
11:14 13 where are we today if we had to issue bonds.
11:14 14 And Lehman assures me that if we had to go
11:14 15 to market today, that we could actually have
11:14 16 5 billion dollars in the door within 45 days
11:14 17 from now.
11:14 18 Now, that's based on their marketing
11:14 19 efforts and the work done to date. It's
11:14 20 somewhat moot since we wouldn't need bonding
11:14 21 until we had an event.
11:15 22 We also have to validate the Florida
11:15 23 Supreme Court, and we're expecting that to come
11:15 24 back, perhaps by the end of March.
11:15 25 So that's basically where we are today.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:15 1 TREASURER NELSON: Okay. Let's just keep
11:15 2 up-to-date on these periodic reports.
11:15 3 MR. NICHOLSON: Yes, sir.
11:15 4 TREASURER NELSON: Thanks, Governor.
11:15 5 GOVERNOR CHILES: Thank you, sir.
11:15 6 MR. HERNDON: Item number 4 is the report
11:15 7 submitted by the Executive Director on
11:15 8 investment performance and fund balance analysis
11:15 9 for the month of November.
11:15 10 COMPTROLLER MILLIGAN: Motion.
11:15 11 TREASURER NELSON: Second.
11:15 12 GOVERNOR CHILES: Moved and seconded.
11:15 13 Without objection, it's approved.
11:15 14 MR. HERNDON: Item number 5 will require
11:15 15 that you convene the members of the Corporation
11:15 16 for Inland Protection Financing, Governor.
11:15 17 If -- if you could go ahead and call the --
11:15 18 GOVERNOR CHILES: I call to meeting the
11:15 19 Inland Protection Financing Corporation.
11:15 20 MR. HERNDON: All right. There are two
11:15 21 items to come before you. The first is to
11:15 22 request the approval of the Board for the
11:16 23 submission of an RFP for disclosure counsel.
11:16 24 TREASURER NELSON: Well, I would move it,
11:16 25 Governor.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:16 1 GOVERNOR CHILES: It's been moved --
11:16 2 COMPTROLLER MILLIGAN: And seconded.
11:16 3 GOVERNOR CHILES: -- and seconded.
11:16 4 Without objection, it's approved.
11:16 5 MR. HERNDON: The second item is to request
11:16 6 that the members of the Inland Protection
11:16 7 Financing Corporation Board come up and join us,
11:16 8 and that Secretary Wetherell, I believe, and her
11:16 9 staff are going to give you a presentation on
11:16 10 the overall status of the program itself.
11:16 11 So I'll turn it over to
11:16 12 Secretary Wetherell.
11:16 13 COMPTROLLER MILLIGAN: Let me ask a quick
11:16 14 question on the trustee, slant, paying agent.
11:16 15 Who's going to have oversight on that, Tom?
11:16 16 MR. HERNDON: Well, the State Board,
11:16 17 ultimately through you as members of the Board
11:16 18 of Directors of the Corporation, will have
11:16 19 oversight.
11:16 20 We will probably be the body, the staff
11:16 21 body, that issues the RFP. And we'll go through
11:16 22 that kind of selection process and bring it back
11:16 23 to --
11:16 24 COMPTROLLER MILLIGAN: Well, I'm not so
11:16 25 much concerned about the RFP process. I
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:16 1 appreciate that'll be done in a competitive
11:16 2 and --
11:16 3 MR. HERNDON: Right.
11:16 4 COMPTROLLER MILLIGAN: -- and open way.
11:17 5 I'm more concerned about the execution of
11:17 6 the paying agent --
11:17 7 MR. HERNDON: Right.
11:17 8 COMPTROLLER MILLIGAN: -- and what kind of
11:17 9 audit trail and auditing process --
11:17 10 MR. HERNDON: I see what you're saying.
11:17 11 COMPTROLLER MILLIGAN: -- we may have in
11:17 12 place.
11:17 13 MR. HERNDON: We will both -- I suspect
11:17 14 both DEP and the Board staff will be keeping an
11:17 15 eye on the trustee as paying agent, and provide
11:17 16 you with periodic reports as we go forward and
11:17 17 as -- as volume begins to climb as they start to
11:17 18 take their role in this process.
11:17 19 COMPTROLLER MILLIGAN: I think it's
11:17 20 important that we have the right kind of
11:17 21 oversight, and I would appreciate some
11:17 22 feedback --
11:17 23 MR. HERNDON: Yes, sir.
11:17 24 COMPTROLLER MILLIGAN: -- on how you will
11:17 25 institutionalize that.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:17 1 MR. HERNDON: We would plan on giving you
11:17 2 some routine reports. And we'll make sure and
11:17 3 get that clear.
11:17 4 COMPTROLLER MILLIGAN: Okay. Thanks.
11:17 5 MS. WETHERELL: I'm going to introduce to
11:17 6 you Pinky Hall, who is our Inspector General of
11:17 7 DEP. And she's going to give you as much
11:17 8 information as you want, or as little as you
11:17 9 want, on our plans to do a better job of
11:17 10 postaudits of our petroleum tank reimbursement
11 program.
11:18 12 So, Pinky Hall.
11:18 13 MS. HALL: Thank you.
11:18 14 Governor, and Cabinet, I want to give you
11:18 15 an idea, as I present to you our plan, for how
11:18 16 we plan to increase the number of petroleum
11:18 17 reimbursement audits. I want to give you some
11:18 18 feel for the amount of audit universe that we
11:18 19 have out there that's to be audited.
11:18 20 The Department had received 18,600
11:18 21 applications that were claiming approximately
11:18 22 $1.1 billion as of November 30th, 1996.
11:18 23 The Department has paid 11,000 of those
11:18 24 applications for 547.1 million in reimbursements
25 to date.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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1
2 (Attorney General Butterworth exited the
11:18 3 room.)
11:18 4 MS. HALL: In December alone, 1996, the
11:18 5 Department received approximately
11:18 6 2500 applications in the Bureau. The dollar
11:18 7 amount claimed has not yet been determined.
11:18 8 However, I will point out that on an
11:18 9 average month, the number of applications that
11:18 10 would come in to the Department would be around
11:18 11 300.
11:19 12 If we go and look at our audit universe, we
11:19 13 have 16,800 applications, with a payment amount
11:19 14 of approximately $791.5 million.
11:19 15 What are we to do about going out and
11:19 16 addressing this large audit universe?
11:19 17 What we propose is that we have a budget
11:19 18 request where we have requested the additional
11:19 19 staff to conduct those audits. We have
11:19 20 requested ten new auditors for the program.
11:19 21 These ten new auditors would also have the
11:19 22 support of one full-time attorney position that
11:19 23 we have also requested. The additional ten
11:19 24 positions would be able to conduct approximately
11:19 25 50 additional audits into the program a year.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:19 1 By adding the ten more auditors, we put the
11:19 2 auditing work that we've had in the past --
11:19 3 we've had a couple of auditors dedicated
11:20 4 full-time to this program -- we believe that
11:20 5 combined effort, we would have a total of about
11:20 6 60 audits a year conducted.
11:20 7 Our auditing would go up from approximately
11:20 8 2.32 percent of this audit universe, to 13.9 or
11:20 9 14 percent of the total applications that are
11:20 10 out there.
11:20 11 In the packet that -- the packets that you
11:20 12 have, there are a couple of graphs that I would
11:20 13 like to point out that are at the end of the
11:20 14 packet.
11:20 15 Those two graphs, I think, tell the story
11:20 16 of how we need to go about aggressively pursuing
11:20 17 the auditing of this program.
11:20 18 The first graph shows that if we will get
11:20 19 the additional auditors, that the dollars
11:20 20 audited in the program will increase from
11:20 21 18.4 million up to 110.2 million.
11:20 22 With the two auditors that we currently
11:20 23 have dedicated full-time, we would have
11:21 24 2.3 percent audit coverage; with the additional
11:21 25 auditors, again, 14 percent audit coverage. And
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:21 1 that's of the total population of the
11:21 2 16,800 applications.
11:21 3 The second graph that you see there shows
11:21 4 that if we get the additional auditors, the
11:21 5 disallowances in the program would go up
11:21 6 significantly from .7 million, up to
11:21 7 $6.9 million a year.
11:21 8 We believe that if we get the additional
11:21 9 auditors, we would have a lot more audit
11:21 10 presence, we would be able to audit more of the
11:21 11 applications currently with the staff of two
11:21 12 that we have. We have a total of nine
11:21 13 auditors. Two of those are dedicated
11:21 14 full-time.
11:21 15 What we do in this program is because we do
11:21 16 not have the resources to conduct all of the
11:21 17 audits that we want, we try to concentrate on
11:21 18 those areas where there are problems. That
11:21 19 comes from reviewing a number of the
11:21 20 applications, looking at those, spot-checking
11:21 21 for the problems, and trying to see what do we
11:21 22 need to go after first, and address those issues
11:21 23 first.
11:22 24 Another issue that we have tossed around,
11:22 25 and believe there might be another way of
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:22 1 looking at this program, is in addition to
11:22 2 getting the additional auditors and being able
11:22 3 to concentrate more by auditing more
11:22 4 applications, we believe that also we should put
11:22 5 a proposal out that would be competitively bid
11:22 6 so that we can do a pilot study to look at the
11:22 7 feasibility of outsourcing, along with what
11:22 8 we're doing.
11:22 9 We believe if we do that, we can find out
11:22 10 more about the cost-effectiveness of outsourcing
11:22 11 audits, and maybe that combined effort will
11:22 12 cause us to have a much greater presence of
11:22 13 those 16,800 applications that are there to be
11:22 14 audited.
11:22 15 GOVERNOR CHILES: I want to applaud you for
11:22 16 doing an outsourcing pilot project. It just --
11:22 17 it's -- when you look at the numbers here, with
11:22 18 the amount of reimbursement that's disallowed --
11:22 19 MS. HALL: Yes.
11:22 20 GOVERNOR CHILES: -- by virtue of the small
11:22 21 number of audits that we've done --
11:22 22 MS. HALL: Correct.
11:22 23 GOVERNOR CHILES: -- it looks like to me,
11:22 24 this is an area in which somebody on a
11:23 25 contingent basis even, contingent fee basis --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:23 1 MS. HALL: Uh-hum.
11:23 2 GOVERNOR CHILES: -- ought to be looking at
11:23 3 being involved.
11:23 4 It's always hard to get the Legislature to
11:23 5 give you additional personnel.
11:23 6 MS. HALL: Correct.
11:23 7 GOVERNOR CHILES: And, you know, again,
11:23 8 putting on our fiscal hat, what happens when you
11:23 9 finish these audits, you know, these people
11:23 10 usually don't go away, they stay in the
11:23 11 Department. I mean, so we -- so it seems like
11:23 12 outsourcing would make an awful lot of sense.
13 MS. HALL: Uh-hum.
11:23 14 GOVERNOR CHILES: Find the proper way to do
11:23 15 that. And --
11:23 16 MS. HALL: That's correct. That's what we
11:23 17 hope the study will tell us. Get involved --
18 GOVERNOR CHILES: Yeah.
19 MS. HALL: -- in that.
11:23 20 COMPTROLLER MILLIGAN: I -- Governor, if I
11:23 21 may, I certainly agree that we ought to be going
11:23 22 after this thing 100 percent. We're talking
11:23 23 about a lot of money. And just to enforce --
11:23 24 GOVERNOR CHILES: Yeah.
11:23 25 COMPTROLLER MILLIGAN: And 14 percent just
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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11:23 1 isn't taking care of the taxpayers' dollars.
11:23 2 I am not so sure we need to think about a
11:23 3 pilot program. You ought to be able to find
11:23 4 plenty of folks that would be interested in
11:23 5 coming in and doing it on a contingency basis.
11:23 6 And we could save ourselves a lot of money, and
11:23 7 get on with it.
11:24 8 So I'm not so sure I'd mill around with a
11:24 9 pilot project. I think you might want to go for
11:24 10 the throat right from the git-go.
11:24 11 GOVERNOR CHILES: I think that has merit,
11:24 12 too.
11:24 13 MS. HALL: We will explore those options.
11:24 14 COMPTROLLER MILLIGAN: Yeah. Thanks.
11:24 15 GOVERNOR CHILES: Thank you.
11:24 16 MR. HERNDON: That completes the report on
11:24 17 the status of the Fund itself, and the agenda of
11:24 18 the Inland Protection --
11:24 19 GOVERNOR CHILES: We'll adjourn the --
20 MR. HERNDON: -- Financing --
11:24 21 GOVERNOR CHILES: -- meeting then.
11:24 22 MR. HERNDON: It also completes the agenda
11:24 23 of the State Board. So thank you very much.
11:24 24 GOVERNOR CHILES: We'll adjourn your
11:24 25 meeting as well then.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
January 28, 1997
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1 COMPTROLLER MILLIGAN: Adjourn the whole
2 thing.
3 GOVERNOR CHILES: Yes, sir.
4 (The State Board of Administration Agenda
5 was concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
January 28, 1997
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11:24 1 GOVERNOR CHILES: Information Resources.
2 COMPTROLLER MILLIGAN: Woops.
11:24 3 GOVERNOR CHILES: Oh, Bond Finance first.
11:24 4 Go ahead.
11:24 5 MR. WATKINS: Item number 1 is approval of
11:24 6 the minutes of the December 10th meeting.
11:24 7 SECRETARY MORTHAM: Move approval.
11:24 8 COMPTROLLER MILLIGAN: Second.
11:24 9 GOVERNOR CHILES: Moved and seconded.
11:25 10 Without objection, they're approved.
11:25 11 MR. WATKINS: Item number 2 is a resolution
11:25 12 authorizing the competitive sale of up to a
13 hundred and eighty-nine million eight hundred
11:25 14 forty thousand of capital outlay bonds for
11:25 15 education.
11:25 16 SECRETARY MORTHAM: Move approval.
11:25 17 COMMISSIONER BROGAN: Second.
11:25 18 GOVERNOR CHILES: Moved and seconded.
11:25 19 Without objection, it's approved.
11:25 20 MR. WATKINS: Item number 3 is a resolution
11:25 21 canceling the authority for an unissued portion
11:25 22 of a Board of Regents refunding transaction
11:25 23 executed in 1983.
11:25 24 SECRETARY MORTHAM: Move approval.
11:25 25 COMMISSIONER BROGAN: Second.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
January 28, 1997
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11:25 1 GOVERNOR CHILES: Moved and seconded.
11:25 2 Without objection, that's approved.
11:25 3 MR. WATKINS: Item number 4 is a report of
11:25 4 award of thirteen million one hundred twenty
11:25 5 thousand dollars Board of Regents revenue bonds
11:25 6 for Florida State University.
11:25 7 The bonds were sold at competitive sale on
11:25 8 November 26, and awarded to the low bidder at a
11:25 9 true interest cost of 5.39 percent.
11:25 10 SECRETARY MORTHAM: Move acceptance.
11:25 11 COMMISSIONER BROGAN: Second.
11:25 12 COMPTROLLER MILLIGAN: Second.
11:25 13 GOVERNOR CHILES: Moved and seconded.
11:25 14 Without objection, it's approved.
11:25 15 MR. WATKINS: Item number 5 is a report of
11:25 16 award of seventeen million four hundred
11:25 17 eighty-five thousand of capital outlay refunding
11:25 18 bonds.
11:25 19 SECRETARY MORTHAM: Move approval.
11:25 20 MR. WATKINS: The bonds were sold at
11:26 21 competitive sale on December 4th at a true
11:26 22 interest cost rate of approximately
11:26 23 4.42 percent, resulting in gross savings --
11:26 24 gross debt service savings of approximately
11:26 25 $1.6 million or 7.62 percent of the prior issue.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
January 28, 1997
23
11:26 1 COMPTROLLER MILLIGAN: Motion.
2 COMMISSIONER BROGAN: Second.
11:26 3 COMPTROLLER MILLIGAN: And well done.
11:26 4 GOVERNOR CHILES: Moved and seconded.
11:26 5 Without objection, it's approved.
11:26 6 Good work.
11:26 7 MR. WATKINS: Thank you.
11:26 8 Item number 6 is a report of award of
11:26 9 nine million five hundred seventy thousand
11:26 10 dollars of facility management bonds for
11:26 11 Department of Management Services.
11:26 12 The bonds were sold at competitive sale on
11:26 13 January 15th, and awarded to the low bidder at a
11:26 14 true interest cost of approximately
11:26 15 5.58 percent.
11:26 16 SECRETARY MORTHAM: Move approval.
11:26 17 COMMISSIONER BROGAN: Second.
11:26 18 GOVERNOR CHILES: Moved and seconded.
11:26 19 Without objection, it's approved.
11:26 20 MR. WATKINS: Thank you.
11:26 21 GOVERNOR CHILES: Thank you, sir.
22 (The Division of Bond Finance Agenda was
23 concluded.)
24 *
25
ACCURATE STENOTYPE REPORTERS, INC.
INFORMATION RESOURCE COMMISSION
January 28, 1997
24
1 (Attorney General Butterworth entered the
2 room.)
3 GOVERNOR CHILES: Information Resource
4 Commission.
11:26 5 MR. PONDER: Governor, members, I'm
11:26 6 P.J. Ponder, representing the IRC.
11:26 7 The first item is approval of the minutes
11:26 8 of the meeting of November --
9 COMMISSIONER BROGAN: Move the --
11:26 10 MR. PONDER: -- 19th.
11:26 11 COMMISSIONER BROGAN: -- minutes.
11:26 12 COMPTROLLER MILLIGAN: Second.
11:26 13 GOVERNOR CHILES: Moved and seconded.
11:26 14 Without objection, it's approved.
11:27 15 MR. PONDER: Item 2 is approval of the
11:27 16 State Implementation Plan for a Communication
11:27 17 Services for the next two years.
11:27 18 SECRETARY MORTHAM: I'd move approval, with
11:27 19 a question.
11:27 20 COMMISSIONER BROGAN: I'll second.
11:27 21 GOVERNOR CHILES: Question?
11:27 22 SECRETARY MORTHAM: Since there's not going
11:27 23 to be any State phone books, what provisions
11:27 24 have been made for users without Internet
11:27 25 access?
ACCURATE STENOTYPE REPORTERS, INC.
INFORMATION RESOURCE COMMISSION
January 28, 1997
25
11:27 1 MR. PONDER: The Department of Management
11:27 2 Services has placed the directory information
11:27 3 that they formerly provided with the State
11:27 4 telephone book and made it available over the
11:27 5 Internet today, and they can plan on continuing
11:27 6 that service and expanding it.
11:27 7 There are people here today from Division
11:27 8 of Communications who might be able to offer
11:27 9 more information or more specifics about that.
11:27 10 SECRETARY MORTHAM: Another question that
11:27 11 my staff had was: Do they plan on increasing
11:27 12 the staff for the State operators as a result?
11:28 13 MR. PONDER: I -- I can't answer that.
11:28 14 MR. MAYNE: Secretary Mortham, I'm
11:28 15 Glenn Mayne with the Division of
11:28 16 Communications.
11:28 17 We do have a plan in place that for those
11:28 18 who do not have either access to the Internet,
11:28 19 or the ability to get with our State operators,
11:28 20 we do have a plan that will print hard copy for
11:28 21 those users that do ask for it.
11:28 22 As far as the State operators, by putting
11:28 23 in the attendants, we don't see a traffic volume
11:28 24 that would warrant increasing the number of
11:28 25 those operators at this time.
ACCURATE STENOTYPE REPORTERS, INC.
INFORMATION RESOURCE COMMISSION
January 28, 1997
26
11:28 1 SECRETARY MORTHAM: Okay.
11:28 2 GOVERNOR CHILES: Further question?
11:28 3 Without objection, the motion is carried.
11:28 4 MR. PONDER: Thank you.
11:28 5 GOVERNOR CHILES: Thank you, sir.
6 (The Information Resource Commission Agenda
7 was concluded.)
8 *
9
10
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ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
27
11:28 1 GOVERNOR CHILES: Department of Highway
11:28 2 Safety and Motor Vehicles.
11:28 3 MR. DICKINSON: Good morning Governor,
4 Cabinet.
11:28 5 Item 1 is approval of minutes from the
11:28 6 November 7th Cabinet meeting.
11:28 7 COMMISSIONER BROGAN: Move approval.
11:28 8 ATTORNEY GENERAL BUTTERWORTH: Second.
11:28 9 GOVERNOR CHILES: Moved and seconded.
11:28 10 Without objection, it's approved.
11 MR. DICKINSON: Item 2 is approval of the
11:28 12 quarterly report for the first quarter of the
11:28 13 current fiscal year.
11:29 14 COMMISSIONER BROGAN: Move approval.
11:29 15 COMPTROLLER MILLIGAN: And second.
11:29 16 GOVERNOR CHILES: Moved and --
11:29 17 ATTORNEY GENERAL BUTTERWORTH: I just have
11:29 18 a couple of very --
19 GOVERNOR CHILES: -- seconded.
20 ATTORNEY GENERAL BUTTERWORTH: -- very
11:29 21 short questions --
11:29 22 GOVERNOR CHILES: Yeah.
11:29 23 ATTORNEY GENERAL BUTTERWORTH: -- if I
11:29 24 could. It's been moved and seconded.
11:29 25 Fred, I've noticed in southeast Florida
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
28
11:29 1 over the past few months a -- what seems to be
11:29 2 an increasing number of tractor trailer,
11:29 3 18 wheelers overturning.
11:29 4 And I happened to be on the scene of one
11:29 5 about nine days ago. And the troopers on the
11:29 6 scene, I want you to know, did an excellent,
11:29 7 excellent job, because it does tie up traffic
11:29 8 for quite a bit of time. And when people are
11:29 9 going to the airport, some people get pretty
11:29 10 obnoxious, and your -- and they did a tremendous
11:29 11 job.
11:29 12 What I'd like --
11:29 13 GOVERNOR CHILES: How long did it take you
11:29 14 to calm down?
15 ATTORNEY GENERAL BUTTERWORTH:
11:29 16 Unfortunately, since some people recognized me
11:29 17 there, and I was helping calm other people
11:29 18 down. So I -- I guess I was going back to my
11:29 19 old days of -- of doing that type of work.
11:29 20 But what I was -- what I found out from a
11:30 21 number of the troopers on the scene is that they
11:30 22 do report to DOT, and do those full reports as
11:30 23 to why they believe this particular accident had
11:30 24 occurred. And they asked for, of course, some
11:30 25 relief.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
29
11:30 1 And I'm pleased you're doing that. But
11:30 2 I -- is there any way we can help you insofar as
11:30 3 that one particular intersection that I was at,
11:30 4 or -- or ramp. The troopers were advising me
11:30 5 that it's not unusual for two or three
11:30 6 tractor trailers to overturn on that particular
11:30 7 ramp, and it is such a cloverleaf, and it's
11:30 8 very -- it really does tie up traffic. And,
11:30 9 of course, it could end up causing lots of
11:30 10 injuries.
11:30 11 If there's anything we can do maybe to
11:30 12 assist you in that.
11:30 13 And also, a number of troopers believe that
11:30 14 possibly the increase -- and dramatic increase
11:30 15 of tolls on a turnpike has kept some of the
11:30 16 18 wheelers off the turnpike, and has put those
11:31 17 particular vehicles onto I-95, and some of the
11:31 18 ramps that may not have been actually designed
11:31 19 to handle this type of traffic.
11:31 20 So if there's anything we can do there, I'd
11:31 21 appreciate maybe if we can help you.
11:31 22 MR. DICKINSON: All right, sir.
11:31 23 ATTORNEY GENERAL BUTTERWORTH: And also,
11:31 24 your -- I think your officers are doing a great
11:31 25 job insofar as increasing the number of patrol
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
30
11:31 1 hours on the roadway.
11:31 2 We do not have enough troopers, we didn't
11:31 3 have it 12 years ago, we don't have them now.
11:31 4 The Governor, I think, has added a significant
11:31 5 number of troopers in his budget, hopefully the
11:31 6 Legislature will agree.
11:31 7 But for each -- each 4 hours you can keep a
11:31 8 trooper on the road, that'll probably be
11:31 9 equivalent to an additional almost 200 -- 170,
11:31 10 180 troopers.
11:31 11 And I notice your court hours seem to be
11:31 12 going down. But you can -- if you can keep us
11:31 13 advised as to how we may be able to assist you
11:31 14 with the various court administrators to make
11:31 15 sure that your court hours and your witness time
11:31 16 is kept to an absolute minimum.
11:31 17 And also I notice your report writing hours
11:32 18 are still pretty high, and it's about 15 percent
11:32 19 of your total obligated time.
11:32 20 If there's a way of assisting, insofar as
11:32 21 having a better system of writing reports,
11:32 22 I think there you'd be able to enhance your
11:32 23 visibility immensely. And there has to be a way
11:32 24 of working on that, and I know you are.
11:32 25 But if from time to time, maybe keep us
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
31
11:32 1 advised as to what you are doing insofar as
11:32 2 keeping troopers on the roads as close as
11:32 3 40 hours as possible.
11:32 4 Now, one question. When a trooper is
11:32 5 subpoenaed to a civil trial, or is -- or is
11:32 6 deposed in a civil trial, is that on that
11:32 7 trooper's time; or is that on literally the
11:32 8 State's time?
11:32 9 MR. DICKINSON: General, if the civil
11:32 10 action arose out of his -- some duty on the
11:32 11 highway, then that is on our time.
11:32 12 ATTORNEY GENERAL BUTTERWORTH: Okay. And,
11:32 13 of course, when you -- you handle most of the
11:32 14 fatalities in the state of Florida?
11:32 15 MR. DICKINSON: Yes, sir.
11:32 16 ATTORNEY GENERAL BUTTERWORTH: And of those
11:33 17 close to 3,000 or so a year over the -- less
11:33 18 than that, many of them are going to be involved
11:33 19 in lawsuits, many are serious accidents involve
11:33 20 lawsuits. Obviously, lawyers -- your trooper,
11:33 21 who spends literally hundreds of hours --
11:33 22 hundred hours in that report is going to be
11:33 23 subpoenaed.
11:33 24 Is there a way that we can -- since the
11:33 25 trooper is an expert, that we can modify the law
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
32
11:33 1 this year insofar as requiring the lawyers to
11:33 2 pay the troopers the -- an expert witness fee,
11:33 3 which would, in essence, be at least equivalent
11:33 4 to overtime. Thereby, they'll be able to go
11:33 5 back on the road for an additional number of
11:33 6 hours.
11:33 7 Because I -- I do not believe the
11:33 8 State of Florida should be taking a trooper off
11:33 9 the roadway when, if any other special expert
11:33 10 is, in fact, subpoenaed, you'll have to pay an
11:33 11 expert witness fee.
11:33 12 MR. DICKINSON: Yes, sir. In fact, we
11:33 13 today have that opportunity if they are declared
11:33 14 an expert witness. And I'll get with your --
11:33 15 with your agency to see if we can work something
11:33 16 out.
11:34 17 But they currently keep their witness
11:34 18 fees. We had some court action on that,
11:34 19 I guess, ten years ago.
11:34 20 ATTORNEY GENERAL BUTTERWORTH: Right. But
11:34 21 they can still keep the witness fees. You want
11:34 22 them back on the road --
11:34 23 MR. DICKINSON: Yes, sir, I understand.
11:34 24 ATTORNEY GENERAL BUTTERWORTH: -- if they
11:34 25 are collecting at least their time-and-a-half --
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
33
1 MR. DICKINSON: We're --
2 ATTORNEY GENERAL BUTTERWORTH: -- which
3 should --
4 MR. DICKINSON: -- working something --
11:34 5 ATTORNEY GENERAL BUTTERWORTH: -- be $50 an
11:34 6 hour.
11:34 7 MR. DICKINSON: -- out.
11:34 8 TREASURER NELSON: Governor --
11:34 9 GOVERNOR CHILES: Yes, sir.
11:34 10 TREASURER NELSON: -- just three quick
11:34 11 comments.
11:34 12 I noticed you have a 54 percent increase in
11:34 13 the number of seized tags from uninsured motor
11:34 14 vehicles. And that's just in three counties in
11:34 15 our pilot study. So congratulations.
11:34 16 Overall, you have a significant reduction
11:34 17 now of uninsured motorists, don't you --
11:34 18 MR. DICKINSON: Yes, sir.
11:34 19 TREASURER NELSON: -- as a result of just
11:34 20 that word getting out.
11:34 21 MR. DICKINSON: It's all word of mouth
22 right now.
11:34 23 I'd like to thank the Controller for
11:34 24 allowing us to pay some of those towers on the
11:34 25 front end of the program. The efforts of your
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
34
11:34 1 office and the Controller are certainly paying
11:34 2 off.
11:34 3 TREASURER NELSON: Well, that's terrific.
11:34 4 The other thing, I understand that by
11:34 5 automating the ordering of vehicle tags, your
11:35 6 Department has saved $2 million.
11:35 7 MR. DICKINSON: Yes, sir. And that'll
11:35 8 be --
9 TREASURER NELSON: Congratulations.
11:35 10 MR. DICKINSON: -- continuing. We're
11:35 11 shrinking it more and more, our inventory. So
11:35 12 we're looking for another six to eight hundred
11:35 13 thousand over the next year.
11:35 14 TREASURER NELSON: Thirdly, tell us, how do
11:35 15 you get Department personnel to volunteer
11:35 16 60,000 hours of time during the last quarter?
11:35 17 MR. DICKINSON: Well, the General just hit
11:35 18 on it. The Highway Patrol has probably the most
11:35 19 prolific auxiliary organization, I think in the
11:35 20 nation. The Colonel's here, and he can probably
11:35 21 speak to that.
11:35 22 But at one time, I know -- I believe former
11:35 23 President Bush was getting ready to give us some
11:35 24 accolade as the number one volunteer auxiliary.
11:35 25 And as you -- well, that was, you know, six
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
35
11:35 1 or seven years ago. This is not something that
11:35 2 just happened. The Florida Highway Patrol
11:35 3 Auxiliary has been out there for some time
11:35 4 exhibiting an inordinate amount of hours.
11:35 5 We also have a number of retired people who
11:35 6 show up at our driver license offices and
11:35 7 provide their volunteer time.
11:35 8 So it's a community effort there, and
11:36 9 I think where they see the need, they -- they
11:36 10 arrive, fill the bill.
11:36 11 Thank you.
11:36 12 ATTORNEY GENERAL BUTTERWORTH: Governor, I
11:36 13 was in Broward the other day, and somebody who
11:36 14 I'd known for years said to me, each time
11:36 15 they're able to walk in and just get their
11:36 16 driver's license without having to wait in line.
11:36 17 I -- I kind of thought that was a very good
11:36 18 program also. You really have, I think, cut
11:36 19 that time down --
11:36 20 MR. DICKINSON: We're working on it.
11:36 21 ATTORNEY GENERAL BUTTERWORTH: --
11:36 22 dramatically. Dramatically.
11:36 23 GOVERNOR CHILES: Other questions?
11:36 24 Without objection, the motion is carried.
11:36 25 MR. DICKINSON: Thank you, Governor.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
36
11:36 1 Item 4 -- excuse me -- Item 3 is request
11:36 2 approval to repeal some rules that were
11:36 3 statutorily dealt with last year, and they're no
11:36 4 longer needed.
11:36 5 COMMISSIONER BROGAN: Move approval.
11:36 6 ATTORNEY GENERAL BUTTERWORTH: Second.
11:36 7 GOVERNOR CHILES: Moved and seconded.
11:36 8 Without objection, it's approved.
11:36 9 MR. DICKINSON: Item 4 is to request
11:36 10 approval and authority to file for a rule,
11:36 11 setting some fees for DUI schools.
11:36 12 We came before you about two-and-a-half
11:36 13 years ago, and we dealt with everything -- at
11:36 14 that point, the DUI schools were brought over to
11:36 15 the Department from the judiciary.
11:36 16 We've set the rules in place, we needed
11:37 17 about two-and-a-half years to provide some
11:37 18 audits and look at some fee, if you will. And
11:37 19 we've come to you with what we think is a good
11:37 20 statewide standard.
11:37 21 This was not an easy area. Most of these
11:37 22 schools are in the red. The -- the fee that
11:37 23 we've set, I believe, is under about what
11:37 24 40 percent of them currently charge. So they
11:37 25 will not be increasing any fees until that level
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
37
11:37 1 ever gets to what they currently charge.
11:37 2 We're asking for authority on the
11:37 3 finalization of that to you by rule.
11:37 4 COMPTROLLER MILLIGAN: Motion.
5 COMMISSIONER BROGAN: Second.
11:37 6 ATTORNEY GENERAL BUTTERWORTH: Second.
11:37 7 GOVERNOR CHILES: Moved and seconded.
11:37 8 Without objection, it's approved.
11:37 9 ATTORNEY GENERAL BUTTERWORTH: Governor,
11:37 10 this program also -- when it came over to the
11:37 11 Department, we had tremendous scandal in
11:37 12 Dade County, which is the reason why it came
11:37 13 over, a couple million dollars --
11:37 14 GOVERNOR CHILES: I remember.
11:37 15 ATTORNEY GENERAL BUTTERWORTH: -- was,
11:37 16 in essence, stolen. And we took that person to
11:37 17 trial, my office did. And since being at the
11:37 18 Department, we've seen a tremendous change in
11:37 19 all those programs.
11:37 20 GOVERNOR CHILES: Good.
11:37 21 Item 6?
11:37 22 MR. DICKINSON: Item 5 is request approval
11:37 23 to enter into a contract to reconstruct our
11:38 24 Opa Locka driver license facility.
11:38 25 COMMISSIONER BROGAN: Move approval.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
38
11:38 1 COMPTROLLER MILLIGAN: Second.
11:38 2 GOVERNOR CHILES: Moved and seconded.
11:38 3 Without objection, it's approved.
11:38 4 Item 6.
11:38 5 MR. DICKINSON: Item 6 is a -- request
11:38 6 approval to enter into a contract for the
11:38 7 development and validation of a Florida Highway
11:38 8 Patrol entry level test, which we currently do
11:38 9 not provide, but we feel this will help us get
11:38 10 some quality applicants for the Florida Highway
11:38 11 Patrol.
11:38 12 COMMISSIONER BROGAN: Move approval.
11:38 13 COMPTROLLER MILLIGAN: Second.
11:38 14 GOVERNOR CHILES: Moved and seconded.
11:38 15 Without objection, it's approved.
11:38 16 MR. DICKINSON: Item 7 is approval --
11:38 17 request approval to purchase computer and
11:38 18 peripherals for our driver license field
11:38 19 equipment. Those would be all the terminals in
11:38 20 our driver license offices.
11:38 21 Something that was approved last year in
11:38 22 the -- or authorized by the Legislature, and
11:38 23 this is the first installment of that effort.
11:38 24 GOVERNOR CHILES: Is there a motion?
11:38 25 ATTORNEY GENERAL BUTTERWORTH: Motion.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
39
11:38 1 COMMISSIONER BROGAN: Second.
11:38 2 GOVERNOR CHILES: Moved -- seconded.
11:38 3 Without objection, it's approved.
11:38 4 MR. DICKINSON: Item 8 is request authority
11:38 5 to renew the emissions contract for two one-year
11:39 6 extensions past March 31 of 1998, for all except
11:39 7 Broward County, which expires April 30th, 1998.
11:39 8 This would provide the current, on-going
11:39 9 emissions inspection program for those six
11:39 10 counties in our state for an additional two
11:39 11 one-year contract periods.
11:39 12 COMMISSIONER BROGAN: Move approval.
11:39 13 GOVERNOR CHILES: Moved and --
11:39 14 COMPTROLLER MILLIGAN: Second.
11:39 15 GOVERNOR CHILES: -- seconded.
11:39 16 Without objection, it's approved.
11:39 17 MR. DICKINSON: Item 9 is submission of our
11:39 18 plates. We seem to have a couple every -- every
11:39 19 meeting. We've also got the ag tag on the
11:39 20 bottom, the agriculture tag, that I think the
11:39 21 Commissioner wants to speak to. But that was
11:39 22 added for good cause.
11:39 23 The top tag is the Girl Scout tag. That
11:39 24 money would go to enhance Girl Scout programs
11:39 25 throughout the state.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
40
11:39 1 The Go Fishing tag will go to the Game and
11:39 2 Fish Department to enhance their education
11:39 3 efforts in the fishing world.
11:39 4 And the agriculture tag, I think the
11:39 5 Commissioner's --
11:39 6 COMMISSIONER CRAWFORD: Well, I think,
11:39 7 Governor, just -- I'd comment, I think the tag
11:40 8 worked out well. The proceeds from the tag will
11:40 9 go into the Agriculture in the Classroom program
11:40 10 we have. It's a statewide program that has been
11:40 11 real positive throughout the state. And we
11:40 12 expect it to raise a lot of money and do a lot
11:40 13 of good.
11:40 14 GOVERNOR CHILES: All right.
11:40 15 COMMISSIONER BROGAN: Need a motion,
11:40 16 Governor?
11:40 17 GOVERNOR CHILES: Yes, sir.
11:40 18 COMMISSIONER BROGAN: So move.
11:40 19 GOVERNOR CHILES: Moved and --
11:40 20 ATTORNEY GENERAL BUTTERWORTH: Second.
11:40 21 GOVERNOR CHILES: -- seconded.
11:40 22 Without objection, it's approved.
11:40 23 ATTORNEY GENERAL BUTTERWORTH: How many do
11:40 24 we have now? How many special tags?
11:40 25 Don't answer the question.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
41
11:40 1 COMMISSIONER CRAWFORD: Just move on.
2 MR. DICKINSON: Several.
11:40 3 ATTORNEY GENERAL BUTTERWORTH: More than
11:40 4 three, right?
11:40 5 MR. DICKINSON: We've got about forty, I'm
11:40 6 afraid.
11:40 7 The most popular tag right now seems to be
11:40 8 some -- something that emanated down in the
11:40 9 Gainesville area. The Gator tag seems to be
11:40 10 pretty hot right now, and -- we've got --
11:40 11 we've --
11:40 12 COMMISSIONER BROGAN: Don't go there now.
11:40 13 MR. DICKINSON: I have a -- so she tells me
11:40 14 everything that's going on.
15 ATTORNEY GENERAL BUTTERWORTH: Most
11:40 16 troopers are Seminoles, are they not, Fred? It
11:40 17 might cause a problem.
11:41 18 COMMISSIONER BROGAN: Back out gracefully.
11:41 19 MR. DICKINSON: Only for the last four or
11:41 20 five years, General.
11:41 21 MR. DICKINSON: Item 10, I'm real pleased
11:41 22 at this time to present Director Terry Gainer of
11:41 23 the Illinois State Police.
11:41 24 The Florida Highway Patrol for a number of
11:41 25 years has been actively seeking accreditation
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
42
11:41 1 from the Commission on Accreditation for Law
11:41 2 Enforcement Agencies, Inc., better known as
11:41 3 CALEA.
11:41 4 And we were real pleased about a month ago
11:41 5 to go down to Miami at their international
11:41 6 convention and receive accreditation.
11:41 7 So Director Gainer.
8 Governor and Cabinet.
9 MR. GAINER: Thank you.
11:41 10 Governor and Cabinet members, thank you
11:41 11 very much for allowing me to be here. As a -- I
11:41 12 am the Director of the Illinois State Police,
11:41 13 but I'm here today as a Commissioner on the
11:41 14 Accreditation of Law Enforcement Agencies in the
11:41 15 United States.
11:41 16 And this Commission was brought about by
11:41 17 the International Association of Chiefs of
11:41 18 Police; the Police Executive Research Forum; and
11:41 19 NOBLEE, the National Organization of Black
11:41 20 Law Enforcement Executives.
11:42 21 And it's a Commission that's designed to go
11:42 22 to law enforcement agencies throughout the
11:42 23 United States to look at their policies and
11:42 24 procedures and practices.
11:42 25 And after a very detailed review, and --
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
43
11:42 1 which takes a couple of years to decide whether
11:42 2 that Agency is allowed to be accredited.
11:42 3 And I'm happy to say that the Florida
11:42 4 Highway Patrol is the thirteenth state or
11:42 5 highway patrol agency in the United States to
11:42 6 submit itself to accreditation, and, in fact,
11:42 7 gain that accreditation.
11:42 8 So I'd like to present this to
11:42 9 Director Grimming and Fred. And let me just
11:42 10 summarize what it says on there, if I might.
11:42 11 Be it hereby known that the Florida Highway
11:42 12 Patrol, having fully demonstrated its voluntary
11:42 13 commitment to law enforcement excellence by
11:42 14 living up to a body of standards deemed
11:42 15 essential to the protection of life, health,
11:42 16 safety, and rights of the citizens it serves,
11:42 17 and having exemplified the best professional
11:42 18 practices in the conduct of its
11:42 19 responsibilities, it is hereby upon the
11:43 20 recommendation of members of the Commission on
11:43 21 Accreditation for Law Enforcement Agencies,
11:43 22 award this Certificate of Accreditation,
11:43 23 effective November 23rd, 1996, and the Florida
11:43 24 Highway Patrol is recognized as an accredited
11:43 25 law enforcement agency for a period of
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
44
11:43 1 five years.
11:43 2 Congratulations to the Florida Highway
11:43 3 Patrol, to the Governor, and the Cabinet members
11:43 4 here, on allowing this to take place.
11:43 5 You have a great agency, and I think it has
11:43 6 significantly contributed to the fact that the
11:43 7 death rate is going down on the Florida
11:43 8 highways, and that's a lot to be said about this
11:43 9 agency, its leadership, and the people of the
11:43 10 State of Florida.
11:43 11 So congratulations.
11:43 12 GOVERNOR CHILES: Thank you, sir.
13 Colonel.
11:43 14 COLONEL GRIMMING: Governor and Cabinet, if
11:43 15 I could, I'd like to certainly thank
11:43 16 Director Gainer for coming here and making this
11:43 17 presentation to us.
11:43 18 I'd also like to recognize the very
11:44 19 valuable team that we put together that helped
11:44 20 us to achieve accreditation. And that's
11:44 21 John Czernis, Sherward Gomillion,
11:44 22 Richard Mechlin, and Ann Holmes, who were a part
11:44 23 of our team that worked on this project over the
11:44 24 last several years.
11:44 25 Achieving national accreditation will
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
45
11:44 1 ensure that the -- that the Patrol is prepared
11:44 2 to enter the 21st century with very modern and
11:44 3 progressive policies and procedures, and enable
11:44 4 us to deliver the highest quality of service to
11:44 5 Florida's citizens.
11:44 6 What we'd like to do, if we could, at this
11:44 7 point in time, is we're going to be placing
11:44 8 these seals on our patrol cars today, which will
11:44 9 be a symbol of achieving that accreditation.
11:44 10 We'd like to present one to each of you.
11:44 11 Thank you very much.
11:44 12 GOVERNOR CHILES: Thank you.
11:44 13 Colonel, we -- we do want to congratulate
11:44 14 you and the troops very much on this
11:44 15 designation.
11:44 16 I think this is a very important
11:44 17 designation. We're working to try to have this
11:44 18 designation in a number of our law enforcement
11:44 19 agencies. FDLE spends considerable time, and
11:45 20 we're trying to make this -- our assistance
11:45 21 helpful to chiefs, to counties, to Sheriffs, so
11:45 22 that they can seek this -- this designation.
11:45 23 I think it's an outstanding mark.
11:45 24 And again, I want to personally thank you
11:45 25 for your efforts. You've done an outstanding
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES
January 28, 1997
46
11:45 1 job since you've taken over the -- the -- the
11:45 2 control of the troop. And wish you express our
11:45 3 appreciation to all of the members of the
11:45 4 Florida Highway Patrol.
11:45 5 COLONEL GRIMMING: Thank you, sir.
11:45 6 GOVERNOR CHILES: This is an outstanding
11:45 7 designation.
11:45 8 COLONEL GRIMMING: Thank you.
11:46 9 (Representatives of the Agency and
11:46 10 organization greeted the Cabinet members.)
11:46 11 GOVERNOR CHILES: I'm thinking about
11:46 12 whether to put this on my car or not. You know,
11:46 13 I mean, on the one hand, it's maybe a good
11:46 14 signal.
11:46 15 On the other hand, it may be saying to that
11:46 16 trooper, we want you to really do your job and
11:46 17 do it right.
11:47 18 I've got to think about that awhile.
11:47 19 ATTORNEY GENERAL BUTTERWORTH: Well, as
11:47 20 long as you have the he coon license plate on
11:47 21 the front, I wouldn't worry about it, Governor.
22 (The Department of Highway Safety and Motor
23 Vehicles Agenda was concluded.)
24 *
25
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
January 28, 1997
47
11:47 1 GOVERNOR CHILES: Department of Revenue.
11:47 2 MS. BLOUNT: Good morning, Governor, and --
3 GOVERNOR CHILES: Good morning.
11:47 4 MS. BLOUNT: -- members. I'm Bebe Blount,
11:47 5 and I'll be presenting the Department of
11:47 6 Revenue's agenda this morning.
11:47 7 Item 1 is to request approval of the
11:47 8 minutes from the December 10 meeting.
11:47 9 COMMISSIONER BROGAN: Move the minutes.
11:47 10 COMPTROLLER MILLIGAN: Second.
11:47 11 GOVERNOR CHILES: Moved and seconded.
11:47 12 Without objection, it's approved.
11:47 13 MS. BLOUNT: Item 2 is to request approval
11:47 14 of, and authority, to enter into a contract with
11:47 15 Dun & Bradstreet Information Services to provide
11:47 16 the Department with the computerized Regional
11:47 17 Information Warehouse for taxpayer data.
11:47 18 This is a pilot project that we'll be
11:47 19 conducting through the remainder of this fiscal
11:47 20 year through the Innovations Program.
11:47 21 ATTORNEY GENERAL BUTTERWORTH: Motion.
11:47 22 COMMISSIONER BROGAN: Second.
11:47 23 GOVERNOR CHILES: Moved and seconded.
11:47 24 Without objection, it's approved.
11:47 25 MS. BLOUNT: Thank you.
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DEPARTMENT OF REVENUE
January 28, 1997
48
11:47 1 Item 3 is a proposed final order that made
11:47 2 it to the agenda a little prematurely. There's
11:47 3 still some administrative time frames to run, so
11:47 4 I would like to withdraw that item.
11:47 5 ATTORNEY GENERAL BUTTERWORTH: Motion to
11:48 6 withdraw.
11:48 7 COMMISSIONER BROGAN: Second.
11:48 8 GOVERNOR CHILES: Motion to withdraw and a
11:48 9 second.
11:48 10 Without objection, it's approved.
11:48 11 MS. BLOUNT: Thank you.
11:48 12 And Item 4 is the delegation of authority
11:48 13 item that we had agendaed at the last meeting,
11:48 14 which was deferred. We're also requesting
11:48 15 withdrawal of this --
11:48 16 ATTORNEY GENERAL BUTTERWORTH: Motion to
11:48 17 withdraw.
11:48 18 COMMISSIONER BROGAN: Second.
11:48 19 GOVERNOR CHILES: Motion to withdraw and
11:48 20 second.
11:48 21 Without objection, it's withdrawn.
11:48 22 MS. BLOUNT: Thank you.
23 (The Department of Revenue Agenda was
24 concluded.)
25 *
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
January 28, 1997
49
11:48 1 GOVERNOR CHILES: State Board of
11:48 2 Education.
11:48 3 DR. BEDFORD: Governor Chiles, members of
11:48 4 the State Board of Education, good morning.
11:48 5 Item 1, minutes of the meetings held on
11:48 6 November 7th, November 19th, and December 10th.
11:48 7 COMMISSIONER BROGAN: Move the minutes.
11:48 8 SECRETARY MORTHAM: Second.
11:48 9 GOVERNOR CHILES: Moved and seconded.
11:48 10 Without objection, the minutes are
11:48 11 approved.
11:48 12 DR. BEDFORD: Item 2 is adoption of a
11:48 13 resolution authorizing the competitive sale of
11:48 14 not exceeding one hundred and eighty-nine
11:48 15 million eight hundred and forty thousand dollars
11:48 16 State of Florida, full faith and credit State
11:48 17 Board of Education capital outlay bonds.
11:48 18 COMMISSIONER BROGAN: Move approval.
11:48 19 SECRETARY MORTHAM: Second.
11:48 20 COMPTROLLER MILLIGAN: Second.
11:48 21 GOVERNOR CHILES: Moved and seconded.
11:48 22 Without objection, it's approved.
11:48 23 DR. BEDFORD: Item 3 is an amendment to
11:49 24 Rule 6A-1.09981, Implementation of Florida
11:49 25 System of School Improvement and
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
January 28, 1997
50
11:49 1 Accountability. This puts in place the 1996
11:49 2 legislative action.
11:49 3 COMMISSIONER BROGAN: Move --
4 SECRETARY MORTHAM: Move --
11:49 5 COMMISSIONER BROGAN: -- approval.
11:49 6 SECRETARY MORTHAM: Second.
11:49 7 GOVERNOR CHILES: Moved and seconded.
11:49 8 Without objection, it's approved.
11:49 9 DR. BEDFORD: Item 4, we would request
11:49 10 permission to defer until the February 25th
11:49 11 meeting.
11:49 12 COMMISSIONER BROGAN: Need a motion on
11:49 13 that.
11:49 14 SECRETARY MORTHAM: Second.
11:49 15 COMPTROLLER MILLIGAN: Second.
11:49 16 GOVERNOR CHILES: Motion to defer and
11:49 17 second.
11:49 18 Without objection, it's approved.
11:49 19 DR. BEDFORD: Item 5 is an amendment to
11:49 20 Rule 6A-10.032, Postsecondary Education Contract
11:49 21 Programs and Facilities.
11:49 22 COMMISSIONER BROGAN: Move approval.
11:49 23 COMPTROLLER MILLIGAN: Approved.
11:49 24 SECRETARY MORTHAM: Second.
11:49 25 GOVERNOR CHILES: Moved and seconded.
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January 28, 1997
51
11:49 1 Without objection, it's approved.
11:49 2 DR. BEDFORD: Item 6 is appointment to the
11:49 3 Pensacola Junior College Board of Trustees of
11:49 4 Richard R. Baker to May 31st, 1997.
11:49 5 COMMISSIONER BROGAN: Move approval.
11:49 6 SECRETARY MORTHAM: Second.
11:49 7 GOVERNOR CHILES: Moved and seconded.
11:49 8 Without objection, it's approved.
11:49 9 DR. BEDFORD: Item 7 is appointment to the
11:49 10 State Board of Community Colleges of
11 Joseph H. Lang, term to expire September 30th,
11:50 12 1997.
11:50 13 COMMISSIONER BROGAN: Move approval.
11:50 14 SECRETARY MORTHAM: Second.
11:50 15 GOVERNOR CHILES: Moved and seconded.
11:50 16 Without objection, it's approved.
11:50 17 DR. BEDFORD: Item 8 is appointment to the
11:50 18 Palm Beach Community College District Board of
19 Trustees of Harry A. Johnston to May 31st, 1997.
11:50 20 COMMISSIONER BROGAN: Move approval.
11:50 21 SECRETARY MORTHAM: Second.
11:50 22 GOVERNOR CHILES: Moved and seconded.
11:50 23 Without objection, it's approved.
11:50 24 DR. BEDFORD: Item 9, appointment to the
11:50 25 St. Petersburg Junior College District Board of
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
January 28, 1997
52
11:50 1 Trustees of Lacy R. Harwell, May 31st, 1998.
11:50 2 COMMISSIONER BROGAN: Move approval.
11:50 3 SECRETARY MORTHAM: Second.
11:50 4 GOVERNOR CHILES: Moved and seconded.
11:50 5 Without objection, that's approved.
11:50 6 DR. BEDFORD: Thank you.
11:50 7 GOVERNOR CHILES: Thank you, sir.
8 (The State Board of Education Agenda was
9 concluded.)
10 *
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ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION
January 28, 1997
53
11:50 1 GOVERNOR CHILES:
11:50 2 Administrative Commission.
11:50 3 DR. BRADLEY: Good morning.
11:50 4 Item number 1, recommend approval of the
11:50 5 minutes of the meeting held December 10th, 1996.
11:50 6 (Secretary Mortham exited the room.)
11:50 7 COMPTROLLER MILLIGAN: Motion.
11:50 8 COMMISSIONER BROGAN: Second.
11:50 9 GOVERNOR CHILES: Moved and seconded.
11:50 10 Without objection, it's approved.
11:50 11 DR. BRADLEY: Items number 2 A., B., and
11:50 12 C., recommend approval of the transfer of
11:50 13 general revenue appropriations in those items in
11:51 14 the Department of Children and Families.
11:51 15 COMMISSIONER BROGAN: Is --
11:51 16 ATTORNEY GENERAL BUTTERWORTH: Motion.
11:51 17 COMMISSIONER BROGAN: Is that motion for A.
11:51 18 through C. inclusive, Bob?
11:51 19 DR. BRADLEY: Yes, sir.
11:51 20 COMMISSIONER BROGAN: I'd make that motion
11:51 21 A. through C., Item 2, Governor.
11:51 22 COMPTROLLER MILLIGAN: And second.
11:51 23 GOVERNOR CHILES: So moved and seconded.
11:51 24 Without objection, it's approved.
11:51 25 DR. BRADLEY: Item number D. we'd request
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION
January 28, 1997
54
11:51 1 to be deferred till the next meeting.
11:51 2 COMMISSIONER BROGAN: Move it.
11:51 3 COMPTROLLER MILLIGAN: Second.
11:51 4 GOVERNOR CHILES: Moved and seconded.
11:51 5 Item D. is deferred without objection.
11:51 6 DR. BRADLEY: Item number 3 is recommend
11:51 7 the approval of transfer of general revenue
11:51 8 appropriations in the Justice Administration
11:51 9 Commission.
11:51 10 COMMISSIONER BROGAN: Move approval.
11:51 11 COMPTROLLER MILLIGAN: Second.
11:51 12 GOVERNOR CHILES: Moved and seconded.
11:51 13 Without objection, it's approved.
11:51 14 DR. BRADLEY: Item number 4 is recommend
11:51 15 the approval for authorization to establish four
11:51 16 positions in excess of the number fixed by the
11:51 17 Legislature in the Department of Management
11:51 18 Services.
11:51 19 COMPTROLLER MILLIGAN: Motion.
11:51 20 GOVERNOR CHILES: Moved and --
11:51 21 ATTORNEY GENERAL BUTTERWORTH: Second.
11:51 22 GOVERNOR CHILES: -- seconded.
11:51 23 Without objection, it's approved.
11:52 24 DR. BRADLEY: Item number 5, we'd request
11:52 25 deferral of the consideration of this item till
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION
January 28, 1997
55
11:52 1 the February 11th, 1997 --
11:52 2 COMMISSIONER BROGAN: Move deferral.
11:52 3 DR. BRADLEY: -- Commission meeting.
11:52 4 COMPTROLLER MILLIGAN: And second.
11:52 5 GOVERNOR CHILES: Moved and second.
11:52 6 Item 5 without objection, is deferred.
7 (The Administration Commission Agenda was
8 concluded.)
9 *
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ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
January 28, 1997
56
11:52 1 GOVERNOR CHILES: Florida Land and Water
11:52 2 Adjudicatory Commission.
11:52 3 DR. BRADLEY: Item number 1 is request
11:52 4 approval of the minutes of the December 10,
11:52 5 1996, Commission meeting.
11:52 6 (Secretary Mortham entered the room.)
11:52 7 COMMISSIONER BROGAN: Move approval.
11:52 8 ATTORNEY GENERAL BUTTERWORTH: Second.
11:52 9 GOVERNOR CHILES: Moved and seconded.
11:52 10 Without objection, it's approved.
11:52 11 DR. BRADLEY: Item number 2 is request
11:52 12 authorization for the Secretary of the
11:52 13 Commission to enter the draft final order.
11:52 14 COMPTROLLER MILLIGAN: Approve final order.
11:52 15 GOVERNOR CHILES: Moved and --
11:52 16 SECRETARY MORTHAM: Second.
11:52 17 GOVERNOR CHILES: -- seconded.
11:52 18 Without objection, it's approved.
11:52 19 ATTORNEY GENERAL BUTTERWORTH: I'll vote
11:52 20 no, Governor.
11:52 21 GOVERNOR CHILES: All right.
22 ATTORNEY GENERAL BUTTERWORTH: No.
11:52 23 DR. BRADLEY: Item number 3 is request
11:52 24 authorization for the Secretary of the
11:53 25 Commission to enter the amended draft order
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FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
January 28, 1997
57
11:53 1 granting the petitions and motions to intervene,
11:53 2 and forwarding the appeal to the Division of
11:53 3 Administrative Hearings for assignment of an
11:53 4 Administrative Law Judge in further
11:53 5 proceedings.
11:53 6 There's a number of parties to speak and
11:53 7 citizens, Governor.
11:53 8 GOVERNOR CHILES: All right. Do we have
11:53 9 some kind of time --
11:53 10 DR. BRADLEY: Yes, sir. We'd like to give
11:53 11 3 minutes to each party. And there are five of
11:53 12 those. And 1 minute to each citizen.
11:53 13 GOVERNOR CHILES: All right.
11:53 14 DR. BRADLEY: Let me first introduce
11:53 15 Stephanie Kruer from the Department of
11:53 16 Community Affairs.
11:53 17 She used to have a different name till
11:53 18 recently, Governor.
11:53 19 COMMISSIONER BROGAN: That could be good or
11:53 20 bad.
21 MS. GEHRES KRUER: Good morning, Governor
22 and Cabinet.
11:53 23 My name is Stephanie Gehres Kruer, General
11:53 24 Counsel for the Department of Community Affairs.
11:53 25 This case is before you today on the appeal
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FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
January 28, 1997
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11:53 1 by the Department of Community Affairs of a
11:53 2 development order for a DRI, St. George Island.
11:53 3 Since the appeal, the Department has
11:54 4 entered into good faith negotiations with the
11:54 5 landowner and developer. And some of the
11:54 6 petitioners to intervene in this proceeding were
11:54 7 included in those settlement discussions as
11:54 8 well.
11:54 9 The discussions resulted in a settlement
11:54 10 agreement between the Department and the
11:54 11 landowner developer that addresses the
11:54 12 Department's state and regional issues brought
11:54 13 about on the appeal, as well as the issues
11:54 14 identified by the Commission in its 1995 order
11:54 15 in response to this development; and many of the
11:54 16 petitioners' issues that are contained in their
11:54 17 petitions to intervene, including storm water
11:54 18 management, wastewater management, and wetlands
11:54 19 protection.
11:54 20 The settlement agreement requires that the
11:54 21 local government, Franklin County, take action
11:54 22 to amend the development order to address the
11:54 23 state and regional issues at a duly noticed
11:54 24 public hearing.
11:54 25 The developer's also in the process of
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
January 28, 1997
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11:54 1 amending the comprehensive plan in
11:55 2 Franklin County to reflect the changes to the
11:55 3 DRI development order.
11:55 4 The recommendation before you is to send
11:55 5 this case to the Division of Administrative
11:55 6 Hearings upon ruling on the petitions to
11:55 7 intervene for further action by the Division.
11:55 8 Whether the Commission chooses to take that
11:55 9 action and refer this case to DOAH, or to defer
11:55 10 the case here at FLAWAC, and allow the local
11:55 11 government the opportunity to amend the
11:55 12 development order, the Department is convinced
11:55 13 that the state and regional issues raised on
11:55 14 appeal are protected.
11:55 15 Be glad to answer any questions.
11:55 16 COMMISSIONER BROGAN: Governor, could I
11:55 17 just ask --
18 GOVERNOR CHILES: Yes, sir.
11:55 19 COMMISSIONER BROGAN: -- one question,
11:55 20 because I've been a little confused, some
11:55 21 clarification.
11:55 22 What's the DCA's position on the storm
11:55 23 water treatment issue?
11:55 24 MS. GEHRES KRUER: We feel that the storm
11:55 25 water management has been adequately addressed
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FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
January 28, 1997
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11:55 1 in the tenth amendment to the DRI development
11:55 2 order.
11:55 3 The tenth amendment to the DRI development
11:55 4 order requires that storm water be treated in
11:56 5 excess of State standards.
11:56 6 The first couple inches of run-- of run-off
11:56 7 are the portions of the water that carry the
11:56 8 pollutants and the contaminants that storm water
11:56 9 management seeks to address.
11:56 10 This particular development is required to
11:56 11 treat the first two-and-a-half inches of storm
11:56 12 water run-off, whereas state standards are
11:56 13 between one and one-and-a-half inches of the
11:56 14 treatment for the storm water run-off.
11:56 15 The --
11:56 16 COMMISSIONER BROGAN: So you are satisfied
11:56 17 then that that exceeds the state standard; is
11:56 18 that --
11:56 19 MS. GEHRES KRUER: Yes, sir. The tenth
11:56 20 amendment is written in a manner to require that
11:56 21 the developer certify by professional engineer
11:56 22 to the County that those particular conditions
11:56 23 have been met for each unit built.
11:56 24 COMMISSIONER BROGAN: Thank you, Governor.
11:56 25 GOVERNOR CHILES: So what is going to be
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January 28, 1997
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11:56 1 the recommendation of the -- of the Department
11:56 2 then, to the Governor and Cabinet?
11:56 3 MS. GEHRES KRUER: The Department is --
11:56 4 it's my understanding that the developer/land
11:56 5 owner is going to request that FLAWAC defer this
11:57 6 item and leave it at -- before the Commission
11:57 7 for a period of time to allow the local
11:57 8 government to take action on the development
11:57 9 order.
11:57 10 The Department is fine with that position.
11:57 11 And we also have no problem with sending the
11:57 12 case to DOAH, if that's the Commission's will.
11:57 13 Our issues, the state and regional issues,
11:57 14 have been addressed. So in either forum, those
11:57 15 regional issues are protected.
11:57 16 ATTORNEY GENERAL BUTTERWORTH: Governor,
11:57 17 may I --
11:57 18 GOVERNOR CHILES: Yes, sir.
11:57 19 ATTORNEY GENERAL BUTTERWORTH: -- ask one
11:57 20 question?
11:57 21 What would the effect be on the people who
11:57 22 are moving to intervene if you were -- if we
11:57 23 were to do that?
11:57 24 MS. GEHRES KRUER: Move to DOAH?
11:57 25 ATTORNEY GENERAL BUTTERWORTH: No. Yeah,
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11:57 1 Move to DOAH -- yes. What would the difference
11:57 2 be if it moved to DOAH, versus if we just defer
11:57 3 this?
11:57 4 MS. GEHRES KRUER: The Commission has the
11:57 5 authority to grant the petitions to intervene
11:57 6 that are currently before it. Those petitioners
11:57 7 would still have to prove their standing at the
11:57 8 DOAH hearing.
11:57 9 In so doing, the case will be moved over to
11:57 10 the Division. The Department and the land owner
11:57 11 will still pursue their settlement agreements,
11:57 12 and the case -- the parties would just change
11:57 13 posture: The petitioners would then pursue
11:57 14 their case before the Division, and the
11:58 15 Department would be aligned with the
11:58 16 respondents, here Franklin County and the
11:58 17 landowner.
18 GOVERNOR CHILES: If --
19 MS. GEHRES KRUER: If the case -- I'm
11:58 20 sorry, Governor.
11:58 21 GOVERNOR CHILES: No. Go ahead.
11:58 22 MS. GEHRES KRUER: If the case stays at
11:58 23 FLAWAC, then the settlement is still alive, no
11:58 24 voluntary dismissal will occur until the local
11:58 25 government has taken its action to amend the
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11:58 1 development order, consistent with the
11:58 2 settlement agreement.
11:58 3 At that time, the Department would
11:58 4 voluntary dismiss its petition.
11:58 5 The petitioner intervenors retain the right
11:58 6 to appear before the local government and
11:58 7 express their positions at the local level as
11:58 8 well.
11:58 9 GOVERNOR CHILES: Do they retain their
11:58 10 right -- or is their -- their effort to petition
11:58 11 still alive to intervene if we simply delay --
11:58 12 if we delay the application?
11:58 13 MS. GEHRES KRUER: Well, the --
11:58 14 GOVERNOR CHILES: Or does the time -- the
11:58 15 clock run on their petition?
11:58 16 MS. GEHRES KRUER: The Commission has the
11:58 17 authority to take action today on the petitions,
11:59 18 even if it decides to defer the case and leave
11:59 19 it at FLAWAC.
11:59 20 GOVERNOR CHILES: If we defer the case --
11:59 21 MS. GEHRES KRUER: Okay.
11:59 22 GOVERNOR CHILES: -- can we defer the case,
11:59 23 not take action on their petition, and still --
11:59 24 is that still alive to take action on their
11:59 25 petition at a later time?
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11:59 1 MS. GEHRES KRUER: Governor, I think the
11:59 2 petitions are still alive, even though they're
11:59 3 not granted, unless and until there is a
11:59 4 voluntary dismissal of the appeal.
11:59 5 And the petitioners in that -- during that
11:59 6 interim period would take advantage, I assume,
11:59 7 of the local process, and participate in the --
8 GOVERNOR CHILES: Well, I'm just --
11:59 9 MS. GEHRES KRUER: -- local process.
11:59 10 GOVERNOR CHILES: -- just for my
11:59 11 information, I want to know if -- if delaying
11:59 12 the application would toll the running of a time
11:59 13 deadline on their petition to hearing, or are
11:59 14 we, in effect, denying their petition by virtue
11:59 15 of the fact that we delay?
11:59 16 MS. GEHRES KRUER: Governor, I need to
11:59 17 check the FLAWAC rules on that. And perhaps
11:59 18 while other speakers are speaking, we can
11:59 19 research that and come back --
11:59 20 ATTORNEY GENERAL BUTTERWORTH: Well,
11:59 21 Governor --
11:59 22 MS. GEHRES KRUER: -- and let you know --
11:59 23 GOVERNOR CHILES: While you're checking
11:59 24 that, let me ask you --
11:59 25 MS. GEHRES KRUER: Yes, sir.
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12:00 1 GOVERNOR CHILES: -- could we take an
12:00 2 action that if we delay, we are not foreclos--
12:00 3 we are tolling the running so that we would have
12:00 4 that decision before us to determine whether
12:00 5 we'd allow the petition or not, at a time when
12:00 6 the case comes back to us?
12:00 7 MS. GEHRES KRUER: I understand the
12:00 8 question.
12:00 9 ATTORNEY GENERAL BUTTERWORTH: I may
12:00 10 have -- I have the same type of question.
12:00 11 I guess my question would be is, if outside
12:00 12 before you came in here, if -- if DCA and the
12:00 13 County would have resolved their issue, would we
12:00 14 even be able to even vote on the -- whether or
12:00 15 not we want these people to intervene or not?
12:00 16 Or we would have been foreclosed from doing
12:00 17 that?
12:00 18 MS. GEHRES KRUER: If the Department had
12:00 19 settled prior to --
12:00 20 ATTORNEY GENERAL BUTTERWORTH: That's
12:00 21 right.
12:00 22 MS. GEHRES KRUER: Yes, sir. If we had met
12:00 23 the requirements of 42-2, and filed a voluntary
12:00 24 dismissal 48 hours prior to the Cabinet meeting,
12:00 25 then the intervenor's petitions would --
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12:00 1 ATTORNEY GENERAL BUTTERWORTH: So I think
12:00 2 you've answered a question then. If, in fact,
12:00 3 we defer this, they could be history.
12:00 4 MS. GEHRES KRUER: That may be, General. I
12:01 5 do need to check the law to be sure.
12:01 6 MS. TINKER: I -- I can tell you what the
12:01 7 FLAWAC rule says about the Governor's question.
12:01 8 If the settle-- if you all do not take any
12:01 9 action today, and if you defer this proceeding
12:01 10 to allow the local government to consider the
12:01 11 settlement agreement that's on the table by DCA
12:01 12 and the developer, and after the local
12:01 13 government takes that action and amends the
12:01 14 development order consistent with the settlement
12:01 15 agreement, DCA will then file a notice of
12:01 16 voluntary dismissal of this proceeding.
12:01 17 At that point, the FLAWAC rule requires the
12:01 18 Secretary of the Commission to dismiss the case,
12:01 19 to simply close it out. So the intervenors at
12:01 20 that point will not have any status in this
12:01 21 proceeding.
12:01 22 I'm Teresa Tinker, FLAWAC staff, by the
12:02 23 way.
12:02 24 DR. BRADLEY: Any -- any more questions of
12:02 25 those folks, Governor?
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12:02 1 The -- the next speaker with 3 minutes is
12:02 2 Ben Johnson, who is the owner of the proposed
12:02 3 Resort Village.
12:02 4 MR. JOHNSON: Thank you.
12:02 5 Two years ago, at the conclusion of a
12:02 6 year-long DOAH hearing process, I came to FLAWAC
12:02 7 and asked you to substitute your judgment for
12:02 8 that of Franklin County's elected officials
12:02 9 concerning certain aspects of my proposed
12:02 10 Resort Village project. My request was denied.
12:02 11 Although I was disappointed in the outcome,
12:02 12 I realized you weren't trying to stop me from
12:02 13 developing my land. I got the distinct
12:02 14 impression you wanted me to go back to
12:02 15 Franklin County with a detailed site plan,
12:02 16 giving them the opportunity to try to work
12:02 17 through all the issues at the local level.
12:02 18 I have done that.
12:02 19 Throughout the past two years, the State
12:03 20 and regional agencies, as well as the Board of
12:03 21 County Commissioners, have all taken their
12:03 22 responsibilities very seriously. They have
12:03 23 thoroughly studied every one of the issues that
12:03 24 are being raised here today by my opponents.
12:03 25 But the County and the agencies could not
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12:03 1 satisfy some of my opponents, particularly those
12:03 2 who just don't want me to develop a resort on my
12:03 3 property.
12:03 4 For example, for the past several years,
12:03 5 Mr. Tom Adams has been taking pictures
12:03 6 immediately after hurricanes and major tropical
12:03 7 storms. Not surprisingly, some of these
12:03 8 pictures show temporary flooding in low areas.
12:03 9 Mr. Adams has repeatedly shown these pictures to
12:03 10 the County and the State agencies.
12:03 11 DEP thoroughly studied this issue, but they
12:03 12 did not find sufficient cause to deny either our
12:03 13 storm water or our wastewater permits.
12:03 14 Yet today, I saw he had some of these same
12:03 15 pictures in the back of the room, and perhaps
12:03 16 was planning to show them to you.
12:04 17 Now, my opponents are asking you to
12:04 18 substitute your judgment, in effect, for that of
12:04 19 DEP, DCA, and Franklin County's staff and
12:04 20 elected officials. And they're asking you to do
12:04 21 that by first granting them intervenor status,
12:04 22 which gives them appellate rights, of course;
12:04 23 and also by sending us through a lengthy and
12:04 24 expensive DOAH hearing process. I hope you will
12:04 25 not find it necessary to do this.
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12:04 1 My concern is that by sending my project to
12:04 2 DOAH for what would be a fourth or fifth time,
12:04 3 you would be creating additional delay and
12:04 4 expense for a project that has been caught up in
12:04 5 what seems like an endless process of review, a
12:04 6 process which began in 1992, and has been going
12:04 7 steadily ever since, without letup.
8 (Commissioner Crawford exited the room.)
9 MR. JOHNSON: By granting my opponent's
12:04 10 intervenor status today, or by sending us to
12:04 11 DOAH, you will not change the ultimate outcome.
12:04 12 You will simply create months, or even years, of
12:04 13 additional delay, and substantial additional
12:05 14 expense for the taxpayers of Franklin County,
12:05 15 the members of the Plantation Owners
12:05 16 Association, and myself.
12:05 17 Accordingly, I would ask FLAWAC to defer
12:05 18 any action on this matter for 30 to 45 days in
12:05 19 order to give Franklin County an opportunity to
12:05 20 consider the proposed settlement.
21 But let me make it clear. If you are
12:05 22 unwilling to do that, or if you feel compelled
12:05 23 to immediately grant my opponent's intervenor
12:05 24 status, then I would ask you to immediately
12:05 25 refer the case to DOAH so that we begin the DOAH
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12:05 1 process as soon as possible.
12:05 2 Thank you.
12:05 3 DR. BRADLEY: Are there any questions,
12:05 4 Governor?
12:05 5 Okay. The next party is Commissioner
12:05 6 Raymond Wilson, who's the Chair -- Chairman of
12:05 7 the Franklin County Commission. And he's going
12:05 8 to introduce another Commissioner.
12:05 9 MR. WILLIAMS: I'm going to defer any
10 comments to Commissioner Jimmy Mosconis at this
11 time.
12:05 12 MR. MOSCONIS: Mr. Governor, members of the
12:05 13 Cabinet, my name's Jimmy Mosconis, County
12:05 14 Commissioner from Franklin County.
12:05 15 At this point, we don't have a position on
12:06 16 this. We were noticed this last Thursday from
12:06 17 the DCA. We had an emergency meeting Friday.
12:06 18 And basically at that meeting, we
19 instructed our attorney --
20 (Commissioner Crawford entered the room.)
12:06 21 MR. MOSCONIS: -- to write DCA a letter
22 saying we would -- once they signed this
23 amendment to our amendment, then we would take
24 that up at a -- either a special or regular
25 meeting, and consider it.
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1 So at this point in time, I can't --
2 the Board doesn't have a position on this issue
3 before you.
4 Now, we will be having a regular meeting
5 Tuesday of next week, and I'm satisfied it'll be
6 on our agenda then. But if you've got any
7 questions from me, I'll be glad to answer them.
8 GOVERNOR CHILES: Well, basically, I -- the
9 Commission would probably be supportive, would
10 they not, of us delaying this matter to give you
11 time to consider it, rather than --
12 MR. MOSCONIS: Absolute--
13 GOVERNOR CHILES: -- us approving --
14 MR. MOSCONIS: -- I think that --
15 GOVERNOR CHILES: -- it today?
16 MR. MOSCONIS: -- would -- I think -- I
17 think so, Mr. Governor, yes.
18 GOVERNOR CHILES: We could go on and slam
19 dunk you today, I mean, and --
20 MR. MOSCONIS: Well, we may want you to
21 before it's over.
22 GOVERNOR CHILES: You're right. Okay.
23 MR. MOSCONIS: But that's basically where
24 we are.
25 Something a little bit out of order here,
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1 because I didn't use my 2 minutes.
2 Franklin County was one of the counties
3 that was designated two years ago to receive a
4 major State institution. Franklin County is the
5 only county that doesn't have one. And we're
6 badly in need of those jobs.
7 Appreciate it.
8 TREASURER NELSON: That's called killing
9 two birds with one stone.
10 DR. BRADLEY: Next, Governor, I'd like to
11 introduce Richard Moore, Esquire, representing
12 St. George Plantation Owners Association, Inc.,
13 who is a potential intervenor.
14 MR. MOORE: Thank you.
15 Governor Chiles, Honorable members of the
16 Cabinet. My name is Richard Moore, and I
17 represent the St. George Plantation Owners
18 Association, Inc.
19 The Plantation Owners Association is the
20 official owners association for this 1200 acre
21 plantation development. Its responsibilities
22 include security, maintenance in operation, and
23 enforcements of covenants, rules, and
24 regulations.
25 One of the overriding goals of the
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1 Plantation Owners Association is the protection
2 of Apalachicola Bay from impacts of development
3 from within the plantation area.
4 That is why the Owners Association is here
5 today. The Owners Association timely filed its
6 petition to intervene in this DCA appeal. In --
7 in that appeal, DCA raised several critical
8 issues with the development approval.
9 Among those issues were: What is the true
10 size of this development? And did the developer
11 misrepresent the true size by excluding a
12 portion of the wastewater treatment plant which
13 was mandated by -- in the 1995 FLAWAC order.
14 Secondly, whether Franklin County violated
15 the 1977 development order, which prohibits the
16 filling of any wetlands by allowing the filling
17 of wetlands within the plantation.
18 The Owners Association, as I said, timely
19 filed its petition to intervene. And when
20 I mean timely, the DCA appeal was filed on
21 November 22nd, and we filed our petition to
22 intervene on November -- I mean -- excuse me,
23 November 22nd, we filed a petition to intervene
24 five days later, on November 27th.
25 Under the FLAWAC rules, petitioners who
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1 file petitions to intervene within 30 days can
2 raise additional issues. We have done that.
3 These issues include whether there have
4 been any assessment to the impact of on site and
5 off site wetlands as required by the 1995 FLAWAC
6 order; whether the storm water system for this
7 development was adequate, given the severe
8 flooding that occurs in the plantation in this
9 area; whether the wastewater treatment system
10 would adversely impact Apalachicola Bay and
11 Nic's Hole; whether the tenth amendment violated
12 the Franklin County Comprehensive Plan by
13 locating portions of the wastewater treatment
14 plant for this commercial development in a
15 residential land use.
16 It is my understanding that DCA does not
17 oppose our petitions to intervene,
18 Franklin County has no position on our petitions
19 to intervene. Ben Johnson has stated today that
20 he is opposed, but there has been no formal
21 motions in opposition to our petitions to
22 intervene.
23 The Owners Association petitions for
24 intervention have been pending before FLAWAC
25 since their filing in November of 1996. We have
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1 come to the Governor and Cabinet seeking an
2 order approving those petitions to intervene,
3 only to be told now that there is a contingent
4 settlement agreement that should preclude us
5 from having our petitions to intervene granted.
6 When I say "contingent," it only has two of
7 the parties signing it so far; and that is DCA
8 and the developer, Ben Johnson.
9 If this FLAWAC appeal is not dismissed, it
10 has to go back to the County. There are
11 problems in that settlement order. It does not
12 address the issues raised by DCA, it doesn't
13 address our issues.
14 If this -- if it is the decision of the
15 Governor and Cabinet to defer this, make that
16 deferral meaningful, grant our petitions to
17 intervene, refer it back to the County so our
18 issues can be addressed, as well as the issues
19 of the DCA.
20 Are you telling me my time's up --
21 DR. BRADLEY: Yes.
22 MR. MOORE: Thank you.
23 I'll take any questions, if there are any
24 questions.
25 GOVERNOR CHILES: Thank you, sir.
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1 DR. BRADLEY: The next person I'd like to
2 introduce is Thomas Adams, homeowner, who has
3 also a graphic he'd like you to look at.
4 MR. ADAMS: Governor Chiles, distinguished
5 Cabinet members. My name is Tom Adams. For
6 this proceeding, it could be Tom Anybody and
7 Tom Everybody.
8 I'm a citizen who came forward, who spoke
9 out with respect to issues that I feel are
10 unresolved.
11 Yes, I have been taking pictures, and they
12 are not pictures of shoes. These are pictures
13 that are not false, but defy what has been
14 stated, for example, in the wastewater treatment
15 permit. There is the statement that there is no
16 flooding or ponding of the absorption beds.
17 In your folder, the two tree-like pictures
18 show you that flooding and ponding does occur in
19 those absorption beds.
20 The third picture that's in your folder
21 shows you clearly that the major drainage to
22 this area is the airport. And you have a
23 picture that shows you the airport completely
24 unin-- inundated.
25 If you refer to the chart that's before
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1 you, on the left side, those are pictures at
2 various times of the airport completely
3 flooded.
4 On the right side you see in the top
5 photograph an aerial view, then followed by
6 Leisure Lane, which is the only through road,
7 sufficiently covered so as to disable six
8 automobiles in one of the storms. They were
9 abandoned in that spot.
10 At the -- at the very bottom you have
11 pictured the absorption beds, which are, indeed,
12 flooded. According to the modeling, that cannot
13 happen.
14 We have a model that says water flows
15 uphill, and water goes to the Gulf. The
16 pictures show otherwise.
17 Why I am -- why am I concerned as a -- as a
18 citizen?
19 I'm concerned for the oyster industry, for
20 the shrimp industry, for the seafood industry.
21 We have been told by DEP that a new area is
22 being opened for oystering. That's the area
23 directly in front of Nic's Hole, known locally
24 as the Hotel Bar.
25 Nic's Hole is the most prolific breeding
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1 area in the northern hemisphere. Nic's Hole is
2 State protected lands. The State owns most of
3 the property around the airport, and the
4 property contiguous with a resort village. The
5 POA, or the Plantation, owns the airport area
6 directly below that.
7 The good news for the people of
8 Franklin County is the tri-state compact. The
9 central thesis of the tri-state compact is the
10 protection of Apalachicola Bay.
11 I feel there are not adequate protections
12 with respect to the Bay. As you see, the
13 drainage is clearly there, and the drainage is
14 going to mix with and commingle with the
15 effluent -- with the effluent, carried out to
16 the bay through the airport drainage.
17 The bad news is that a settlement agreement
18 cuts off my head. I would have no further
19 opportunity.
20 I think it's important, and I beg you to
21 allow us to intervene and have our wishes heard.
22 Any questions?
23 GOVERNOR CHILES: Question?
24 MR. ADAMS: Yes.
25 GOVERNOR CHILES: Thank you, sir.
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1 SECRETARY MORTHAM: Yes, I do have a
2 question.
3 Sir, I just want to confirm that you have
4 been basically intervening during this entire
5 period of time?
6 MR. ADAMS: I've done that pro se, yes. I
7 intervened in the first proceeding. That was a
8 different matter.
9 That had to do with a -- with condos that
10 were fanned out all over the place, had to do
11 with docks that extended all the way out into
12 the wetlands, and had provision for motorized
13 catamarans to go through Nic's Hole. That was a
14 different project.
15 SECRETARY MORTHAM: Okay. But did you go
16 before Franklin County?
17 MR. ADAMS: Absolutely.
18 SECRETARY MORTHAM: Okay. Thank you.
19 GOVERNOR CHILES: Thank you, sir.
20 MR. ADAMS: Thank you very much.
21 DR. BRADLEY: Governor, with regard to your
22 earlier questions, Stephanie Gehres would just
23 like to complete the answer to that, if she
24 could.
25 MS. GEHRES KRUER: Thank you.
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1 Stephanie Kruer, DCA.
2 Teresa Tinker's remarks on the FLAWAC
3 Commission rules were entirely correct. It --
4 the act that would be most telling for the
5 Commission is not so much whether you choose to
6 defer, but the act is the Department's voluntary
7 dismissal.
8 If the Department takes action to voluntary
9 dismiss its appeal, then the case goes away,
10 there's no case left to intervene in.
11 The Commission has the authority to
12 basically put the case on hold, and order that
13 no action be taken, that the Department not
14 voluntarily dismiss; the local government do its
15 thing at the local level; and then if the
16 Department wants to dismiss at that time, we
17 would come before the Commission with a motion,
18 would not be a notice.
19 GOVERNOR CHILES: Thank you.
20 MS. GEHRES KRUER: Thank you.
21 DR. BRADLEY: Next, Governor, I have five
22 citizens who would like to have 1 minute each to
23 speak.
24 The first is Mary Short of the
25 Plantation -- the Plantation Association member.
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1 MS. SHORT: Governor, members of the
2 Cabinet, my name is Mary Lou Short. I am a
3 resident of the Plantation on
4 St. George Island.
5 I am also a business owner on the Island,
6 active in my community, Past President of the
7 St. George Island Civic Club, and I'm a
8 permanent fixture at all County Commission
9 meetings.
10 I have closely followed every aspect of
11 Resort Village for the past five years. As a
12 Plantation resident, I'm denied the opportunity
13 to comment on the many legal actions taken
14 against Franklin County by the Plantation Board
15 of Directors and its legal committee chairman,
16 Tom Adams, because these meetings are held
17 behind closed doors in executive session.
18 I represent the feelings of many Plantation
19 property owners and Franklin County citizens
20 when I say that we are weary of all of the
21 litigation and expense, and we would like to see
22 this issue resolved, and we would like to see it
23 resolved preferably in Franklin County.
24 Rather than forward this case on to DOAH, I
25 hope you will give the Franklin County Board of
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1 Commissioners the opportunity to resolve this at
2 the local level.
3 Thank you.
4 GOVERNOR CHILES: Thank you.
5 DR. BRADLEY: Next, Governor, I'd like to
6 introduce Andy Smith of the Legal Environmental
7 Assistance Foundation.
8 One minute.
9 MR. SMITH: Thank you for this opportunity
10 to address you.
11 To me, this comes down to a question of
12 risk. And it really should arise from a policy
13 of caution. You have the legal opportunity to
14 protect Apalachicola Bay. And I feel like that
15 the -- you should take the opportunity to grant
16 the petition to intervene.
17 These people have spent their time, done
18 research, they have issues that should be
19 addressed fully in this process.
20 If you allow them to intervene, the County
21 will still have the opportunity to continue with
22 its entry into the settlement negotiations, as
23 well as the citizens.
24 A mechanism for caution should be in the
25 comprehensive planning process, just like
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1 there's a risk assessment in other issues. If
2 we had a caution assessment, the State would not
3 be penalized for using caution, and the benefits
4 of a productive natural resource, like
5 Apalachicola Bay, would be a nondiminishable
6 asset.
7 On behalf of LEAF, the Legal Environmental
8 Assistance Foundation, our members, our staff,
9 and our friends, I encourage you to allow the
10 full participation of the petitioners in this
11 appeal.
12 Thank you very much.
13 GOVERNOR CHILES: Thank you.
14 DR. BRADLEY: Thank you.
15 Next, Governor, I'd like to introduce
16 Jeannie McMillan, a charter captain.
17 MS. McMILLAN: Good morning, Governor; good
18 morning, Cabinet. I'm Jeannie McMillan, and I
19 run an ecotourism business on St. George
20 Island. We do kayaking trips, canoe trips,
21 powerboat trips, fishing trips. And I probably
22 spend 8 to 10 hours on the water a day.
23 You have two factions here. You have two
24 factions against each other. You have a faction
25 that is -- is going to make a lot of money on
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1 this development.
2 Then you have a faction in Franklin County
3 that their quality of life is affected by
4 Apalachicola Bay. You have the oystermen, you
5 have the fishermen, you have ecotourism, you
6 have several tourists -- I mean, I handle 2,000
7 a year -- that come to our area because the bay
8 is pristine and prolific.
9 I beg of you to please allow intervention
10 with this -- with this agreement, and also hire
11 an independent hydrologist or engineer to look
12 at Mr. Johnson's data and statistics that have
13 been fed into this sewage treatment plant model.
14 That is my suggestion. Thank you.
15 GOVERNOR CHILES: Thank you.
16 DR. BRADLEY: Finally, Governor, I have a
17 Mr. Leeroy Hall of the Franklin County Seafood
18 Workers.
19 MR. HALL: Good morning, Governor and
20 Cabinet. My name's Leeroy Hall. I'm the
21 president of the Franklin County Seafood Workers
22 Association.
23 I came before the Governor and the Cabinet
24 members today to ask you guys to amend this
25 issue, send it back to the County.
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1 This development is near major oyster
2 reefs, right near them. Wrapped around them. I
3 don't think it's thoroughly been thought out.
4 I believe the County needs to have more time to
5 think about this.
6 As you know, Sandestin, Fort Walton had the
7 same thing, development. They ain't there no
8 more. They're gone. The State has literally
9 spent millions and millions of dollars on these
10 oyster bars to keep them where they're at.
11 Consider this real seriously before you let
12 it happen. Send it back to the County, and let
13 the County have an issue on it.
14 Thank you.
15 GOVERNOR CHILES: Thank you, sir.
16 DR. BRADLEY: That's the last of the
17 speakers, Governor.
18 GOVERNOR CHILES: All right.
19 SECRETARY MORTHAM: Governor --
20 GOVERNOR CHILES: Yes, ma'am.
21 SECRETARY MORTHAM: -- I move that we defer
22 any action on this case until February 25th,
23 1997, in an effort to give the parties another
24 opportunity to resolve their issues at the local
25 level.
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1 GOVERNOR CHILES: All right. In that
2 motion, do you include -- are you including that
3 we ask that, in any event, FLAWAC bring this
4 back to us for final determination, which would
5 allow the rights of the proposed intervenors to
6 survive until we take action?
7 SECRETARY MORTHAM: Well, that wasn't part
8 of my motion. But --
9 GOVERNOR CHILES: I'm just trying to --
10 ATTORNEY GENERAL BUTTERWORTH: I'll be glad
11 to amend it to that, if there's a second
12 provisional motion.
13 GOVERNOR CHILES: All right. It's been
14 amended to that.
15 COMPTROLLER MILLIGAN: And I would second
16 the first and the amended.
17 GOVERNOR CHILES: Okay.
18 TREASURER NELSON: State the amendment then
19 again, please?
20 ATTORNEY GENERAL BUTTERWORTH: Governor,
21 state that again.
22 GOVERNOR CHILES: It is that we -- that we
23 delay it --
24 For what period of time did you say?
25 SECRETARY MORTHAM: Till February 25th.
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1 GOVERNOR CHILES: -- till February 25th, to
2 allow the -- Franklin County time to take
3 action.
4 And as amended, it is instructing the staff
5 to not enter into a final settlement order until
6 this matter comes back to the Cabinet on
7 February 25th, which has the effect, as we
8 understand now from counsel, to keep alive the
9 right --
10 TREASURER NELSON: Right.
11 GOVERNOR CHILES: -- of the intervenors,
12 which we could terminate if we're dissatisfied
13 at that meeting. But it would not just cut them
14 out.
15 ATTORNEY GENERAL BUTTERWORTH: But also the
16 motion to intervene is also being deferred, too.
17 GOVERNOR CHILES: That's what I say. It
18 keeps their right to defer.
19 All right. Is there discussion?
20 Without objection, the motion as amended is
21 carried.
22 ATTORNEY GENERAL BUTTERWORTH: I'm not sure
23 the County Commission wants it back.
24 COMPTROLLER MILLIGAN: He got it.
25 ATTORNEY GENERAL BUTTERWORTH: Jimmy, you
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1 want this one back? We weren't sure you --
2 TREASURER NELSON: You got the whole
3 potato, Jimmy.
4 GOVERNOR CHILES: I think they want it
5 back, they don't know what they want.
6 COMPTROLLER MILLIGAN: Too late now.
7 (The Florida Land and Water Adjudicatory
8 Commission Agenda was concluded.)
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.
2 Marine Fisheries.
3 DR. NELSON: Good morning.
4 Item A on the agenda are the November 7th
5 minutes.
6 COMMISSIONER BROGAN: Move the minutes.
7 DR. NELSON: Item B is the initiation --
8 GOVERNOR CHILES: Wait a minute.
9 DR. NELSON: -- of the second --
10 GOVERNOR CHILES: Wait a minute. There's a
11 motion.
12 Is there a second on the --
13 SECRETARY MORTHAM: Second.
14 GOVERNOR CHILES: Moved and seconded.
15 Without objection, it's approved.
16 DR. NELSON: Item B is the second phase of
17 the spiny lobster trap reduction program.
18 ATTORNEY GENERAL BUTTERWORTH: Motion.
19 SECRETARY MORTHAM: Second.
20 COMMISSIONER BROGAN: Second.
21 GOVERNOR CHILES: Moved and seconded.
22 Without objection, it's approved.
23 DR. NELSON: And the final item number, C,
24 is the permanent mullet rule which will replace
25 the emergency rule currently in force.
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1 COMMISSIONER BROGAN: Move approval.
2 SECRETARY MORTHAM: Second.
3 GOVERNOR CHILES: Moved and seconded.
4 Without objection, that's approved.
5 Board of Trustees.
6 ATTORNEY GENERAL BUTTERWORTH: It's not
7 mullet, Governor, it's mullet we found out last
8 night at the Sheriff's Association's -- it's
9 mullet. It sounds better, and it's --
10 GOVERNOR CHILES: It used to be Lisa.
11 ATTORNEY GENERAL BUTTERWORTH: That's
12 right.
13 (The Marine Fisheries Commission Agenda was
14 concluded.)
15 *
16
17
18
19
20
21
22
23
24
25
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1 GOVERNOR CHILES: Good morning.
2 MS. WETHERELL: Good morning.
3 Item 1 is minutes.
4 GOVERNOR CHILES: Item 1 --
5 COMMISSIONER BROGAN: Move approval of the
6 minutes, Governor.
7 SECRETARY MORTHAM: Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, the minutes are
10 approved.
11 MS. WETHERELL: Substitute Item 2, surplus
12 land sale, rejection of all bids.
13 SECRETARY MORTHAM: I move to accept the
14 Milligan bid of $21,500.
15 ATTORNEY GENERAL BUTTERWORTH: Second.
16 COMMISSIONER BROGAN: Second.
17 COMPTROLLER MILLIGAN: Second. Third.
18 I don't know -- and I don't know him. But
19 they -- they certainly sound like good people.
20 ATTORNEY GENERAL BUTTERWORTH: The luncheon
21 will be served over there, is that --
22 SECRETARY MORTHAM: Yeah.
23 TREASURER NELSON: What are you buying,
24 Bob?
25 GOVERNOR CHILES: All right. Motion and
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1 second.
2 Without objection, it's approved.
3 MS. WETHERELL: All right.
4 Item 3, a purchase agreement for Florida
5 Springs Coastal Greenway.
6 COMMISSIONER BROGAN: Move approval.
7 SECRETARY MORTHAM: Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, that's approved.
10 MS. WETHERELL: Item 4 is a purchase
11 agreement for Belle Meade CARL project, and a
12 waiver of survey.
13 SECRETARY MORTHAM: Move approval.
14 COMMISSIONER BROGAN: Second.
15 GOVERNOR CHILES: Moved and seconded.
16 Without objection, that's approved.
17 MS. WETHERELL: Item 5, we're recommending
18 deferral.
19 SECRETARY MORTHAM: Move deferral.
20 COMMISSIONER BROGAN: Second.
21 GOVERNOR CHILES: Moved and seconded on
22 motion to defer.
23 And without objection, it's approved.
24 MS. WETHERELL: Item 6 is a modification of
25 a submerged land lease.
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1 (Attorney General Butterworth exited the
2 room.)
3 SECRETARY MORTHAM: Move approval subject
4 to special leasing conditions.
5 COMMISSIONER BROGAN: Second.
6 GOVERNOR CHILES: Moved and second subject
7 to special conditions.
8 Without objection, it's approved.
9 MS. WETHERELL: Item 7 is a submerged land
10 lease for a commercial marina, severance, a
11 docking facility, and replacement of a bulkhead.
12 COMMISSIONER BROGAN: Move approval.
13 SECRETARY MORTHAM: Second.
14 GOVERNOR CHILES: Moved and seconded.
15 Without objection, that's approved.
16 MS. WETHERELL: Substitute Item 8, we're
17 recommending proceeding to rulemaking on
18 amendments to Chapter 18-20 on aquatic
19 preserves.
20 COMPTROLLER MILLIGAN: Motion.
21 GOVERNOR CHILES: There's a motion?
22 COMPTROLLER MILLIGAN: Yes.
23 SECRETARY MORTHAM: Second.
24 GOVERNOR CHILES: Second.
25 Without objection, it's approved.
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1 MS. WETHERELL: Item 9, the designation of
2 submerged lands before high density lease areas,
3 and 46 two-acre aquaculture leases.
4 COMMISSIONER BROGAN: Move approval.
5 SECRETARY MORTHAM: Second.
6 COMPTROLLER MILLIGAN: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, it's approved.
9 MS. WETHERELL: Substitute Item 10,
10 recommending approval of the Florida Keys
11 National Marine Sanctuary Management Plan, and
12 confirmation of Ed Conklin as the Board of
13 Trustees' representative.
14 Governor and Cabinet, we have a lot of
15 people --
16 (Attorney General Butterworth entered the
17 room.)
18 MS. WETHERELL: -- here today; some whom
19 are speaking, and some are not.
20 There's been a lot of work done for the
21 last five or six years by people at the local,
22 state, and federal levels.
23 Everyone's been working together to come up
24 with a management plan. We're hoping that the
25 management plan is one that you as the Trustees
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1 of the State sovereign land are comfortable with
2 the conditions and the criteria.
3 I wanted to remind you that in years past,
4 some of the ways that you as the Trustees of the
5 State sovereign submerged lands have exercised
6 your duties to ensure that all of the public has
7 use of these lands, and that these lands are
8 protected.
9 In some cases in the past, you as the Board
10 of Trustees, have actually given title over to
11 the Federal Government for these lands. And a
12 couple of instances of that is Biscayne Bay and
13 Everglades National Park, lands that the State
14 acquired that you donated to the Federal
15 Government for that purpose.
16 In other cases, you have leased State lands
17 to Federal agencies in order to carry out your
18 duties as Trustees. Examples -- one good
19 example is Pelican Island National Wildlife
20 Refuge.
21 And in other cases, you have entered into
22 management agreements with the Federal agencies
23 in order to carry out your duties as Trustees.
24 The Big Cypress and the Key Deer National
25 Wildlife Refuges are examples of management
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1 agreements.
2 The plan before you today is not a
3 conveyance of title, it is not a lease, but
4 rather you're entering into a management
5 agreement with a Federal agency, with NOAA, in
6 order to carry out your duties as a Trustee to
7 provide protection to these sovereign submerged
8 lands.
9 We think it's in the public interest,
10 because under the National Marine Sanctuary Act,
11 you have an opportunity to -- to afford added
12 protection to these sovereign submerged lands.
13 The second part of this item has to do with
14 designating Ed Conklin. One of the conditions
15 of this agreement is that the State designates a
16 person to be an equal managing partner with the
17 Federal Sanctuary Superintendent.
18 And there was a lot of discussion about
19 this. A lot of the Cabinet aides wanted the
20 person that the Department designates to come
21 before you for confirmation. And the Department
22 has agreed on that, and -- so it's part of our
23 item.
24 We went ahead and suggested to you the
25 person that I would designate as the person to
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1 be the equal manager with the Federal Sanctuary
2 Superintendent.
3 Ed Conklin is the Division Director of the
4 Division of Marine Resources. He is the -- the
5 logical person to be the person designated to be
6 an equal partner with the Federal person.
7 If you would like, we will begin on the
8 list. We have some officials here that I would
9 call forward.
10 GOVERNOR CHILES: Fine. Do we have some
11 kind of time --
12 MS. WETHERELL: Yes, sir, we do. We have
13 four people, first of all, who have come in an
14 official capacity to make a few remarks.
15 Then we have an opponent's list, and a
16 supporter's list. And they have worked out
17 amongst themselves 20 minutes per side. And I
18 will call them forward, and we will take time on
19 that.
20 GOVERNOR CHILES: All right.
21 MS. WETHERELL: The first list though, the
22 four people who are here -- if
23 Congressman Deutsch is here, Peter Deutsch is
24 here -- to speak briefly.
25 Thank you.
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1 GOVERNOR CHILES: Congressman, we welcome
2 you here. You've been very patient in this
3 meeting, and we appreciate your presence here.
4 CONGRESSMAN DEUTSCH: Thank you, Governor.
5 It's an honor to be here. In my 15 years in
6 government, this is the first time I've appeared
7 in front of the Cabinet. And to follow someone
8 who was elected when I was elected in 1982.
9 Both of us are still alive, which is an
10 accomplishment, I guess.
11 MS. WETHERELL: Barely.
12 GOVERNOR CHILES: You're not out of here
13 yet.
14 CONGRESSMAN DEUTSCH: You don't know what
15 I've gone through to get here.
16 So, first, let me thank the Cabinet and
17 really their staff for the work that they've
18 done over the last several months on this issue.
19 And let me also thank really the people of
20 Monroe County. This has really been a local
21 issue, as only local issues can be, in a
22 community that I think is more concerned about
23 its future than any other community I've ever
24 known or been associated with in my lifetime and
25 my public career.
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1 And you're going to hear from a number of
2 people today. But they represent really the
3 community of 80,000 people that has been
4 intimately involved in this debate and this
5 discussion for six years. And this is really
6 towards the end of that debate.
7 And I think that as much -- as contentious
8 as this sort of sanctuary issue has been in the
9 Keys, I really want to focus in for a second the
10 consensus.
11 And the consensus point is -- as much
12 debate as we hear, I think there is almost
13 100 percent consensus that not just in
14 Monroe County, not just in Florida, but in the
15 entire country -- but I want to focus on
16 Monroe County for a second -- that there is a --
17 almost 100 percent consensus to try to protect
18 the resources that exist down there, the reef
19 and the ecosystem that exist.
20 And Monroe County is unique really in the
21 country -- Florida has several areas like
22 this -- but the environment is the economy in
23 Monroe County. There's not one person that I've
24 met in Monroe County is not committed to
25 protecting the environment there.
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1 Then we sort of talk about, well, how to do
2 that. And the marine sanctuary structure is a
3 structure that can do that, can be protective of
4 environmental resources.
5 And there's been a lot of debate about
6 different alternative structures. I would come
7 to you today, along with my two other Federal
8 colleagues that represent this area. You should
9 have a letter signed by myself, as well as
10 Florida's two senators, Bob Graham and
11 Connie Mack, that we submitted to the Cabinet,
12 each of your offices yesterday, all three of us,
13 supporting this resolution and supporting the
14 sanctuary.
15 I think it's all three of our belief that
16 the sanctuary structure has proven itself really
17 the best structure available. And I think
18 though -- what we also though is we also, all
19 three of us, support your resolution. And let
20 me talk about somewhat specifically.
21 I think that your resolution that you have
22 in front of you today really is government at
23 its best, government working. You have dealt
24 with, I think, some of the controversial issues
25 that the management plan presented, and you
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1 have, I believe, resolved them to really the
2 advantage of people throughout the state, but
3 specifically the people of Monroe County.
4 I'd like to focus in on three of those
5 issues. In the time that I've interacted with
6 people in the Keys, I believe the number one
7 specific concern that people raise was land
8 based management issues by the sanctuary.
9 I think it is absolutely 100 percent clear in
10 your resolution that that will not occur. That
11 is a fundamental change that by your resolution,
12 you will adopt.
13 And I think that is a significant change,
14 and I think it is something that I believe when
15 people hear it and understand it, will alleviate
16 some of the major concerns that people had in
17 the Keys about the sanctuary.
18 Several other things that your resolution
19 deals with that have been brought up, the issue
20 of user fees. I think your resolution makes
21 absolutely clear that user fees cannot be
22 implemented without your approval, period.
23 Without exception, without, you know, any kind
24 of debate. Absolute black and white. There
25 can't be user fees unless you as the Florida
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1 Cabinet vote to have user fees.
2 The third issue is the emergency power
3 provision. Again, it's black and white in your
4 resolution. They cannot be implemented without
5 the Governor saying that they're implemented.
6 It's not the sanctuary manager sitting,
7 you know, in Key Largo or Key West or someone in
8 Washington.
9 It's the Governor of the State of Florida
10 who has emergency powers in terms of a variety
11 of other things that would have the power to
12 implement those emergency powers.
13 And the fourth thing that I mentioned is
14 what you put in your resolution about a review
15 period. I mean, you give yourself, as the Board
16 of Trustees of the submerged lands in the state
17 of Florida, the ability to come back and look at
18 where we are five years from now.
19 And you'll have that ability five years
20 from now, and the public will have the ability
21 to interact with you during that period of time.
22 So, again, I -- I thank you, I thank your
23 staffs. I believe that at the end of the day,
24 this resolution and the -- and the passage of
25 this and what we're doing is going to be
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1 something that's benefitting every person that
2 lives in Monroe County; and not just them, but
3 really every person, every child, every future
4 grandchild in the state of Florida.
5 And I urge your adoption of the resolution.
6 Thank you very much.
7 MS. WETHERELL: Okay. Next we'll call on
8 the Deputy Administrator of NOAA, Terry Garcia.
9 MR. GARCIA: Thank you.
10 Good morning, Governor. My name is
11 Terry Garcia. I'm the Acting Assistant
12 Secretary of Commerce for Oceans and Atmosphere,
13 and the Deputy Administrator of the National
14 Oceanic and Atmospheric Administration.
15 I appreciate the opportunity that you all
16 have given us to appear here today to speak to
17 you about the Florida Keys National Marine
18 Sanctuary.
19 I'm here representing the Department of
20 Commerce, and NOAA, as well as to convey to you
21 the support of the Clinton administration for
22 this important initiative.
23 On a personal note, I also come before you
24 as a native Floridian, keenly aware of the
25 importance of our coastal waters, and
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1 appreciative of the State's proud history of
2 protecting them.
3 The importance of our work today cannot be
4 understated. Florida, the nation, the
5 international community, are all watching to see
6 how we act to provide long-term protection for
7 the special resources that are found in the
8 Florida Keys.
9 These waters include America's only living
10 barrier coral reef; patch reefs; hard bottoms;
11 vast sea grass meadows, which are among the
12 largest in this hemisphere; mangrove fringed
13 islands; and over 6,000 marine species.
14 The reef system is the third largest in the
15 world. The coral reefs have been called the
16 rain forest of the sea; vast sources of new
17 medicines, food, jobs, and storm protection for
18 coastal areas.
19 The Florida Keys National Marine Sanctuary
20 is an essential element of the Clinton
21 administration's south Florida initiative.
22 The partnership that we believe has been
23 established with the State is critical to the
24 successful implementation and sustainable
25 management of the south Florida ecosystem.
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1 Six years ago, Congress asked the State of
2 Florida and NOAA to join forces to protect the
3 Florida Keys reef system.
4 The State and NOAA have worked together
5 with the local community in an unprecedented
6 manner on a strategy to protect the Key's
7 fragile marine resources, while preserving the
8 unique way of life and quality of life that is
9 associated with the Florida Keys.
10 We've participated with the State in
11 countless public meetings and hearings, and have
12 reviewed and responded to thousands of public
13 comments on the sanctuary management plan.
14 It has been a challenging effort to address
15 the diverse public and private interest in
16 protecting and managing these waters.
17 Our effort now stands as the model for
18 cooperative protection of the world's natural
19 treasures.
20 Much is at stake. As the Congressman just
21 noted, each year millions of tourists spend over
22 $1.2 billion in Monroe County alone.
23 In addition, the Keys generate 1.6 billion
24 in sales, 1.4 billion in income, and 8300 jobs
25 in Dade and Broward Counties.
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1 The extent to which citizens, State
2 agencies, and Federal agencies have come
3 together in this partnership, is unlike anything
4 we have seen before.
5 The partnership is essential to our
6 reaching the ultimate goal, the long-term
7 protection of the Florida reef system.
8 In a region where a strong economy is
9 inextricably linked to a healthy environment, it
10 is crucial that we work together to sustain them
11 both.
12 As we consider our future, I would like to
13 reflect upon the progress that we have made.
14 Recently, the sanctuary lead a first of its
15 kind effort to restore sections of coral reef
16 devastated by the Elpis and Maitland ship
17 groundings in 1989. Using funds recovered from
18 the responsible parties, we brought cutting edge
19 technology together with old-fashioned elbow
20 grease to rebuild the reef system.
21 Now, sanctuary researchers from the State
22 and Federal governments are transplanting live
23 corals, rebuilding in a couple of years what it
24 would have taken centuries for nature to do.
25 The sanctuary's water quality protection
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1 program brings NOAA, the State, the County, and
2 EPA together to bring the most pressing problem
3 facing the Keys' waters. These agencies are
4 already incorporating the sanctuary's water
5 quality protection program into their management
6 decisions.
7 The plan will protect thousands of acres of
8 sea grass that have been impacted by boating
9 activity. The plan contains measures to protect
10 these valuable resources through better channel
11 marking and education. The sanctuary protects
12 the living coral reef from direct impact from
13 human sources such an anchor damage, boat
14 grounding, and inadvertent diver impact.
15 Each year, the sanctuary's coral reef
16 classroom takes Monroe County teachers and
17 school children on the water to learn firsthand
18 about coral reef ecology, identify species, and
19 learn about the importance of water quality.
20 In addition, Team Ocean, one of our
21 volunteer programs, provides on the water
22 interpretation for sanctuary users. These
23 volunteers explain regulations, including the
24 proper use of dive flags, mooring buoys, why
25 users should not touch coral, and distribute
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1 educational material.
2 The sanctuary's volunteer program produced
3 over 13,000 hours of volunteer service last year
4 by local residents eager to protect the coral
5 reef.
6 I mention these examples to highlight the
7 benefits that come from State/Federal
8 partnerships. The common denominator in these
9 examples is partnership; partnership with
10 residents, boaters, divers, fishermen, business
11 people, other government agencies, and the
12 State of Florida, and NOAA.
13 Our partnership thrives on shared
14 responsibility, cooperation, innovation, and
15 trust.
16 Our partnership respects and acknowledges
17 Florida's sovereignty through a more open and
18 equal relationship.
19 Our partnership means that Federal tax
20 dollars are being spent responsibly and locally.
21 Our partnership means better education for
22 our children, research for making intelligent
23 decisions, opportunities for entrepreneurs.
24 Our partnership ensures that local citizens
25 have a say in the protection of the
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1 Florida Keys. Our State and NOAA partnership is
2 working, and is the answer for providing
3 long-term protection of the Florida Keys.
4 Partnerships form the backbone of this
5 program. And the most important partnership is
6 the one that we, the State and NOAA, have with
7 users and visitors to the sanctuary.
8 Together we are the stewards of this
9 fragile environment; and the economic, social,
10 and ecological future of the Florida Keys
11 depends on its health and vitality.
12 We have an opportunity to embark upon a
13 unique State and Federal partnership which we
14 believe the fruits of will rebound to the
15 benefit -- the continuing benefit to future
16 generations.
17 On behalf of the National Oceanic and
18 Atmospheric Administration and the Clinton
19 administration, I would pledge our continued
20 support to this important effort. I would urge
21 you to commit to the partnership by approving
22 this resolution that's before you.
23 I would thank you for the opportunity to
24 present these views.
25 I would note that those who are fearful of
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1 unwarranted Federal involvement should only look
2 at the airline schedules to see how difficult it
3 will be for me to come down here and other
4 colleagues.
5 I will be more than happy to answer
6 questions.
7 I want to thank you, Governor, the staffs,
8 your Cabinet, for all of the hard work and
9 creativity that's gone into crafting what we
10 believe is a very unique partnership.
11 Thank you.
12 GOVERNOR CHILES: Thank you for your
13 statement.
14 You used the term partnership many times.
15 We are used to the word partnership between the
16 State and the Federal government.
17 I do want to congratulate NOAA. From
18 everything that our staff has told us, and our
19 people have told us, this has truly been sort of
20 a true partnership. Many times we think that is
21 a word that's freely used by our Federal
22 partners, so to speak -- masters many times. We
23 think it is more of a valid word this time.
24 Y'all have worked hard to accommodate and to
25 allow the State its role.
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1 This is kind of unique because there's
2 State land in this, there's Federal land in
3 this. We both have a dual role.
4 Management of the fisheries, things like
5 that, that we think should be left to the State
6 appear to be clearly left to the State by this
7 agreement. We think it is a partnership. We
8 thank you for that.
9 COMMISSIONER BROGAN: Governor, I would --
10 I would also just like to say to the
11 representative that -- that -- what I consider
12 to be healthy skepticism on the part of many as
13 to the role of not only the Federal, but also
14 the State obligation regarding issues like
15 this -- and I do regard it as healthy
16 skepticism -- should never be characterized as
17 paranoia.
18 It is founded, healthy skepticism that
19 comes back to haunt us on a fairly frequent
20 basis. And, therefore, whenever we talk about
21 something as important and -- and large as this
22 particular relationship, if you stop and
23 consider where this process started in terms of
24 agreement and where it is today, I would suggest
25 that it -- if it were not for the healthy
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1 skepticism of many, we would not have the
2 agreement before us today which has in itself,
3 I think, probably a healthy chance of passing.
4 As one of the members of this body, and
5 someone who at least for the next couple of
6 years, is charged with being a steward of this
7 agreement, I also maintain that healthy
8 skepticism relative to roles and
9 responsibilities, and -- and believe that while
10 this is in the best interest of what -- what is
11 characterized as probably the most important and
12 environmentally sensitive ecosystems, not just
13 in Florida, but in the world, that we also have
14 the obligation to make certain that this new
15 partnership continues to be one which is
16 marching on an equal footing, and opened
17 regularly to scrutiny and consideration and
18 evolution, because I think it needs to be a
19 living partnership --
20 (Treasurer Nelson exited the room.)
21 COMMISSIONER BROGAN: -- which will no
22 doubt take on many looks and many faces as the
23 decades unfold.
24 And we always need to make certain that it
25 is a partnership that is acting in the best
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1 interest of that ecosystem and the people of the
2 state, people of the nation.
3 Thank you for being here today.
4 MR. GARCIA: Thank you.
5 GOVERNOR CHILES: Thank you.
6 MR. GARCIA: Thank you very much.
7 MS. WETHERELL: I'm going to call on next
8 the Chairman of the Governor's Commission for
9 Sustainable South Florida, Dick Pettigrew.
10 MR. PETTIGREW: Governor, members of the
11 Cabinet, it's a pleasure to be here today to
12 witness what I hope will be a monumental step
13 forward in a Federal, State, and regional, and
14 local partnership that is essential if south
15 Florida, which the Commission after many months
16 of study, diligent study, found is not on a
17 sustainable course at present.
18 And we have labored very, very hard to
19 develop recommendations, some 110
20 recommendations, and 300 action steps in our
21 initial report, which we unanimously adopted and
22 recommended as necessary to move Florida
23 toward -- and south Florida -- 45 percent of the
24 population of the state is in this region --
25 toward a more sustainable course.
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1 We've made recommendations about the
2 quality of life in the area, a sustainable
3 economy, a sustainable agriculture, and
4 restoring and sustaining the south Florida
5 ecosystem that starts at the Kissimmee Lakes,
6 moves way down through that huge drainage
7 system, through Lake Okeechobee out to the
8 estuaries, and down to Florida Bay, and into the
9 Florida Keys.
10 We're engaged in a 15- to 20-year program
11 of restoration and improved ecosystem
12 management. And this is the first step in that
13 partnership.
14 We will then have the Corps restudy. A
15 multibillion dollar commitment will have to be
16 made to implement the preservation of the entire
17 ecosystem. And the proper management and
18 availability of water -- provision of water for
19 all uses.
20 We've got plenty of water in south Florida,
21 and we've got to manage it properly, and we've
22 got to find ways to store it. We've tried to
23 deal with all of these issues.
24 Overall, we are trying to reach the point
25 that we have a consensus of the public at large,
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1 that we are willing to make the decisions as
2 a -- as citizens of this state, that are
3 required to achieve sustainability, which simply
4 means, as defined in -- by the Commission, as
5 meeting the needs of the present generation,
6 without destroying the ability of future
7 generations, to meet their needs.
8 This is an appropriate step. The
9 Commission has unanimously supported adoption of
10 the management plan. It has requested that you
11 make very explicit the partnership in the
12 supportive agreements, which I commend you for
13 having done.
14 And I urge your adoption of the resolution,
15 and look forward to working with you in the
16 future.
17 Thank you.
18 GOVERNOR CHILES: Thank you.
19 I want to thank you and the members of the
20 Commission for the tremendous job that you're
21 doing for us in making us look forward and start
22 the process towards putting a plan in place to
23 make sure that we do sustain this heritage and
24 this birthright that we have received and have
25 enjoyed the use of.
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1 I think y'all are doing a noble job, and I
2 applaud you again for the ability -- for the
3 work that you're trying to do to make sure that
4 all of us understand that we have a role to play
5 to that, and that we do get public acceptance.
6 Thank you.
7 MS. WETHERELL: Okay. Thank you.
8 Representing Monroe County is
9 Robert Apgar.
10 MR. APGAR: Good morning, Governor, members
11 of the Cabinet. I'm Bob Apgar with the firm of
12 Apgar and Pelham, representing Monroe County.
13 In 1991, Monroe County recognized that the
14 National Marine Sanctuary offered a unique
15 opportunity to work with Federal and State
16 government for long-term, sustainable management
17 of the County's resources. And the resources of
18 the Florida Keys.
19 Subsequent to that time, the County adopted
20 its Comprehensive Plan, which you approved in
21 January this year, which contains literally
22 hundreds of policies that link the County's
23 plan --
24 (Treasurer Nelson entered the room.)
25 MR. APGAR: -- and the County's resource
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1 management to the sanctuary activities.
2 And since the publication of this
3 management plan, the County has conducted an
4 in-depth study of that plan by its staff which
5 concluded that the benefits of going forward
6 with this plan far outweigh the necessary
7 burdens that come with it.
8 (Commissioner Crawford exited the room.)
9 MR. APGAR: And Mayor Keith Douglas asked
10 me to come here this morning to tell you that
11 the County Commission's position in support of
12 the sanctuary, first enunciated in that 1991
13 resolution, has not changed.
14 And I'd be happy to answer any questions,
15 if there are any.
16 GOVERNOR CHILES: Thank you, sir.
17 MS. WETHERELL: We'll go now to the list of
18 opponents with 20 minutes. And to save time,
19 I'm going to call on four or five at a time.
20 First of all, David Paul Horan, Doug Kelly,
21 John Clark, and Bill Lyons in that order.
22 MR. HORAN: Governor Chiles, members of the
23 Cabinet, the proponents have had about
24 25 minutes already, so nobody's mentioned the
25 referendum that was conducted in Monroe County
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1 that came out 55/45 against the present plan
2 that's being urged before you today.
3 For months, the greater Key West Chamber of
4 Commerce that I represent, has come to
5 Tallahassee and supported the merits of the
6 sanctuary concept, and pointed out problems with
7 NOAA's final sanctuary plan.
8 You're now called upon to adopt, modify, or
9 reject the plan, as to State lands and
10 resources.
11 (Commissioner Crawford entered the room.)
12 MR. HORAN: Now, everybody in the Keys
13 believes that Florida's -- Florida Bay is a
14 water quality problem that is our most important
15 problem, and if we don't solve that one, we've
16 got very little to fight about.
17 What we disagree about is the overall
18 solution. Do we need a NOAA bureaucracy that is
19 much more authority than DCA and FLAWAC ever
20 dreamed about under critical concern
21 designation? I don't think so.
22 What about the Florida Legislature's
23 delegation to you of Trusteeship over State
24 lands and resources. Have each of you had your
25 own attorney give you an opinion of whether
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1 you've been given the legislative approval to
2 assign Trusteeship over to NOAA?
3 Once you pass this resolution, most of your
4 Trusteeship, over 2,000 square nautical miles of
5 State lands and resources, is at an end.
6 The State legislative powers over those
7 lands take a backseat to a Federal agency.
8 Eighteen years ago, the Florida
9 Supreme Court decision overturned critical
10 concern designation for Monroe County, and it
11 was based on the Florida Constitution's strict
12 separation of powers of government.
13 Now NOAA invites you to turn over
14 tremendous amounts of regulatory, and, yes,
15 legislative power, to cosanctuary managers.
16 Now, in paragraph 11 of your resolution,
17 you agree that Federal law and Federal
18 rulemaking is supreme. They make no mistake
19 about it. It was changed from the original
20 resolution that was before the -- your
21 Cabinet aides two weeks ago.
22 NOAA will have the power to preempt State
23 legislative and regulatory power within this
24 area. Please defer your position for at least a
25 month.
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1 I would urge you to consult with your
2 personal attorneys and the Senate president and
3 the Speaker of the House. Let them realize how
4 much power you are giving up.
5 Most of you will realize that your oath to
6 uphold the Florida Constitution is going to
7 require some major changes in that proposed
8 resolution.
9 Look at paragraph 11. It says if the
10 cosanctuary managers disagree, they will resolve
11 dispute -- and this is the change -- quote,
12 consistent with State and Federal laws,
13 close quote.
14 Let me tell you this: The supremacy clause
15 of the United States Constitution ensures that
16 they win every single time.
17 MR. KELLY: I'm Doug Kelly. I'm Managing
18 Editor of Florida Sportsmen magazine.
19 Let me start off by giving y'all some late
20 breaking news, if you haven't heard it yet. The
21 judge in the O.J. Simpson civil trial just
22 changed the venue of the trial from Los Angeles
23 to Tampa. And the reason given is that they
24 finally found a city that doesn't know anything
25 about football.
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1 I just lost all the Tampa votes.
2 I'd like to -- I'd really like to thank the
3 Cabinet Aides. The Cabinet Aides have really
4 done a fantastic job. I've enjoyed working with
5 them. You're to be commended for such a
6 professional staff.
7 We believe that the plan is an excellent
8 plan. The management plan has a tremendous
9 amount in it that can accomplish many great
10 things for the Keys. There are so many
11 different positive projects that you can't even
12 begin to number them.
13 We've kind of taken a middle-of-the-road
14 approach. We support the plan, if there's
15 some -- some significant changes to it. We
16 think a Federal sanctuary and Federal money can
17 do a lot of positive things.
18 And, I guess, of course, politically, when
19 you take the middle of the road, you end up
20 getting run over by both sides. But I'll try to
21 express our opinion anyway.
22 There are 40 no access zones identified in
23 the management plan. These include 18 sanctuary
24 preservation areas that cover some well-defined
25 reformations on the Atlantic, four special use
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1 areas that are supposed to be generally for
2 research purposes only.
3 There are 16 wildlife management area
4 no access zones to help nesting birds, and to
5 keep them from being molested.
6 And we -- we're for all of those. We think
7 that's excellent.
8 Where we have a problem is with the
9 replenishment, or what they now call the
10 ecological reserves.
11 As you know, there's a Western Sambos
12 Reserve that is 9 square nautical miles. And in
13 a couple of years, the plan, I believe, still
14 calls for the Tortuga zone, which would be over
15 100 -- probably 150 square nautical miles.
16 We don't believe the time is right yet for
17 the reserves. We think they should be tabled
18 from the plan and held for later. And I'll be
19 very brief in explaining why.
20 Six or seven years ago, the main proponent
21 for the zones was a -- is a fellow called
22 Dr. Jim Bohnsack. And he stated in a report --
23 NMFS 261 report, about these. He said the
24 outdoor number, location, and sizes of fishing
25 reserves needed are unknown. But estimates were
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1 made, and sites suggested based on available
2 information.
3 More precise location was not possible
4 because of the lack of scientific knowledge
5 concerning specific -- excuse me -- specific
6 habitat requirements for most species.
7 Dr. Steven Miller -- this is NOAA's
8 publication, Sounding Line -- states: I still
9 find it amazing, after working in the Keys
10 four years, that so little is known about the
11 health and status of coral reefs in the Keys.
12 Also in Volume III, M-6, the Sanctuary
13 Management Plan admits that there is an
14 inadequate information base existing as of now.
15 It's -- here's a copy of the page. It's in the
16 management plan.
17 And I'll just read one or two sentences:
18 Insufficient scientific and fishery information
19 exists on reefs; reef associated invertebrates,
20 fish, and plants on growth rates; life span
21 colonization patterns; distribution abundance;
22 landings; catch; effort; and mortality.
23 In addition, the plan in the same volume
24 states the following about the Western Sambos.
25 This is M-19 --
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1 GOVERNOR CHILES: You're going to have to
2 be a little more concise for us. We've got an
3 awful lot of people have come up here, and we --
4 we just want to try to hear from everybody.
5 We can't --
6 MR. KELLY: I apologize.
7 GOVERNOR CHILES: -- you're going to use up
8 all the 20 minutes --
9 MR. KELLY: All right.
10 GOVERNOR CHILES: -- if you're --
11 MR. KELLY: I apologize.
12 GOVERNOR CHILES: Yes, sir.
13 MR. KELLY: All right. Let me just then go
14 to say that we also believe that there should be
15 some fairness at hand, because in the sanctuary
16 preservation areas and reserves, there's a
17 provision to allow diving in them.
18 I'm a certified diver, I love to dive. But
19 we don't think if you're going to have
20 1.3 million people allowed in the areas that are
21 supposed to remain undisturbed, that that's fair
22 to other user groups that are being asked to
23 sacrifice.
24 Okay. In conclusion, we hope you'll table
25 the reserves, be fair to everyone, provide some
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1 research time so that these reserves can be done
2 in a proper, scientific manner.
3 Thank you.
4 GOVERNOR CHILES: Thank you.
5 MR. CLARK: My name is John Clark.
6 I'm retired from the Fish and Wildlife
7 Service; National Park Service; and the
8 Conservation Foundation at Washington, D.C.,
9 after 47 years of service.
10 I live permanently on Ramrod Key in the
11 Florida Keys, off of Big Pine.
12 I spent my whole life working, designing
13 these marine conservation programs here, and
14 many other countries, 30 to be exact. And I --
15 I've got some problems with this plan, which I'd
16 like to tell you briefly.
17 But let me say first, I'm also an
18 environmentalist with a great lot of experience
19 in Florida. I worked with Porter Goss on the
20 Sanibel plan, I've worked on the Apalachicola
21 plan back in the '80s. I've worked on
22 Lee County's island development plans.
23 Living in the Florida Keys, I have watched
24 the NOAA program emerge. I've read the
25 documents, I've attended the hearings.
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1 They communicated frequently with my junior
2 colleague, Billy Causey here, who is the -- in
3 charge of the sanctuary. So I have a pretty
4 good feeling for it.
5 I've done an independent review now, for
6 you, of NOAA's sanctuary plan. And we have
7 prepared what we consider to be an alternate
8 framework plan. Just an approach that would do
9 it better.
10 This is -- would be a realistic alternative
11 for State waters, not talking about Federal
12 waters. And let me tell you why this is
13 needed.
14 NOAA plan does not conform to professional
15 standards. I mean, this is a big Trojan horse,
16 we're talking about this and that, Federal/State
17 powers and all.
18 But for those of you who have looked inside
19 of this plan to see what's inside of it, it
20 doesn't conform to professional standards. It's
21 best as an imitation of a real plan, I'm sorry
22 to say.
23 It has no real scientific basis, and it is
24 unfinished for State waters. Scientific fact
25 finding is essential to designing these
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1 sanctuaries.
2 One has -- I'm trying to talk fast, sorry.
3 One has to find out where the fauna and
4 flora are all during the year, what species need
5 protection. One has to examine all the habitats
6 in the area scientifically to learn which ones
7 really need protection. One has to carefully
8 examine each environmental problem and look for
9 solutions.
10 These are the things we call standard
11 practices. And NOAA has ignored them all
12 virtually. So you've got a problem here.
13 And you end up with your typical
14 environmental impact statement. It's full of
15 species lists and geology lectures, none of
16 which are tied to the proposed regulations.
17 And I was not able to follow the trail of
18 reasoning from all the discussions to the final
19 regulations. It is, in essence, a -- I have to
20 just be candid -- a very sloppy job, it's
21 anecdotal, and unprofessional.
22 It's a great disappointment to me, and so
23 that's why I think we need time to work with the
24 State and prepare an alternative plan. And one
25 that the voters of Monroe County would support.
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1 Thank you.
2 GOVERNOR CHILES: Thank you, sir.
3 MR. LYONS: Governor Chiles, members of the
4 Cabinet, my name is Bill Lyons. I'm a resident
5 of Marathon and Monroe County.
6 I and my neighbors are 100 percent in favor
7 of the Florida Keys National Marine Sanctuary,
8 but only in Federal waters.
9 As Mr. Clark has pointed out, none of the
10 data that they have presented is substantiated.
11 None of it is conclusive, and none of it follows
12 logically.
13 What I would ask you to do is very simple:
14 Table NOAA's request for about five years, allow
15 studies to be done that prove there is benefit
16 to including the State waters. If they can
17 prove it, we'll go along with it 100 percent.
18 If they do not prove it, why would you seed
19 your sovereignty to NOAA?
20 Thank you.
21 MS. WETHERELL: Next Tom Murphy,
22 Michele Wells, Mary Kay Reich, and
23 Bill Vandercreek.
24 MR. MURRAY: Thank you, Governor Chiles,
25 ladies and gentlemen of the Cabinet. For the
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1 record, my name is Tom Murray. I'm here on
2 behalf of the Monroe County commercial fishing
3 organization, headquartered in Marathon.
4 This is the last of two-and-a-half years of
5 intensive effort, which the fishermen in the
6 Keys have made to try and gain some sanity in
7 the regulations proposed.
8 Much has been done. There have been many
9 improvements that have arisen, we do believe,
10 from healthy skepticism, as you've pointed out.
11 There's much more that needs to be done.
12 When NOAA first proposed the management
13 plan, they put together an economic impact
14 study, which they termed linking the economy and
15 the environment in the Florida Keys.
16 They did a wonderful job of looking at
17 tourism, but they neglected the basic industry
18 of fishing in the Keys.
19 Doug Kelly has alluded to some of the
20 issues that his organization and his
21 constituency faces regarding the closed areas as
22 they're being constructed and proposed.
23 Early on, the 100 square nautical mile area
24 in the Tortugas was being proposed as a
25 replenishment reserve for all the fisheries in
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1 the Keys.
2 After extensive debate, economic impact
3 assessments done through the University of
4 South Florida and others, we got to the point
5 we'd know they realized their initial
6 assessment; that is, that all the results were
7 beneficial was farfetched.
8 What we're asking the Governor and the
9 Cabinet today to do is drain off some of the
10 bath water from this very pretty baby. There's
11 a lot of work which needs to be done.
12 Additional control in the future over
13 fishery regulations is absolutely required. You
14 cannot defer or give up any of your scrutiny of
15 the State's agencies or other Federal councils
16 in your waters.
17 The fishermen in the Keys are middle of the
18 road. It's easy these days to be, I think,
19 distracted by often absurd accusations from
20 extremes. Monroe County commercial fishermen
21 produced 70 million dollars at the dock last
22 year out of this sanctuary. They have a lot at
23 risk.
24 They're not asking you to do away with the
25 sanctuary, they're asking you to support the
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1 original goal that they support: Work on the
2 water quality, protect the coral reef, but allow
3 businesses to continue.
4 These are legitimate business interests,
5 they're up to your responsibility in the
6 future. NOAA's tried to do a good job, they can
7 work a lot harder in understanding the economy
8 of the Keys, and making sure that their efforts
9 don't step on small business, exclude people
10 that don't need to be excluded.
11 Thank you very much.
12 GOVERNOR CHILES: Thank you.
13 MS. WELLS-USHER: Thank you for this
14 opportunity.
15 I keep hearing that the baby -- we
16 shouldn't throw out the baby with the bath
17 water. Well, I'm here to tell you that the
18 baby's dead, and the bath water stinks.
19 The controversy and the opposition
20 pertaining to the FKNMS is not about whether or
21 not we need to manage and conserve our
22 resources. This is a given.
23 What we are determining here is who gets to
24 determine, and how they are managed.
25 Let me ask, if you signed the Cabinet
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1 resolution as it's written now, who will be
2 mandated to receive the Federal funding to
3 support the management plan?
4 It will not be the State agencies, it will
5 be NOAA.
6 If you are still operating under the
7 mythology that going along with NOAA will
8 provide more Federal dollars for the State
9 coffers, then I urge you to take a look at the
10 95-96 budget for FDEP, and you will see what
11 kind of shell game is being played with our tax
12 dollars. I provided you all with that in the
13 package on January 13th.
14 Then carefully scrutinize the dwindling
15 appropriation of the entire NMS division. Ask
16 the resources committee, ask four subcommittees
17 of Congress why they had me testify.
18 Where is it going to come from? Who will
19 have the statutory, administrative, and civil
20 authority over these same resources?
21 Remember, by signing this memorandum
22 document, you are also endorsing and
23 relinquishing title and authority to an
24 unprecedented arena of subscribing authority and
25 title to entities and activities that have never
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1 been held in title by any regulatory body.
2 Is that -- isn't that why they call you
3 Trustees?
4 I implore you as Trustees of our state's
5 properties and resources to heed the buyer
6 beware motto. If you look, you will find that
7 NOAA's track record with other marine sanctuaries
8 is ripe with ongoing and growing litigation,
9 specifically challenging this assumption. Over
10 $170 million they've lost in lawsuits to date.
11 Can this state afford to be cavalier, and
12 risk being named in the inevitable lawsuits that
13 I can assure you will occur if you sign this
14 resolution?
15 Have you as the Trustees of our state at
16 lands put a price on the loss and elimination of
17 an entire indigenous population, culture, and
18 economy of 87,000 people?
19 I see the faces of pain every day. I live
20 with it every day. Does this state have the
21 time and resources available to become implicit
22 partners, shown to be civil -- in something that
23 will ultimately be shown to be a civil,
24 constitutional, and human rights violation
25 issue?
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1 Please think about it.
2 For these reasons, I personally testified
3 before four House subcommittees, which
4 ultimately resulted in a GAO investigation, that
5 found both NOAA agents and the Nature
6 Conservancy employees, guilty of violating
7 dozens of OMB procedures and guidelines on a
8 single quarterly contract alone.
9 Thousands of pages of more documentation
10 have already been received by the Congressional
11 aides in Washington.
12 The GAO report concludes that not only did
13 both parties misappropriate Federal tax dollars
14 to suppress a local referendum vote, but the
15 outcome has been two very significant actions by
16 the U.S. Congress and the legal community.
17 I urge you to consider these facts: U.S.
18 House Resources Committee has confirmed it will
19 be holding a full investigative hearing on the
20 practices of the NMS and their relations with
21 powerful NGOs.
22 I have been contacted by several high
23 profile attorneys who feel criminal charges of
24 civil rights violations have occurred, and they
25 are willing to proceed on a pro bono basis to
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1 file charges against any entities or individuals
2 supporting this plan.
3 I urge you, please review this. If you
4 can, shelve it or table it for at least 90 days
5 to give yourself the proper legal authority and
6 review before you sign on to becoming a partner
7 with this nest of vipers.
8 MS. REICH: Good morning, Governor and
9 Cabinet. I'm Mary Kay Reich. I'm a County
10 Commissioner from Monroe County, and I've never
11 voted for the marine sanctuary in its present
12 form.
13 There's not a person in Monroe County, and
14 I represent all of them, at this point in time,
15 or in this -- before this body, I'm representing
16 the 55 percent that voted against this, in a
17 nonbinding referendum on the 5th of November.
18 In this country, the right of the vote has
19 always been supreme. Please, I'm begging you,
20 don't ignore the vote of 55 percent of the
21 population of Monroe County against this entity
22 in its present form.
23 Do we need to preserve our reefs?
24 Of course. Our economy, our very livelihood
25 depends on it.
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1 Do we need another layer of bureaucracy to
2 do it? No, sir, I don't think so. And
3 55 percent of the people who supported me and
4 just reelected me to office, don't think so
5 either.
6 Please be very careful when you give away
7 any of your legislative powers. It's extremely
8 difficult to get it back.
9 Thank you.
10 MR. VANDERCREEK: My name is
11 Bill Vandercreek. I'm a retired FSU law
12 professor. I'm speaking as a member of the
13 Conch Coalition.
14 I would respectively suggest to the Cabinet
15 that they defer a vote on this issue, at least
16 to the February 25th meeting, for seven basic
17 reasons.
18 First, there was no real impact by citizen
19 groups until the referendum was won. It was
20 like hitting a mule with a stick. It got their
21 attention.
22 There were no substantive changes made
23 until only a couple weeks ago when the NOAA
24 people became concerned that the Cabinet would
25 not approve the deal.
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1 There's no opportunity to study the
2 economic impact, the environmental impact, or
3 give a proper response to the substantially
4 revised plan.
5 Four, the one-month period will give time
6 to build additional consensus.
7 Congressman Deutsch, before the result of the
8 referendum was announced, said he would abide by
9 the referendum. Of course, at that time,
10 I guess the referendum was expected to fail.
11 But it was rejected, and the sanctuary was
12 rejected. Congressman Deutsch then worked to
13 build a consensus. We did make some major
14 changes.
15 There are still some additional changes
16 which can be made. We need to work on the
17 boundaries, we need to concentrate on the reefs,
18 we need to concentrate on water quality
19 management. We need time for that.
20 Fifth, there's been a lot of controversy
21 about NOAA's activities. Let's not rush to a
22 judgment today and sweep that under a rug as any
23 type of cover-up.
24 Sixth, as you well know, you enter into a
25 partnership with the Federal government. You
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1 don't say oops tomorrow and rescind yourself.
2 You get in there for a five-year time period.
3 If you're going to commit this state for
4 five years, I would suggest one month, and delay
5 of the vote, would not be improper.
6 Seventh, the people of this state believe
7 in the Florida Cabinet. The people of this
8 state trust the Florida Cabinet to do what is
9 right for environmental issues.
10 The people of this state are
11 pro-environment. This Cabinet is
12 pro-environment. But you need a reasonable time
13 to make sure that your vote is right.
14 I think you're a brilliant group of
15 people. I don't think necessarily that you're
16 super clairvoyant. And I don't think we should
17 gamble on this issue. I think in one month, you
18 will be a lot more comfortable about your
19 decision. And I think the people of the State
20 of Florida would have a great deal more comfort
21 in you.
22 We trust Florida. You know, Hawaii is a
23 state that tourism is important to, the
24 environmental concerns are important to. Hawaii
25 rejected the government bureaucratic regulation
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1 of the sanctuary.
2 In one month, I think, the members of this
3 Cabinet can rest assured that the vote they cast
4 at that time would be the appropriate vote.
5 That will not delay, that will not
6 prejudice the rights of the parties, it will
7 give opportunity for further consensus, and the
8 opportunity for a meaningful response to the
9 changes which have just been made.
10 Thank you very much.
11 GOVERNOR CHILES: Thank you, sir.
12 MR. VANDERCREEK: I forgot to ask: Is
13 there any questions, but I was told my time was
14 up.
15 GOVERNOR CHILES: Thank you, sir.
16 MR. VANDERCREEK: Thank you.
17 MS. MOORE: Governor Chiles, members of the
18 Cabinet, I'm Sharon Moore. I represent the
19 Key West Chamber of Commerce. Thank you for the
20 opportunity today.
21 The Chamber represents over
22 700 businesses. We have 8,000 employees. We've
23 been working on the sanctuary issue for a long
24 time, even before all the media blitz.
25 We have provided our position in the past
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1 where we had voted to support the sanctuary
2 concept, but not the plan itself.
3 The other chambers in Marathon and the
4 Lower Keys support this position.
5 On -- the concerns we raised in the large
6 part have been addressed in the draft resolution
7 promulgated a few weeks ago.
8 The resolution has repeatedly been
9 redrafted by Cabinet aides. The Chamber have
10 used the extensive powers given to this
11 sanctuary as being in large part, legislative
12 powers for purposes of the Florida Constitution.
13 We consider it imperative that the State
14 continue both its legislative and administrative
15 jurisdiction over State lands and State
16 resources.
17 We applaud your decision to leave fishery
18 management of Florida's fishery resources to the
19 Florida Marine Fisheries Commission. However,
20 the most recent drafts we have reviewed leave
21 one issue that is of great concern to the
22 Chamber.
23 No matter what it's called, and in an
24 effort to make it acceptable, the no-take zones
25 constitute fisheries management. The proposed
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1 no-take zone running south from Key West to
2 beyond the reef, is one of the most highly
3 trafficked area in the Keys.
4 With the opening of Cuba, commercial ocean
5 transport from Stock Island and Key West will
6 increase the present heavy traffic over the area
7 so much that it could never be considered a
8 natural area. That area is also a primary
9 recreational area for our local residents.
10 The bottom line is that unless fishery
11 management action, including no-take zones is
12 approved by the Florida Marine Fisheries
13 Commission under the Florida legislative
14 criteria established for the Commission, it
15 should not exist.
16 The Chamber feels that the presently
17 proposed no-take zones are inappropriate.
18 Thank you very much.
19 GOVERNOR CHILES: Thank you.
20 MR. SWIFT: Governor and Cabinet, my name
21 is Ed Swift. I've spent three-and-a-half years
22 as a citizen in the sanctuary issue. I have no
23 financial interest one way or the other in the
24 issue.
25 I would just like to say that I've heard
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1 the government stand up here and tell you what
2 great partners they want to be. But no more
3 than two months ago, they proposed to you a plan
4 that would strip you of your legislative powers;
5 put you into a position of being illegally
6 acting; and then come back to you at the last
7 moment and say, be our partner, be our friend;
8 let's work this all out.
9 And I say they're coming to you with their
10 tail between their legs, because they know what
11 they gave you was inappropriate and wrong, and
12 it's still inappropriate and wrong.
13 Now, concerning the no-take zone; my daddy
14 taught me to fish in that area off Key West, I
15 taught my son to fish there. That area is
16 healthy, it's full of hog snapper, it's full of
17 grunts, it is one of the most beautiful soft and
18 hard coral bottoms.
19 It is also within 10 minutes of 40 percent
20 of the population of the Florida Keys by boat,
21 and within 10 minutes of 50 percent of the
22 people who visit the Florida Keys. Think about
23 that.
24 You're going to have a study area where
25 humans aren't supposed to have intrusion. What
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1 I say to you is you're creating an area between
2 trying to patrol it and the civil unrest that's
3 going to come out of this, and the political
4 fallout from this is stupid. It's not a good --
5 it has no scientific basis, they've never proven
6 this to be of any reason.
7 It's fisheries management at its severest.
8 It's a total ban.
9 And getting back to what they are coming
10 here and saying be our partner. My daddy used
11 to say, if you allowed -- lie down with dogs,
12 you get up with fleas. And I'd say to you that
13 Florida's got enough of its fleas without
14 importing them from the Federal government.
15 Thank you.
16 MR. ANDERSON: Hello. My name is
17 Peter Anderson.
18 Governor, members of the Cabinet of the
19 State of Florida, thank you for this
20 opportunity.
21 I'm here before you today wearing two
22 hats. One hat brings you news of the
23 Florida Keys Environmental Congress, which
24 issued the following declaration of commitment
25 on January 12th: We, the people, in recognition
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1 of the special concerns of Monroe County and the
2 Florida Keys, hereby pledge our continuing
3 commitment to create a plan balancing the
4 diverse ecological and environmental needs of
5 our community, embrace the challenge of creating
6 a model for a sustainable and harmonious
7 relationship between human activity and nature.
8 The Congress succeeded in developing a
9 framework of a community-based alternative to
10 the NOAA plan because people actually sat down
11 and listened to each other, and worked in
12 consensus.
13 NOAA held hearings, but never one
14 listening. The result is a plan which relies
15 heavily on regulation and hefty civil penalties
16 and fines, levied without regard to due process
17 or the requirement of the burden of proof under
18 administrative law.
19 Therein lies the world which causes me to
20 don my other hat today. An unaired by ABC News
21 20/20 segment contained serious allegations of
22 collusion between our State's Attorney -- while
23 sitting on the Board of the Nature Conservancy
24 Florida Key's Initiative -- and an environmental
25 task force assembled by the State's Attorneys
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1 Office of law enforcement officials at our
2 levels, targeting our citizens' properties on
3 the State's coral list for stepped-up
4 law enforcement actions.
5 These actions resulted in our citizens in
6 jail and leg irons and orange jumpsuits, until
7 such time as they agreed, in at least one case,
8 to give their land away. Many lands targeted by
9 these actions passed into receivership. But
10 virtual fines or plea bargains on felony charges
11 and are off our tax rolls.
12 These actions that have destroyed citizens'
13 rights, are further chronicled in an article by
14 Mr. Robert Malloy, is very well documented, and
15 made search, who's been given to your staff.
16 It's further alleged by Mr. Malloy that
17 bogus science driven by NOAA, and others, has
18 contributed to the death of Florida Bay, our
19 major environmental problem in the Keys.
20 These allegations are very serious, and
21 demand proper investigation. You will hear that
22 these allegations are lies and are disclaimed by
23 those who commissioned these stories.
24 We would ask you to consider whether or not
25 an ABC News vice president's position on the
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1 national board of one organization had anything
2 to do with ABC's decision not to run this
3 story. We are getting this story out.
4 If there is any truth to these allegations
5 at all, it would go far in explaining why you
6 have a plan before you today that directly
7 conflicts with established protocols for coastal
8 and marine resource planning, a plan which
9 relies on confiscatory fines and penalties,
10 instead of accepted scientific practice.
11 We asked your aides to recommend to you to
12 work with our environmental Congress to create a
13 model in the Keys.
14 We ask for six months, not six years, to
15 work with the State of Florida to create a model
16 of private-public partnership in the
17 Florida Keys.
18 Prudence demands we stop this rush to
19 judgment on the NOAA plan. Common sense will
20 tell you where there's this much smoke, we need
21 to see if there is fire.
22 We ask you today to delay any decision on
23 this issue that will dictate the future of an
24 entire people, and of a state and national
25 treasure, until we were 100 percent sure what
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1 we're doing, why, and for whom.
2 Thank you, and Godspeed. You have our
3 future and trust in your hands.
4 I'd be happy to answer any questions.
5 GOVERNOR CHILES: Question?
6 Thank you, sir.
7 MR. ANDERSON: Thank you.
8 MS. WETHERELL: That concludes the
9 opposition. The supporter's list, we have
10 eleven speakers who we'll give the same amount
11 of time.
12 I'll go ahead and call half of them up:
13 Mike Collins, Nora Williams, Spencer Slate,
14 Captain Ed Davidson, and Debra Harrison.
15 MR. COLLINS: Governor, members of
16 the Board of the Trustees, my name is
17 Mike Collins. I am -- and have been for some
18 20 years -- a fishing guide working out of
19 Islamorada in the Florida Keys.
20 I was one of the original members of the
21 Sanctuary Advisory Council, and currently serve
22 as its chairman.
23 There were 22 of us originally. Four of
24 the names submitted to the Chamber -- to the
25 Secretary of Commerce came from the then
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1 President, George Bush --
2 (Attorney General Butterworth exited the
3 room.)
4 MR. COLLINS: -- Bush's office. And 18 of
5 the names were submitted by the Governor of the
6 state, Governor Chiles.
7 The process that I went through to get on
8 that list, and the process we all did was fairly
9 exhaustive. I think the Governor's office made
10 a very good faith attempt to identify the people
11 within the community that were representative of
12 the different users, and -- and different
13 philosophies, as much as they could at that
14 time, on the issue.
15 We had commercial fishermen, we had dive
16 shop operators, we had dive boat captains, we
17 had charter boat fishermen, we had a guide, we
18 had a former Sheriff and judge in the county.
19 It was a very diverse group.
20 There is a perception, at least among some
21 of the opponents, that this was some sort of a
22 rubber stamp group that -- at that time.
23 I can assure you in the absolute, there was
24 no rubber stamp going on there. There were
25 disputes that were lengthy, that were involved.
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1 At one point, the then chairman of the
2 Advisory Council, George Barley, and I almost
3 had a fist fight in a skiff over some of the
4 issues that were involved in this.
5 There were discussions in supermarkets, on
6 docks. We met some 30 times involving some
7 45 days over the -- since February of 1992.
8 We worked a year-and-a-half on the original
9 plan. It went out in draft; the form
10 disappeared into the bowels of Washington for
11 about a year; came back in draft form, and --
12 and it included a number of things that
13 basically somebody I guess decided to just sort
14 of run up the flagpole.
15 When the mortar and the cannon fire died
16 down, as I took over as chairman, we sent the
17 members of the advisory group out with -- each
18 of them got one of the parts of the action
19 plan.
20 And in every case, I gave it to the people
21 who had the largest problem with that action
22 plan.
23 The commercial fishermen received zoning.
24 The -- a friend of David Paul Horan's received
25 the regulatory part of it. We did everything we
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1 could at every step of the way to take all the
2 comment that we possibly could.
3 The product of that whole process is in
4 front of you in the management plan. I'm not
5 going to submit to you that it's perfect. I'm
6 going to submit to you that we discharged our --
7 to the best of our ability, our -- our mutual
8 desire to save this resource, and impact as
9 lightly as we could the business community that
10 we are members of in the Florida Keys.
11 I can't speak for the Advisory Council,
12 because I haven't seen it, but I can
13 wholeheartedly support the resolution that you
14 have in front of you.
15 I think the five-year review is an
16 excellent idea. I think it gives us a lot of
17 opportunities to go back and fix whatever may
18 not be perfect in this plan.
19 Thank you.
20 GOVERNOR CHILES: Thank you, sir.
21 MR. BENDICK: Good afternoon. My name is
22 Bob Bendick, and a little more than a year ago,
23 I became the Florida State Director of the
24 Nature Conservancy.
25 Since coming to Florida -- and as you know,
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1 the Nature Conservancy has worked for more than
2 30 years to conserve natural Florida.
3 Since coming to the Nature Conservancy,
4 I've reviewed the events that are now being
5 cited by opponents of the sanctuary as reasons
6 not to appr-- not to approve the management
7 plan.
8 I don't think it's appropriate to have a
9 discussion of those events in any detail today.
10 I just want to assure you that I am personally
11 willing to meet with each and every one of you,
12 with opponents of the sanctuary, with anyone
13 else, to assure you, and to demonstrate to you
14 that the Conservancy has acted honorably and in
15 good faith in the Florida Keys.
16 While the Conservancy -- well, all of us at
17 the Nature Conservancy fully acknowledge and
18 respect the right of opponents of the sanctuary
19 to protest every phase of its implementation.
20 We believe that a tax on us and our
21 activities are simply a distraction from the
22 main event here.
23 The main event today, as we all know, is
24 your decision to protect a resource of
25 exceptional importance to Florida, to the Keys,
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1 and to the world, and we support your action on
2 the resolution.
3 Thank you so much for listening to me
4 today.
5 GOVERNOR CHILES: Thank you, sir.
6 MS. WILLIAMS: Good afternoon. I'm
7 Nora Williams. I'm a member of the Board of
8 Directors of the legendary Key Largo Chamber of
9 Commerce, and I am proud to speak for them
10 today.
11 We know of no process of government that
12 allowed for more public input than the
13 Florida Keys National Marine Sanctuary program
14 sought, and responded to, prior to the
15 formulation of the final management plan.
16 At the Key Largo Chamber, we worked through
17 those three fat volumes, and we came up with
18 pages and pages of suggested changes. In fact,
19 when you read your final management plan, you
20 will find every one of the changes we requested
21 reflected in that plan.
22 It is, in fact, kind of our management
23 plan, along with the thousands of other people
24 who also participated in this process.
25 We worked to make it a plan we could
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1 wholeheartedly embrace, and we hope you'll
2 respect our hard work during that long and
3 arduous public process.
4 In Key Largo, we've lived under a National
5 Marine Sanctuary for 20 years now, unlike any
6 other area of the Keys. In those two decades of
7 experience, we've found the designation of
8 National Marine Sanctuary to be a boon to us,
9 not only in protecting the resource it's
10 designed to protect, but to our businesses and
11 our community.
12 We found that -- you'll hear many people
13 saying the sanctuary adds another layer of
14 bureaucracy. What we've found is that the
15 sanctuary itself actually acts to make
16 regulation less cumbersome by bringing together
17 agencies with different agendas by giving not
18 only a common goal, but a common means to a goal
19 for everyone to interact with. That's been the
20 sanctuary as we've experienced it.
21 You have to be asking yourself at a certain
22 point whether we live in the same Florida Keys
23 as those who so adamantly oppose the sanctuary.
24 And you have to be thinking, jeepers -- not that
25 you'd ever say jeepers, but go with me on
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1 this -- who speaks -- who speaks for the middle
2 voice in the Keys?
3 Well, I'll tell you something: There's not
4 a soul here that's going to speak to you today
5 who speaks for that middle voice. I think that
6 middle voice is significantly more confused
7 about the issue than anybody you're going to
8 see.
9 What we know, 55 people voted against it,
10 45 people out of 100 voted for it. That
11 fiftieth person, the only thing we know is they
12 are exactly 5 percentage points away from I
13 support the Florida Keys National Marine
14 Sanctuary.
15 When you add into that factor the fact that
16 for some people the fact that it wasn't strong
17 enough -- and there's a significant retired
18 population for whom the fact that jet skis are
19 not now a crime punishable by death -- meant it
20 was something they couldn't vote for. I think
21 that's in no way a mandate to you, to change
22 what we worked so hard on, or to weaken that
23 plan.
24 In fact, if there was one thing we were to
25 ask of you today, it would be that whatever
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1 action you take today on behalf of this fragile
2 ecosystem; our local population; the national
3 and state interests; or even the global
4 community that treasures the Florida Keys, we
5 would ask that you take no action to weaken the
6 ability of the sanctuary's management plan to
7 protect the precious resource we're so proud to
8 call our home.
9 We ask you to support it. We think our
10 future depends on it.
11 MR. SLATE: Governor and members of the
12 Cabinet, I want to thank you for the opportunity
13 to speak to you today.
14 I'm going to speak to you as a
15 representative of several entities. One, I am
16 an owner of a dive operation in Key Largo, and I
17 operate in the National Marine Sanctuary there
18 for the last 19 years. As we know, the Keys are
19 the dive capital of the world.
20 I'm also speaking to you as President of
21 the Florida Association of Dive Operators;
22 Chairman of the Keys Association Dive Operators;
23 and I am a member -- and have been for
24 six years -- of the Florida Keys National Marine
25 Sanctuary. And I'll do this in 1 minute.
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1 As a diver for over 30 years, 22 of them in
2 the reefs of Florida, the Florida Keys, and in
3 the National Marine Sanctuary, I can tell you
4 that divers know how important a sanctuary is to
5 the continued health and welfare of our
6 treasure, our underwater resource.
7 No other user group of our water resource
8 depends on how beautiful the bottom of the sea
9 is and all its creatures and how it looks. And
10 how we have to depend on that to earn our
11 living.
12 We feel this sanctuary plan and the over
13 six years in devising this plan with thousands
14 of hours of input, hundreds of days, is the best
15 way to protect our underwater resource from
16 mankind.
17 I urge you, on behalf of over 575 dive
18 operations in the state of Florida; and over
19 1.5 plus million visitors, divers, and snorklers
20 to our Keys a year; and on behalf of the nation,
21 the entire nation who truly own our treasure, I
22 ask you to vote yes on the Florida Keys National
23 Marine Sanctuary Plan.
24 I'd like to split my time with
25 Mr. Bob Harris, who is our state representative
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1 for the Professional Association of Dive
2 Operators.
3 MR. HARRIS: Governor, members of the
4 Cabinet, let me go ahead for the record
5 indicate --
6 Spencer, you forgot to introduce yourself.
7 I've never seen you do that before.
8 That is Spencer Slate, who owns a dive shop
9 in the Keys -- Key West.
10 Let me very briefly say that, as Spencer
11 indicated, I represent PADI. PADI is the
12 Professional Association of Dive Instructors.
13 It's the largest single scuba diving
14 organization in the world: Twelve hundred
15 facilities worldwide, three hundred resort and
16 retail facilities here in the state of Florida.
17 Scuba diving is very important to the state
18 of Florida. One point five million scuba divers
19 every year come to the Keys.
20 (Attorney General Butterworth entered the
21 room.)
22 MR. HARRIS: I can tell you, PADI has been
23 on the forefront of these issues, environmental
24 issues, marine resource protection, for years.
25 I'm here to tell you to please support the
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1 plan. I think the fact that you have a very
2 significant, large user group, scuba divers in
3 the Florida Keys, coming to you today to say,
4 please regulate, have more bureaucracy,
5 in essence, in the Keys, is a very important
6 aspect.
7 It was not easy to turn the diving
8 community around, I can tell you. But they
9 understand that in the long-term -- in the
10 long-term, what this plan does is very positive
11 for the Keys. And so we ask you to support it.
12 Governor, I've also been asked this morning
13 to deliver to you -- and I'll give this to your
14 staff -- a letter from Jean Michelle Cousteau,
15 who could not be here today, but he urges your
16 support, the Cabinet's support of this as well.
17 We thank you for all the hard work that
18 your staff has done. I want to give you one
19 final thing, and I'll give this to whoever would
20 like.
21 This is a shirt, Project Aware, for PADI's
22 environmental project this year, is
23 distributing. It says -- and only for
24 children -- please let the reef be alive when I
25 learn to dive.
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1 Give that to you later.
2 Thank you very much.
3 MR. DAVIDSON: For the record, I'm Captain
4 Ed Davidson, I'm Chairman of the Board of the
5 35,000 member Florida Audubon Society, and
6 speaking also on behalf of the National Audubon
7 Society on this issue.
8 I've been in the marine tourism industry in
9 the Florida Keys for 29 years, an industry where
10 jobs are already being lost because of the
11 decline in the health of our marine resource
12 base.
13 This is the 35th time I've stood in this
14 room. And -- and just about everything in the
15 room has changed, except me and the furniture
16 and, of course, Estis Whitfield.
17 He was out of the room the last time I did
18 that.
19 But the other thing that hasn't changed is
20 we are still colorfully unable to take
21 appropriate care of the State and Federal
22 resources of the Florida Keys on our own.
23 The pervading mythology of this whole
24 debate has been that it's about somebody taking
25 control of our stuff. But, in fact, and in law,
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1 it isn't our stuff. Local government has
2 virtually no authority over the marine resources
3 of the Florida Keys, which belong to all the
4 citizens of Florida; and, in part, to the
5 grandchildren of America.
6 We can't protect them and manage them
7 locally. And when it's been left to us in past
8 years, we haven't been terribly good stewards of
9 the resource.
10 We're in great need of the coordination and
11 the -- that the management plan will provide the
12 funding, the public education programs, to
13 protect our quality of life, and our -- and our
14 tourism industry.
15 And in parting, if you held that kind of a
16 referendum around lots of parks and sanctuaries
17 and refuges in this country, you'd get probably
18 worse results, which is exactly why we have such
19 programs when locals don't take appropriate care
20 of these kinds of special resources.
21 Thank you very much.
22 GOVERNOR CHILES: Thank you.
23 MR. GROSSO: Good morning, Governor Chiles,
24 members of the Cabinet. I'm Richard Grosso with
25 1000 Friends of Florida.
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1 I've also been asked to represent the
2 interests of a number of other state
3 organizations. I'd ask the members of those
4 organizations to stand when I present their
5 names.
6 I'm here speaking also on behalf of the
7 Florida Keys Citizens Coalition, the Caribbean
8 Conservation League, the Sea Turtle Survivor
9 League, Florida Defenders of the Environment,
10 Florida Audubon Society, the Big Pine Key Civic
11 Association, Reef Keeper International, the
12 Coral Reef Coalition, the Florida Chapter of the
13 Sierra Club, the Izaak Walton League, and the
14 Upper Keys Citizens Association.
15 They've asked me to come and speak to you
16 today in support of this resolution. We support
17 it, even though we're concerned that it's not
18 strong enough. But it is very definitely the
19 product of several years of very tough
20 compromise. For that reason alone, we support
21 it.
22 The other reason we support it is this is
23 the next critical step in your coordinated
24 efforts to save and protect the Florida Keys.
25 This sanctuary has been an integral
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1 component of the land use plan for Monroe County
2 that you have so agonized over, and you have
3 supported.
4 So much of what we're doing in the
5 Monroe County land use plan depends on this
6 sanctuary plan being in place, both the water
7 quality protection component, and the management
8 component in terms of channel markings, and that
9 sort of thing.
10 Everything we've been doing assumes this is
11 in place in order to protect the investment
12 you've made and the work you've done on the land
13 use plan for the Keys. You must take this next
14 logical step and approve this management plan.
15 It is important.
16 We need this so that we're all operating
17 under the same facts. The science that's
18 getting done out of this sanctuary program
19 underlies everything we're doing in the
20 Monroe County land use plan.
21 It is that very scientific uncertainty, it
22 is that very lack of complete scientific
23 information that tells us, we need a sanctuary.
24 We're getting more science about the Keys than
25 we've ever had, because this is in place, and
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1 it's going to continue.
2 It's very poignant that the people who
3 don't want tougher water quality standards in
4 the litigation we're doing, they're putting
5 experts on the stand who say the real problem
6 isn't water quality, the real problem is
7 overfishing and anchor damage. And then those
8 groups are saying, no, it's not us; it's the
9 water quality problem. The answer is it's
10 both.
11 And because we can't pinpoint, it's that
12 specific cause, it's that specific impact.
13 That's why you have a sanctuary. That's why you
14 comprehensively address all of those things that
15 are coming to play at once in the Florida Keys.
16 That's why we need this.
17 You've consistently recognized the need for
18 a local, state, federal partnership. This is
19 it. Any kinks will be worked out. The level of
20 scrutiny and coordination will ensure that.
21 We ask you to capitalize on the State's
22 investment in the Florida Keys, and support this
23 sanctuary plan.
24 Thank you very much.
25 GOVERNOR CHILES: Thank you, sir.
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1 MS. HARRISON: Thank you for the
2 opportunity to address you today. My name is
3 Debra Harrison. I'm the Florida Keys resident
4 of the World Wildlife Fund.
5 And I'm speaking today on behalf of over
6 20 national and international conservation
7 organizations dedicated to the protection of
8 America's only coral reef ecosystem.
9 In addition, I would like to acknowledge
10 those organizations that are able to be present
11 today, to participate in this historic
12 occasion: Center for Marine Conservation, the
13 Nature Conservancy, Sierra Club, and National
14 Audubon Society.
15 Our organizations join together in their
16 concern regarding the health and sustainability
17 of our nation's most vital natural resources.
18 Together, we strongly encourage you to endorse
19 the Florida Keys National Marine Sanctuary
20 plan.
21 Throughout the world, coral reefs are in a
22 state of decline. Increasing human populations,
23 sewage pollution, overfishing, climate change,
24 and a host of other impacts threaten these
25 unique and spectacular marine treasures.
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1 In 1997, we have established the
2 International Year of the Reef to focus
3 worldwide attention on reversing this decline.
4 The Florida Keys reef tract, the third
5 largest in the world, is no exception to this
6 global trend. Industrial nations, as well as
7 third world countries, are struggling to develop
8 solutions aimed at restoring the health of coral
9 reef ecosystems.
10 The Florida Keys National Marine Sanctuary
11 management plan before you today is far more
12 extensive than any plan ever developed for a
13 marine sanctuary. It is one of the most
14 ambitious efforts to date to define a
15 comprehensive, multiagency strategy for
16 addressing environmental issues at an ecosystem
17 level.
18 The plan and the associated state
19 resolution, is at the cutting edge of attempts
20 to establish a program of integrated coastal
21 management, recognizing the need for regional
22 level decision making, and the need to overcome
23 fragmented authority.
24 The partnerships that will be established
25 by your action today will serve as a model for
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1 success throughout the world.
2 The sanctuary management plan provides a
3 comprehensive analysis of threats to the
4 environment in the Keys marine ecosystem. It
5 proposes over 90 specific action strategies,
6 including hundreds of specific activities.
7 We regret that areas set aside in the
8 marine zoning plan have been reduced to less
9 than one-half of 1 percent of the entire
10 Florida Keys National Marine Sanctuary. One
11 single area remains as a marine reserve. We
12 should have, and could have, done better.
13 However, we are committed to working with
14 the Marine Fisheries Commission to address our
15 specific interests. Nevertheless, marine zoning
16 and the Sambos Ecological Reserve, in
17 particular, guarantee that some habitats within
18 the sanctuary will be protected and remain more
19 resilient to water pollution and other
20 stresses.
21 The Sambos Reserve will give us a baseline
22 for measuring our progress in protecting and
23 restoring marine systems.
24 The water quality protection program, the
25 first and only of its kind, in part drafted by
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1 my former regional director, Jim Webb, will
2 require the commitment and partnership of local,
3 state, and federal entities if it is to
4 succeed.
5 Already much progress has been made in
6 addressing the collapse of Florida Bay and the
7 overall system decline from antiquated sewage
8 disposal practices. Partnerships that have
9 never been in place before are succeeding as a
10 result of the Florida Keys National Marine
11 Sanctuary and Protection Act.
12 Today, the State of Florida has the
13 opportunity to exercise a comprehensive,
14 coordinated approach to accomplishing the goal
15 of ecosystem restoration, establishing a new
16 standard in coral reef protection for this
17 nation; and, indeed, the entire international
18 community.
19 On behalf of over 20 national and
20 international conservation organizations, I urge
21 you to adopt the Florida Keys National Marine
22 Sanctuary Management Plan for state territorial
23 waters today.
24 Thank you.
25 MS. MURRAY: My name is Jennifer Murray.
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1 And I'm here from Coral Shores High School.
2 My companions and I represent a number of
3 environmentally conscious young adults. We have
4 witnessed algae blooms, coral diseases, and
5 dwindling fish populations.
6 Locals have told us stories about the past
7 abundance of marine life, high visibility, and
8 water quality. We would like to be able to
9 enjoy the beauty of the Florida Keys environment
10 in 10, 20, or even 50 years from now, as they
11 did.
12 We want our children to be able to see
13 living coral reefs, and healthy Florida Keys
14 ecosystems. We fear that without the
15 implementation of a plan to protect our reef
16 system, we may find ourselves referring to the
17 present conditions as the good old days.
18 Your generation is responsible for handing
19 down to us healthy Florida Keys habitats.
20 We believe that implementing the
21 Florida Keys National Marine Sanctuary plan is a
22 way to improve and sustain our precious
23 resources.
24 Thank you.
25 GOVERNOR CHILES: Thank you.
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1 MR. WEEKS: Good afternoon, Governor, and
2 Cabinet members. My name is Vicki Weeks, and
3 I've had the privilege of being a Keys resident
4 and business owner since 1974.
5 Myself and some fellow concerned Keys
6 residents, from all walks of life, have come up
7 here today to encourage you and lend support to
8 a decision to implement the Florida Keys
9 National Marine Sanctuary and Florida Waters.
10 I'd just like to take a moment and introduce a
11 few of them.
12 I'd just like to introduce a few of them:
13 Judy Greenman, parent; Kelley Greenman,
14 student; Christopher Garrett -- if you'd like to
15 stand when your name is called --
16 George Garrett, parent; Bob Schnieder, President
17 of the Big Pine Key Civic Association, and
18 retired high school principal; Cheva Heck,
19 consultant; Don DeMaria, commercial fisherman;
20 Eugene Shinkevich, Chairman of Florida Keys
21 Citizens Association, and retired design
22 engineer; Dr. Marie Shinkevich, retired
23 elementary school principal; Ellie Crane,
24 President of the Key West Unitarian Universalist
25 Fellowship; Dave Holtz, Monroe County Marine and
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1 Port Authority Advisory Committee;
2 Sheila Mullins, realtor, Executive Director of
3 Last Stand --
4 (Secretary Mortham exited the room.)
5 MS. WEEKS: -- Eujio Ina, dive business
6 owner and scuba diving instructor;
7 Shelley Francis-Ina, tour guide and dive master;
8 Joan Manges, retired realtor and developer;
9 Kathy Kirkland, deputy court administrator;
10 Russ Teall, business owner, Board member of the
11 Tourism Development Council in Marathon,
12 Economic Development Council, and the Middle
13 Keys Marine Association; Susan White, parent and
14 consultant; Bob Wilkinson, founder and
15 headmaster of the Keys Academy of Marine
16 Sciences; Claire Wilkinson, fund raiser for the
17 Medical Center at Ocean Reef; Karen Lee,
18 mortgage broker and chairperson of Save Our
19 Keys; Jennifer Lee, marine biologist; Holly Lee,
20 student at Palmer Trinity; Jim Hurley, attorney;
21 Juanita Green, Environmental Reporter;
22 Larry Benvenuti, nature photographer;
23 Amy Knowles, Backcountry Angler; Nora Williams,
24 President of the Key Largo Chamber of Commerce;
25 Spencer Slate, dive shop owner; Debra Harrison,
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1 environmental representative; David Makepeace,
2 high school teacher; Beata Ziolkowska;
3 Jennifer Murray; Riley Schwass; Walter Jenkins;
4 and John Schrader, all students that you've
5 heard speak from Coral Shores.
6 We all thank you for your consideration in
7 this important matter, and urge you to vote yes
8 on the sanctuary today.
9 Thank you.
10 GOVERNOR CHILES: Thank you, ma'am.
11 (Secretary Mortham entered the room.)
12 MS. LEE: Governor Chiles and members of
13 the Cabinet, it is truly my honor to speak
14 before you today.
15 My name is Karen Lee. I'm a fourth
16 generation native Floridian born in
17 Jacksonville, and a descendent of farmers in
18 Suwannee County.
19 I discovered my passion for the ocean by
20 spending time with my uncle, who was a
21 commercial fisherman in Fort Pierce. So I guess
22 what I'm trying to say is that I'm a true
23 Florida cracker, and believe that I can speak
24 for many of my fellow citizens who have lived
25 in, and loved Florida, for many generations.
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1 Today, my family is privileged to live in
2 the Keys. My husband and I own a mortgage
3 company in Islamorada. We know that the economy
4 of the Keys and, therefore, our livelihood,
5 depends on the health of our marine ecosystem.
6 As recreational angler and diver, I have
7 witnessed firsthand the dramatic decline of the
8 Keys' water quality and abuse of our natural
9 marine resources.
10 I visited the Keys for the first time over
11 20 years ago as a scuba diver. Back then, I was
12 awed by the amazing beauty of the crystal clear
13 water and fantastic living corals teaming with
14 giant schools of tropical fish and huge
15 groupers.
16 Now the water on those same reefs is rarely
17 clear, the coral is covered in algae, the
18 schools of tropicals have drastically reduced,
19 and huge groupers are only a memory.
20 We live in a time when population explosion
21 in this state leading to over-use and abuse of
22 our natural resources threatens to destroy the
23 very beauty that has attracted millions of
24 people to visit and to live here.
25 The quality of our environment is
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1 especially precarious in the Florida Keys,
2 although our plight is not unique in the
3 United States, nor, indeed, the world.
4 Government and civic leaders around the
5 globe are wrestling with the big challenges of
6 providing for sustainable uses of limited
7 natural resources.
8 As a Floridian, I am proud of the progress
9 that our state government is making toward
10 planning for sustainability. Bridges of
11 communication and cooperation are being built
12 between farmers, developers, fishermen,
13 conservationists, and government around the
14 state.
15 That progress was evident in the Keys
16 during the public planning process involved in
17 the development of the National Marine Sanctuary
18 program. Government listened to its citizens
19 and wrote a plan that balances the needs of its
20 people, with the requirements of resource
21 management.
22 I'm involved as a volunteer supporter of
23 the sanctuary because it provides the framework
24 that establishes a cooperative partnership
25 between the state of Florida and the Federal
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1 government to jointly manage the marine
2 resources of the Florida Keys.
3 We need the benefits of comprehensive
4 management provided by the Florida Keys National
5 Marine Sanctuary management plan.
6 On behalf of the citizens of Monroe County
7 and the state of Florida, I would like to extend
8 my sincere appreciation to your staff,
9 Cabinet aides, and to you, for the time that you
10 have all invested in the development of the
11 comprehensive management plan to save America's
12 coral reef ecosystem.
13 I understand the dedication and
14 perseverance that it has taken to write the
15 State's resolution, and offer my congratulations
16 to all of you for crafting a document that
17 resolves very important and challenging issues,
18 and protects the rights of the citizens of the
19 state of Florida.
20 I strongly encourage you to adopt the
21 resolution and the final management plan.
22 The world is watching today, as you make
23 the decision to begin to save this valuable
24 public treasure. The state of Florida will be
25 viewed globally as setting the first and finest
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1 example of initiative and leadership toward
2 comprehensive ecosystem conservation and
3 community sustainability.
4 Future generations of our children will be
5 grateful for the vision your leadership provides
6 today to preserve America's living coral reef.
7 Thank you for the opportunity to have been
8 a part of this historic occasion.
9 MS. WETHERELL: That concludes the
10 speakers.
11 ATTORNEY GENERAL BUTTERWORTH: Do you want
12 a motion beforehand?
13 GOVERNOR CHILES: It's open for --
14 ATTORNEY GENERAL BUTTERWORTH: Governor, at
15 this time, I'll move the approval of the
16 Florida Keys National Marine Sanctuary
17 Management Plan.
18 COMMISSIONER CRAWFORD: I second that
19 motion.
20 GOVERNOR CHILES: Moved and seconded.
21 Is there discussion?
22 SECRETARY MORTHAM: Governor --
23 GOVERNOR CHILES: Yes, ma'am.
24 SECRETARY MORTHAM: -- just for the record,
25 I'd like to say -- first of all, I'd like to
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1 thank Jim Miller, and particularly Paul Mitchell
2 and Marc Dunbar for working literally hundreds
3 of hours, as have all of the staffs of the
4 Cabinet, but particularly in the area of the
5 submerged cultural resource agreement.
6 And I'd just like to say that nobody stood
7 up from the salvers saying they were at -- they
8 were just thrilled with what's in this
9 agreement; nor did anybody stand up and say they
10 were against what was in the agreement. So it
11 must be pretty good.
12 This submerged culture resource agreement
13 has been amended, and it's been substituted in
14 part of hopefully the motion.
15 GOVERNOR CHILES: Thank you, ma'am.
16 COMMISSIONER BROGAN: Governor --
17 GOVERNOR CHILES: Yes.
18 COMMISSIONER BROGAN: -- just a quick
19 comment.
20 I know we still have much work to do. If,
21 in fact, this resolution is passed today, one of
22 the -- among other primary responsibilities that
23 we're going to have in the future is continuing
24 to work with Marine Fisheries on the rules to be
25 promulgated regarding some of the areas in
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1 question.
2 Western Sambos comes to mind, but also
3 especially some of those other areas that have
4 been designated.
5 So I appreciate, as do I know all the
6 members of the Cabinet, the hard work that's
7 gone into this proposal. It has come a long way
8 from where it started a long time ago under two
9 different presidents; and under different sets
10 of Cabinet members; and certainly different
11 varying opinions on the part of the people who
12 reside, live, and work in the Florida Keys.
13 And we should appreciate all of that hard
14 work, as I know we do. And still recognize that
15 we have far to go to make this, again, living
16 document something that will benefit not just
17 this generation, but generations to come.
18 GOVERNOR CHILES: Further discussion?
19 So many as favor the motion, signify by
20 saying aye.
21 THE CABINET: Aye.
22 GOVERNOR CHILES: Opposed, no?
23 Ayes have it.
24 MS. WETHERELL: Thank you.
25 Thank you very much.
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1 ATTORNEY GENERAL BUTTERWORTH: I want to
2 make a motion also to confirm Ed Conklin as our
3 representative for oversight.
4 COMPTROLLER MILLIGAN: I'll second that.
5 GOVERNOR CHILES: It's been moved and
6 seconded Ed Conklin be our representative.
7 So many as favor, signify by saying aye.
8 THE CABINET: Aye.
9 GOVERNOR CHILES: Opposed, no.
10 COMMISSIONER BROGAN: Governor, could I ask
11 you all to remain for one second? Those young
12 people would like to come up and get their
13 picture taken with you, if you don't mind.
14 COMPTROLLER MILLIGAN: All I can say is
15 jeepers, right?
16 (The Board of Trustees of the Internal
17 Improvement Trust Fund Agenda was concluded.)
18 *
19 (The Cabinet meeting was concluded at
20 12:59 p.m.)
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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 178 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 28TH day of JANUARY, 1997.
17
18
19 LAURIE L. GILBERT, RPR, CCR
100 Salem Court
20 Tallahassee, Florida 32301
(904) 878-2221
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