Cabinet
Affairs |
1
2 T H E C A B I N E T
3 S T A T E O F F L O R I D A
4
Representing:
5
STATE BOARD OF ADMINISTRATION
6 DIVISION OF BOND FINANCE
INFORMATION RESOURCE COMMISSION
7 STATE BOARD OF EDUCATION
ADMINISTRATION COMMISSION
8 FLORIDA LAND AND WATER
ADJUDICATORY COMMISSION
9 TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND
10
11 The above agencies came to be heard before
THE FLORIDA CABINET, Honorable Governor Chiles
12 presiding, in the Cabinet Meeting Room, LL-03,
The Capitol, Tallahassee, Florida, on Tuesday,
13 April 29, 1997, commencing at approximately 9:48 a.m.
14
15
16 Reported by:
17 LAURIE L. GILBERT
Registered Professional Reporter
18 Certified Court Reporter
Notary Public in and for
19 the State of Florida at Large
20
21
22
23 ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
24 TALLAHASSEE, FLORIDA 32301
904/878-2221
25
2
1 APPEARANCES:
2 Representing the Florida Cabinet:
3 LAWTON CHILES
Governor
4
BOB CRAWFORD
5 Commissioner of Agriculture
6 BOB MILLIGAN
Comptroller
7
SANDRA B. MORTHAM
8 Secretary of State
9 BOB BUTTERWORTH
Attorney General
10
BILL NELSON
11 Treasurer
12 FRANK T. BROGAN
Commissioner of Education
13
*
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
April 29, 1997
3
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 5
2 Approved 5
6 3 Approved 6
7 DIVISION OF BOND FINANCE:
(Presented by J. Ben Watkins, III,
8 Director)
9 1 Approved 7
2 Approved 7
10 3 Approved 7
4 Approved 8
11
INFORMATION RESOURCE COMMISSION:
12 (Presented by John Douglas,
Interim Executive Director)
13
1 Approved 9
14 2 Approved 12
3 Approved 12
15
STATE BOARD OF EDUCATION:
16 (Presented by Robert L. Bedford, Ph.D.,
Deputy Commissioner)
17
1 Approved 14
18 2 Approved 14
3 Approved 15
19 4 Approved 15
5 Approved 15
20 6 Approved 15
7 Approved 16
21 8 Approved 16
9 Approved 16
22 10 Approved 17
11 Approved 17
23 12 Approved 17
13 Approved 17
24 Queries 18
Update on Query 49
25
ACCURATE STENOTYPE REPORTERS, INC.
April 29, 1997
4
1 I N D E X
2 ITEM ACTION PAGE
3 ADMINISTRATION COMMISSION:
(Presented by Gale Sittig,
4 Deputy Director)
5 1 Approved 24
2 A and 2 B Approved 24
6
FLORIDA LAND AND WATER
7 ADJUDICATORY COMMISSION:
(Presented by Gale Sittig,
8 Deputy Director)
9 1 Approved 25, 32
2 Approved 31
10
BOARD OF TRUSTEES,
11 INTERNAL IMPROVEMENT
TRUST FUND:
12 (Presented by Virginia B. Wetherell,
Secretary)
13
1 Approved 34
14 Substitute 2 Approved 34
3 Approved 39
15 4 Approved 39
5 Approved 41
16 Substitute 6 Approved 44
17 CERTIFICATE OF REPORTER 53
18 *
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
April 29, 1997
5
1 P R O C E E D I N G S
2 (The agenda items commenced at 10:25 a.m.)
3 GOVERNOR CHILES: Now we'll start with the
4 State Board of Administration.
5 We've got some bad news here.
6 MR. HERNDON: Item number 1 is the approval
7 of the minutes of the meeting held on
8 April 15th, 1997.
9 TREASURER NELSON: I move it.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 MR. HERNDON: Item number 2 is approval of
13 fiscal sufficiency not exceeding
14 thirteen million four hundred thousand dollars
15 to the Department of Management Services,
16 Division of Facilities Management.
17 TREASURER NELSON: I move it.
18 COMPTROLLER MILLIGAN: Second.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, it's approved.
21 MR. HERNDON: Item number 3 submitted for
22 information. Review of the investment
23 performance and fund balance analysis for the
24 month of March 1997.
25 TREASURER NELSON: And I move that.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
April 29, 1997
6
1 COMPTROLLER MILLIGAN: And I accept it.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, it's approved.
4 MR. HERNDON: Thank you, Governor,
5 members. That's all.
6 (Secretary Mortham exited room.)
7 (The State Board of Administration Agenda
8 was concluded.)
9 *
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
April 29, 1997
7
1 GOVERNOR CHILES: Division of Bond Finance.
2 MR. WATKINS: Item number 1 is approval of
3 the minutes of the April 15th meeting.
4 COMMISSIONER BROGAN: Move approval.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, it's approved.
7 MR. WATKINS: Item number 2 is a resolution
8 authorizing the competitive sale of 13.4 million
9 dollars of revenue bonds for a facilities
10 management program.
11 COMMISSIONER BROGAN: Move approval.
12 COMPTROLLER MILLIGAN: Second.
13 GOVERNOR CHILES: Moved and seconded.
14 Without objection, that's approved.
15 MR. WATKINS: Item number 3 is a report of
16 award of thirty-six million eight hundred
17 five thousand Board of Regents revenue bonds for
18 the State University System. The bonds were
19 sold at competitive sale and awarded to the low
20 bidder at a true interest cost of 5.67 percent.
21 COMMISSIONER BROGAN: Move approval.
22 COMPTROLLER MILLIGAN: Second.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, that's approved.
25 MR. WATKINS: Item number 4 is a report of
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
April 29, 1997
8
1 award of bonds issued on behalf of the Florida
2 Housing Finance Agency. The bonds were sold at
3 negotiated sale at a true interest cost of
4 6.19 percent.
5 COMMISSIONER BROGAN: Move approval.
6 GOVERNOR CHILES: Second?
7 ATTORNEY GENERAL BUTTERWORTH: Second.
8 GOVERNOR CHILES: Second.
9 Without objection, that's approved.
10 MR. WATKINS: Thank you.
11 (Secretary Mortham entered the room.)
12 (The Division of Bond Finance Agenda was
13 concluded.)
14 *
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
INFORMATION RESOURCE COMMISSION
April 29, 1997
9
1 GOVERNOR CHILES: Information Resource
2 Commission.
3 MR. DOUGLAS: Good morning, Governor,
4 members of the Cabinet.
5 Item 1 is the approval of minutes from
6 February 11th.
7 ATTORNEY GENERAL BUTTERWORTH: Motion.
8 COMPTROLLER MILLIGAN: Second.
9 SECRETARY MORTHAM: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, that's approved.
12 MR. DOUGLAS: Item number 2 is the second
13 quarterly update of the State's progress toward
14 achieving year 2000 compliance in our computer
15 systems. Included in this report, Governor, are
16 two tables from a January 1st Assessment Report
17 that had been updated based on what the agencies
18 reported to us at the end of March.
19 Only eight agencies indicated substandard
20 progress during this first period, with the
21 greatest progress being shown by the Departments
22 of Agriculture and Consumer Services, Banking
23 and Finance, and Management Services.
24 Our cost estimates have been updated to
25 include the figures received by the year 2000
ACCURATE STENOTYPE REPORTERS, INC.
INFORMATION RESOURCE COMMISSION
April 29, 1997
10
1 Task Force of the cost of agencies diverting
2 efforts of current staff from other projects to
3 this year 2000 date problem.
4 This results in an increase in the overall
5 estimated cost of converting for the year 2000
6 date change to approximately 150 million, not
7 including the State universities, community
8 colleges, or local school districts.
9 Importantly of this amount, however, is
10 only about 15 million is new appropriations
11 specifically earmarked for the year 2000.
12 Those amounts by agency are shown in the
13 millennium milestones tables, and on the
14 year 2000 Task Force cost estimate panel table.
15 The bottom line is that a lot of good work
16 has been done by the agencies, and by the year
17 2000 Task Force. Governor, it's been chaired by
18 Dr. Bob Bradley. But there is much work yet to
19 be done. And before we can comfortably feel
20 that this issue will be behind us, I recommend
21 approval of this quarterly update report.
22 COMMISSIONER BROGAN: Governor, I'll move
23 approval with a question.
24 GOVERNOR CHILES: All right.
25 COMMISSIONER BROGAN: John, do you know
ACCURATE STENOTYPE REPORTERS, INC.
INFORMATION RESOURCE COMMISSION
April 29, 1997
11
1 what the status is in the budget that just came
2 out regarding the issue of 2000?
3 MR. DOUGLAS: I believe there is
4 approximately 14.7 million dollars of
5 appropriation that would be in an administered
6 fund in the Governor's Office.
7 COMMISSIONER BROGAN: Was that the
8 requested amount?
9 MR. DOUGLAS: That is the amount that the
10 Task Force arrived at, based on a number of
11 hearings from agencies, and looking at the
12 information available to them.
13 COMMISSIONER BROGAN: Because I know my
14 people are probably no different than anyone's,
15 and while we've made great gains, they recognize
16 that that was an important allocation if we're
17 going to be able to continue on target.
18 MR. DOUGLAS: It's very important. We do
19 have a lot of work, and it will be a tough job
20 for --
21 COMMISSIONER BROGAN: Thanks, Governor.
22 ATTORNEY GENERAL BUTTERWORTH: Governor,
23 I'll second it.
24 I would also like to say that working
25 together with other General Counsels in
ACCURATE STENOTYPE REPORTERS, INC.
INFORMATION RESOURCE COMMISSION
April 29, 1997
12
1 government to determine whether or not some of
2 the contracts the State has signed over the past
3 few years, in essence, would put the vendor at
4 the financial risk here, and not us. And we may
5 have purchased some things where they knew about
6 the problem and did not advise us.
7 So we're also looking at all the legal
8 aspects of perhaps the State of Florida not
9 having to expend this entire amount of money.
10 And also, and for the future, I'm sure
11 we're not -- we're not entering into any
12 contracts which has the year 2000 problem.
13 MR. DOUGLAS: Yes, sir.
14 ATTORNEY GENERAL BUTTERWORTH: So --
15 GOVERNOR CHILES: All right. It's been
16 moved and seconded.
17 Without objection, it's approved.
18 MR. DOUGLAS: Item number 3 is approval of
19 the Information Resource Commission's quarterly
20 performance report.
21 ATTORNEY GENERAL BUTTERWORTH: Motion.
22 COMPTROLLER MILLIGAN: Second.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, that's approved.
25 MR. DOUGLAS: Thank you, Governor.
ACCURATE STENOTYPE REPORTERS, INC.
INFORMATION RESOURCE COMMISSION
April 29, 1997
13
1 GOVERNOR CHILES: Thank you.
2 (The Information Resource Commission Agenda
3 was concluded.)
4 *
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
14
1 GOVERNOR CHILES: State Board of
2 Education.
3 DR. BEDFORD: Governor Chiles, members of
4 the State Board of Education, good morning.
5 Item 1, minutes of the meeting held
6 March 11th, 1997.
7 COMMISSIONER BROGAN: Move approval.
8 SECRETARY MORTHAM: Second.
9 GOVERNOR CHILES: Moved, second.
10 Without objection, that's approved.
11 DR. BEDFORD: Item 2, appointments to the
12 Education Standards Commission of
13 Donn V. Kaupke, Frank Brunner, and
14 Rosa Harvey-Pratt.
15 COMMISSIONER BROGAN: Move approval.
16 SECRETARY MORTHAM: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, they're approved.
19 DR. BEDFORD: Item 3, appointment and
20 reappointments to Daytona Beach Community
21 College Board of Trustees: James E. Gardner,
22 Roland Blossom, James H. Ford.
23 COMMISSIONER BROGAN: Move approval.
24 SECRETARY MORTHAM: Second.
25 GOVERNOR CHILES: Moved and seconded.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
15
1 Without objection, that's approved.
2 DR. BEDFORD: Item 4, reappointments to the
3 Pasco/Hernando Community College Board of
4 Trustees: Hugh McGeehan, Arlen Tillis,
5 James Yant.
6 COMMISSIONER BROGAN: Move approval.
7 SECRETARY MORTHAM: Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, they're approved.
10 DR. BEDFORD: Item 5, reappointments to
11 Pensacola Junior College Board of Trustees:
12 Richard R. Baker, William E. Byrd,
13 Elba W. Robertson.
14 COMMISSIONER BROGAN: Move approval.
15 SECRETARY MORTHAM: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, they're approved.
18 DR. BEDFORD: Item 6, reappointments to
19 Polk Community College Board of Trustees:
20 Joe Ruthven, Lottie S. Tucker.
21 COMMISSIONER BROGAN: Move approval.
22 SECRETARY MORTHAM: Second.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, it's approved.
25 DR. BEDFORD: Item 7, reappointments to
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
16
1 Santa Fe Community College Board of Trustees:
2 Mildred A. Hill-Lubin, John M. Miller.
3 COMMISSIONER BROGAN: Move approval.
4 SECRETARY MORTHAM: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, that's approved.
7 DR. BEDFORD: Item 8, reappointment to
8 Seminole Community College Board of Trustees:
9 Lee P. Moore.
10 COMMISSIONER BROGAN: Move approval.
11 SECRETARY MORTHAM: Second.
12 GOVERNOR CHILES: Moved and seconded.
13 Without objection, that's approved.
14 DR. BEDFORD: Item 9, reappointment to
15 Broward Community College Board of Trustees:
16 Frank C. Orris -- Ortis.
17 COMMISSIONER BROGAN: Move approval.
18 SECRETARY MORTHAM: Second.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, that's approved.
21 DR. BEDFORD: Item 10, reappointments to
22 South Florida Community College Board of
23 Trustees: Joyce A. Adams, Sharon T. Goodman.
24 COMMISSIONER BROGAN: Move approval.
25 SECRETARY MORTHAM: Second.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
17
1 GOVERNOR CHILES: Moved and seconded.
2 Without objection, they're approved.
3 DR. BEDFORD: Item 11, reappointments to
4 Tallahassee Community College Board of
5 Trustees: Fountain H. May, Jr.;
6 Delores S. Miller; John A. Payne.
7 COMMISSIONER BROGAN: Move approval.
8 SECRETARY MORTHAM: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, that's approved.
11 DR. BEDFORD: Item 12, reappointment to
12 St. Petersburg Junior College Board of
13 Trustees: Ann G. Hines.
14 COMMISSIONER BROGAN: Move approval.
15 SECRETARY MORTHAM: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, that's approved.
18 DR. BEDFORD: Item 13, reappointment to
19 Brevard Community College Board of Trustees:
20 Eugene C. Johnson.
21 COMMISSIONER BROGAN: Move approval.
22 SECRETARY MORTHAM: Second.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, that's approved.
25 DR. BEDFORD: That concludes the agenda.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
18
1 Thank you.
2 TREASURER NELSON: Governor, I've got a --
3 GOVERNOR CHILES: Yes, sir.
4 TREASURER NELSON: -- couple of issues that
5 I want to raise that I've talked to Frank about.
6 We're sort of feeling our way along as this
7 appellate board with regard to charter schools.
8 And we had one that we reversed the decision of
9 the local School Board, sent it back. And it's
10 in a particular posture where the School Board
11 will vote again.
12 What -- what I'm concerned about, and what
13 I'd like you to advise us, as the State Board of
14 Education, is that certain comments have been
15 made in the local newspaper by the
16 superintendent of the school that if the vote
17 coming up in the School Board this Friday were
18 to accept the charter schools' application, that
19 then the superintendent would not allow it to
20 operate as a part of that county's school
21 system.
22 And so if you would give us some -- in
23 other words, the quote is: Instead, the Academy
24 would have to form a separate business with its
25 own staff and its own facilities.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
19
1 So I would like to know under the law if
2 you'll advise us in this new process that we're
3 feeling our way along. Is it being handled the
4 way that it should.
5 COMMISSIONER BROGAN: Commissioner, I don't
6 have all the answers to that. But I will tell
7 you this: That if, in fact, the -- according to
8 the law, if, in fact, the Brevard County
9 School Board does charter that particular school
10 within a school, if you -- if you all recall,
11 that was -- the issue that was brought to us was
12 the status of school within a school. Then
13 according to the law, that charter school is, by
14 it's very approval, a public school, and a
15 public school within the Brevard County school
16 district.
17 Now, I have not seen, and we will ask to
18 see, the School Board policies which are
19 required to be developed by all 67 school
20 districts as to how they specifically --
21 specifically will deal with charter school
22 requests and applications and formulation.
23 But again, as far as the law is concerned,
24 that was not only lobbied strongly by the school
25 boards themselves, that those charter schools be
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
20
1 public schools, and be under the auspices of the
2 public school system in that particular
3 district; but also became an important part of
4 that legislation.
5 As this continues to unfold, we'll try to
6 keep you apprised. This is the first time this
7 morning that the Commissioner gave me this
8 particular news clipping. And I'm very
9 interested myself.
10 I -- I know that there have been some
11 concerns on the part of others, and I hope we're
12 yet -- we've got some glitches to fix within the
13 legislation that's passing now, nothing terribly
14 major. We wanted to give this thing an
15 opportunity to operate under its present
16 circumstances for one full year more.
17 But I hope that things like this don't
18 signal that -- that possibly there might be some
19 people out there who just don't want charter
20 schools to happen. And one of the things we've
21 talked about in the future is the possibility of
22 other chartering entities, as some other states
23 in the country have. We didn't do that,
24 of course, because of some of the constitutional
25 questions that were raised.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
21
1 But again, I -- I will monitor this one
2 closely.
3 Also brought up in this particular article
4 were some issues relative to the quality of the
5 school within a school, which, of course, were
6 not raised in the denial by the school system.
7 And that's a little disconcerting, because as
8 this body, I think, has gone on record as
9 suggesting, quality is in large measure observed
10 best by the people at the local school district
11 level. And it's not for us, we seem to feel, to
12 override questions of quality. But those were
13 never raised during the charter -- the charter
14 appeal process.
15 So we hope that, indeed, this is going to
16 work itself out. We do not, as you know, have
17 the ability to require that charter to be
18 granted, only recommend after appeal hearing
19 that it be granted.
20 But we'll try to keep you apprised.
21 Because, you're right, Commissioner, we are
22 learning as we go with this, and each one will
23 be a little bit different.
24 TREASURER NELSON: The other question that
25 I would raise while we're still sitting as the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
22
1 State Board of Education, we've gone through
2 this emotional decision about WXEL. And this is
3 the last week of the legislative session. And
4 there is a piece of legislation up there that,
5 if passed, would completely reverse, as the way
6 I read it, what was the decision of this body as
7 the State Board of Education.
8 Can -- can somebody give us an update
9 there?
10 COMMISSIONER BROGAN: I had not seen the
11 legislation until it was just handed to me.
12 We've since sent it up to our general counsel to
13 find out from whence it came, and does it have
14 legs.
15 But it looks to me on glance the same as
16 you, Commissioner, that what it appears to do is
17 reverse the vote of this Board, and -- and
18 attempt to block the agreement that is being
19 struck between those entities.
20 So we will attempt to find out, again, from
21 whence it came and more -- you're right, in the
22 last leg of the session, things have a tendency
23 to sneak in under the radar screen.
24 I think this body was clear in its vote and
25 its intent regarding that agreement. And I hope
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
23
1 that the Legislature in their wisdom would
2 continue to allow that agreement to move forward
3 as it was indicated here.
4 GOVERNOR CHILES: All right, sir.
5 DR. BEDFORD: Thank you.
6 GOVERNOR CHILES: Have you got any -- any
7 further report?
8 DR. BEDFORD: Well -- I will go find --
9 we'll go find Mike, and send Mike down if you're
10 still in session.
11 COMMISSIONER BROGAN: Thank you.
12 DR. BEDFORD: I'll be right back.
13 GOVERNOR CHILES: Thank you.
14 DR. BEDFORD: Thank you.
15 (The State Board of Education Agenda was
16 concluded.)
17 *
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION
April 29, 1997
24
1 GOVERNOR CHILES:
2 Administration Commission.
3 MS. SITTIG: Item 1, recommend approval of
4 the minutes of the meeting held April 15th --
5 ATTORNEY GENERAL BUTTERWORTH: Motion.
6 MS. SITTIG: -- 1997.
7 SECRETARY MORTHAM: Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, that's approved.
10 MS. SITTIG: Item 2, recommend the approval
11 of the transfer of general revenue
12 appropriations under Items A and B in the
13 Department of Children and Families.
14 COMMISSIONER BROGAN: Move approval of
15 Items 2 A. and B.
16 SECRETARY MORTHAM: Second.
17 ATTORNEY GENERAL BUTTERWORTH: Second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, that's approved.
20 (The Administration Commission Agenda was
21 concluded.)
22 *
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
April 29, 1997
25
1 MS. SITTIG: Okay. That was all for the
2 Administration Commission.
3 Now the Florida Land and Water Adjudicatory
4 Commission.
5 Item 1, request approval of the minutes of
6 the March 25th, 1997, Commission --
7 COMMISSIONER BROGAN: Move approval.
8 MS. SITTIG: -- meeting.
9 GOVERNOR CHILES: Moved and --
10 SECRETARY MORTHAM: Second.
11 GOVERNOR CHILES: -- seconded.
12 Without objection, it's approved.
13 COMPTROLLER MILLIGAN: Governor, I've got a
14 question on that.
15 GOVERNOR CHILES: Question.
16 COMPTROLLER MILLIGAN: I'm just curious.
17 We are taking action on something that has been
18 appealed; is that correct?
19 MS. SITTIG: On Item 2, would that be --
20 COMPTROLLER MILLIGAN: Yes.
21 MS. SITTIG: Okay.
22 Yes. Let me ask staff to come up here and
23 to give you a little bit more information on --
24 on where we are with this item.
25 MR. SMITH: Governor, members of the
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
April 29, 1997
26
1 Cabinet, I'm Greg Smith, and I act as a lawyer
2 to the Land and Water Adjudicatory Commission.
3 The motion has been filed with the
4 Commission to stay the proceeding while this is
5 on appeal to the First District Court of
6 Appeal.
7 The Governor and Cabinet in -- about
8 two months ago, went ahead and authorized the
9 Department to begin enforcement proceedings.
10 That does not mean that immediately the
11 buildings that were in question must be
12 removed. That's a process which is before the
13 Division of Administrative Hearings and has
14 within it procedural due process to allow the
15 parties to be heard and for all the issues to
16 come out.
17 The Governor and Cabinet have the
18 discretion to deny or grant this. It's totally
19 within the discretion of the Commission.
20 The -- the reason staff had recommended
21 this was to allow the process to go forward, and
22 not interpose any unnecessary delays.
23 There -- there is also, for your
24 information, a proceeding under Chapter 70,
25 which is a mediated resolution -- dispute
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
April 29, 1997
27
1 resolution process. And that, in fact, is also
2 going on. This case has been characterized by
3 delay, and it was staff's recommendation to go
4 ahead and deny the motion to stay.
5 COMPTROLLER MILLIGAN: Is -- this is at
6 some cost, I presume.
7 MR. SMITH: Well, yes, sir. I mean, the
8 process is -- you know, itself has costs. The
9 motion for stay can also be made before the
10 District Court of Appeals while they have
11 concurrent jurisdiction to grant a stay.
12 COMPTROLLER MILLIGAN: Am I right to assume
13 that what I heard is correct, that this is being
14 done to put pressure on?
15 MR. SMITH: Sir, there are several
16 enforcement actions going on at the same time.
17 And, in effect, if delay is a part of the
18 process, then there is less inclination for the
19 parties to come to closure on this issue, that's
20 true.
21 COMPTROLLER MILLIGAN: So the role of
22 government is to put pressure on then, hmm?
23 I object, Governor.
24 ATTORNEY GENERAL BUTTERWORTH: Governor, if
25 I may ask a question.
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
April 29, 1997
28
1 I think I'm the senior Cabinet member
2 here. I think I recall back up -- one of my
3 first Cabinet meetings, back when I was not even
4 middle-aged, I believe that this particular item
5 was on the agenda because the monkeys were
6 eating away a couple of our Keys.
7 MR. SMITH: That's correct.
8 ATTORNEY GENERAL BUTTERWORTH: Have they
9 finished eating it yet, or is it --
10 MR. SMITH: The damage is ongoing as I
11 understand it, because there are free range
12 monkeys on the island.
13 ATTORNEY GENERAL BUTTERWORTH: And this is
14 causing pretty serious concerns, I understand,
15 not only for those two Keys, but also for
16 surrounding waters.
17 MR. SMITH: That's correct.
18 ATTORNEY GENERAL BUTTERWORTH: Governor,
19 I think this thing has been going on so long,
20 I think that whatever pressure we can put on
21 them, we really should. I mean, some things --
22 when you come to a fairness test, I think
23 that --
24 GOVERNOR CHILES: You think we've monkied
25 around with this long enough?
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
April 29, 1997
29
1 ATTORNEY GENERAL BUTTERWORTH: I understand
2 that better than myself, Governor.
3 COMPTROLLER MILLIGAN: Who owns -- who owns
4 the island?
5 ATTORNEY GENERAL BUTTERWORTH: The State
6 does.
7 MR. SMITH: The State does, sir.
8 COMPTROLLER MILLIGAN: Owns the island?
9 MR. SMITH: Well, it's under lease -- it's
10 under agreement to Charles River Lab.
11 COMPTROLLER MILLIGAN: That's not my
12 understanding at all.
13 Who, in fact -- am I wrong on that?
14 ATTORNEY GENERAL BUTTERWORTH: Well, part
15 of the State sovereignty lands is --
16 COMPTROLLER MILLIGAN: Yeah. But who owns
17 the island?
18 SECRETARY MORTHAM: They do.
19 MR. SMITH: General, I think a more
20 accurate answer probably could come from the
21 Department, or from Charles River Lab.
22 COMPTROLLER MILLIGAN: Well, we -- okay.
23 MR. SMITH: You want to speak to that,
24 or --
25 MR. ROUTA: Good morning. Governor, and
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
April 29, 1997
30
1 members of the Board, Bob Routa again, just to
2 answer questions.
3 These are privately owned islands.
4 Charles River Laboratories --
5 COMPTROLLER MILLIGAN: Thank you.
6 MR. ROUTA: -- has owned these for a number
7 of years.
8 COMPTROLLER MILLIGAN: My objection still
9 is there, Governor.
10 MR. JORDAN: Governor and Cabinet. I'm
11 David Jordan with the Department of
12 Community Affairs.
13 It is true that the uplands of the islands
14 are owned by Charles Rivers, and the submerged
15 lands by the State of Florida.
16 I'd just like to point out that at this
17 stage, there's already an automatic stay that's
18 been imposed upon a notice of violation because
19 the special master proceeding has been requested
20 by Charles Rivers Labs.
21 If that proceeding does not result in any
22 outcome that is acceptable to Charles Rivers,
23 they can then ask for a formal proceeding before
24 DOAH on a notice of violation. Both of those
25 proceedings take several months before we
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
April 29, 1997
31
1 finally get to an order. If that is the
2 outcome, that would require them to remove any
3 structures.
4 At that point, they could then appeal our
5 final order to the District Court of Appeal, and
6 that would be the appropriate time to ask for a
7 stay, in our opinion.
8 So the Department would ask the Governor
9 and Cabinet to reject a request for a stay at
10 this time.
11 GOVERNOR CHILES: All right.
12 ATTORNEY GENERAL BUTTERWORTH: I'll move
13 staff recommendation, Governor.
14 GOVERNOR CHILES: All right. The staff
15 recommendation has been moved.
16 Is there a second?
17 TREASURER NELSON: I second.
18 GOVERNOR CHILES: And seconded.
19 So many as favor, say aye.
20 THE CABINET: Aye.
21 GOVERNOR CHILES: Opposed, no.
22 COMPTROLLER MILLIGAN: No.
23 COMMISSIONER BROGAN: No.
24 GOVERNOR CHILES: I think the ayes have
25 it. The ayes have it.
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
April 29, 1997
32
1 ATTORNEY GENERAL BUTTERWORTH: This will be
2 coming back before us ten more years from now.
3 So --
4 MS. SITTIG: Governor, we need to go back
5 to the minutes. I don't believe we got a motion
6 and a second on those.
7 That was Item number 1. Request approval
8 of the minutes of the May 25th, 1997, Commission
9 meeting.
10 COMPTROLLER MILLIGAN: Second.
11 ATTORNEY GENERAL BUTTERWORTH: Second.
12 GOVERNOR CHILES: It's been moved and
13 seconded.
14 Without objection, it's approved.
15 MS. SITTIG: Thank you.
16 (The Florida Land and Water Adjudicatory
17 Commission Agenda was concluded.)
18 *
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
33
1 GOVERNOR CHILES: All right. Florida Land
2 and Water Adjudicatory Commission.
3 ATTORNEY GENERAL BUTTERWORTH: Do you want
4 to do that one again, Governor?
5 GOVERNOR CHILES: FLAWAC.
6 ATTORNEY GENERAL BUTTERWORTH: How about
7 Board of Trustees?
8 GOVERNOR CHILES: Well, I was going to do
9 this one first.
10 ATTORNEY GENERAL BUTTERWORTH: Oh, FLAWAC
11 has -- I thought we did FLAWAC. I'm sorry. I
12 was looking on my agenda.
13 MS. WETHERELL: Do you want to go to Board
14 of Trustees next? You just did FLAWAC.
15 GOVERNOR CHILES: Whatever the General
16 would like to do.
17 ATTORNEY GENERAL BUTTERWORTH: That's
18 fine.
19 GOVERNOR CHILES: We'll do FLAWAC.
20 MS. WETHERELL: Governor --
21 ATTORNEY GENERAL BUTTERWORTH: We already
22 did FLAWAC.
23 MS. WETHERELL: -- and Trustees, I just
24 wanted to, first of all, report to y'all that
25 the seventh series of P2000 bonds was sold on
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
34
1 the 22nd of April of this month for 300 million
2 dollars. The State got a great interest rate of
3 5.377 percent. We were down to about 5 million
4 available for negotiation.
5 So I think the staff, Pete Mallison's
6 staff, has done a really good job of running his
7 program.
8 I just wanted to report to you on that.
9 If we could go to Item 1, the minutes.
10 COMMISSIONER BROGAN: Move approval.
11 COMPTROLLER MILLIGAN: Second.
12 GOVERNOR CHILES: Moved and seconded.
13 Without objection, they're approved.
14 MS. WETHERELL: Substitute Item 2 is a
15 purchase agreement for Coupon Bight Key Deer
16 CARL project.
17 SECRETARY MORTHAM: Move approval.
18 COMMISSIONER BROGAN: Second.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, it's approved.
21 MS. WETHERELL: Item 3 is an option
22 agreement for Rookery Bay CARL, and a purchase
23 agreement for Rookery Bay CARL project, and a
24 waiver of survey.
25 SECRETARY MORTHAM: Move approval.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
35
1 COMPTROLLER MILLIGAN: I have a question,
2 if I may, Governor.
3 GOVERNOR CHILES: Yes, sir.
4 COMPTROLLER MILLIGAN: On the -- on the
5 project number 2, what is our real advantage in
6 purchasing that piece of property? Why is it
7 incumbent upon us to purchase it at that
8 particular price particularly?
9 MS. WETHERELL: Well, the idea or the goal
10 certainly was to purchase all of that, you know,
11 Key Island strip. The owner held out a middle
12 parcel.
13 We previously sold him the property -- or
14 bought from him -- excuse me -- the property
15 above and below these two -- this parcel right
16 now that we're talking about.
17 COMPTROLLER MILLIGAN: And that --
18 MS. WETHERELL: So --
19 COMPTROLLER MILLIGAN: -- and as --
20 MS. WETHERELL: -- obviously, we would have
21 liked to have bought all of it, but he held out
22 this one parcel. And now he has, you know,
23 carved up that parcel, and keeping one for
24 himself to build a house, and the adjacent piece
25 to sell.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
36
1 COMPTROLLER MILLIGAN: I understand, first
2 of all, that we got a 40 percent discount on the
3 larger purchase, which I --
4 MS. WETHERELL: Right.
5 COMPTROLLER MILLIGAN: -- can appreciate.
6 MS. WETHERELL: Right.
7 COMPTROLLER MILLIGAN: And then we have
8 come to an agreement on this particular price.
9 What happens if we don't buy it, I guess,
10 is my question. What happens if we don't spend
11 this one third of a million dollars?
12 MS. WETHERELL: Right.
13 Well, I guess several things can happen.
14 One, he could decide not to sell it at all, and
15 retain that piece of property for himself, which
16 certainly from the State's perspective, if he
17 held on to it, then, you know, that's an
18 advantage to the State. It's no further
19 development there, and the reason that we're
20 purchasing for is -- is held.
21 And if he decides to sell it, then you've
22 got further development there. And obviously
23 that's kind of contrary to what we're trying to
24 accomplish with it.
25 So -- of course, we don't know what the
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
37
1 owner would choose to do if the State doesn't
2 buy it. It would just be further development if
3 he did sell it.
4 ATTORNEY GENERAL BUTTERWORTH: How's it
5 zoned now? How is that land zoned? It says,
6 highest and best use is for a single family
7 residence. Is that just one residence --
8 MR. MALLISON: Yes.
9 ATTORNEY GENERAL BUTTERWORTH: -- on the
10 10 acres?
11 MR. MALLISON: That's correct. There's
12 a -- these lots on the southern end of
13 Key Island, General, were actually platted by
14 the owner. And they range in size from just
15 over 5 acres up to, I think, about 45 acres.
16 But each one of those would have been eligible
17 for one unit.
18 COMPTROLLER MILLIGAN: So, at worse, if we
19 don't purchase this piece of property, one house
20 would be built on this almost 10 acres.
21 MR. MALLISON: That's correct.
22 COMPTROLLER MILLIGAN: And obviously would
23 have minimal impact on the goal of trying to
24 keep it in a natural state. Is that a fair
25 statement?
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
38
1 MR. MALLISON: Unlikely --
2 COMPTROLLER MILLIGAN: Unlikely to have --
3 MR. MALLISON: It --
4 COMPTROLLER MILLIGAN: -- great impact.
5 MR. MALLISON: -- would have one house on
6 it. I would note that there are no utilities,
7 or anything of that sort, on the southern end of
8 the island, so you would have septic systems and
9 that sort of thing --
10 COMPTROLLER MILLIGAN: Uh-hum.
11 MR. MALLISON: -- in that area.
12 COMPTROLLER MILLIGAN: I don't know. This
13 is just another one of those, I wonder if it's
14 worth a third of a million dollars when it's
15 unlikely it's going to be developed.
16 And even if it were developed, whether it
17 had much of an impact -- adverse impact in terms
18 of the environmental.
19 I guess I would certainly support project 1
20 at somewhere around, what, less than $1,000 an
21 acre. And I have a little bit of problem
22 supporting project 2 at $3800 an acre -- $38,000
23 an acre. When they're only a mile apart, I
24 might add, too. Mile, mile-and-a-half.
25 So I will support project 1, Governor; but
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
39
1 I oppose number 2.
2 GOVERNOR CHILES: All right. We got a
3 motion and a second.
4 ATTORNEY GENERAL BUTTERWORTH: I'll move
5 Item 3, Governor.
6 GOVERNOR CHILES: You move that?
7 Is there a second?
8 COMMISSIONER CRAWFORD: Second.
9 GOVERNOR CHILES: Second.
10 So many as favor the item, signify by
11 saying aye.
12 THE CABINET: Aye.
13 GOVERNOR CHILES: Opposed, no.
14 Item is adopted.
15 MS. WETHERELL: Item 4 is the
16 Department of Corrections conveyance to
17 Indian River Community College.
18 SECRETARY MORTHAM: Move approval.
19 COMMISSIONER BROGAN: Second.
20 GOVERNOR CHILES: Moved and seconded.
21 Without objection, it's approved.
22 COMPTROLLER MILLIGAN: On Item 3, Governor,
23 I would like it be acknowledged that I oppose
24 the purchase of the second parcel.
25 GOVERNOR CHILES: All right, sir. So
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
40
1 noted.
2 MS. WETHERELL: Okay. Item 5 is a
3 resolution for the transfer of Federal land to
4 the Board of Trustees.
5 COMMISSIONER BROGAN: Move approval.
6 COMPTROLLER MILLIGAN: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 COMMISSIONER BROGAN: With a question,
9 Governor?
10 GOVERNOR CHILES: Yes, sir.
11 COMMISSIONER BROGAN: I'm sorry. That was
12 on the DOC item, correct?
13 MS. WETHERELL: Yes, sir. Item 5.
14 COMMISSIONER BROGAN: There have been some
15 questions, Secretary, regarding hazardous waste
16 on that particular property. My only concern
17 with this is -- and I acknowledge that there's
18 going to be apparently testing done before --
19 MS. WETHERELL: Uh-hum.
20 COMMISSIONER BROGAN: -- any ownership
21 would be taken.
22 Will that come back to this group before
23 such ownership would actually take place?
24 Because that's pending; is it not?
25 MS. WETHERELL: Right. It will come back
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
41
1 to you. This resolution gives the Secretary of
2 Corrections the ability to negotiate, fill out
3 the application, those kinds of things.
4 But it will come back to you.
5 COMMISSIONER BROGAN: Okay. Thank you,
6 Governor.
7 GOVERNOR CHILES: All right. Been moved
8 and seconded.
9 Without objection, it's approved.
10 MS. WETHERELL: Item 6 -- Substitute
11 Item 6, we're asking for authority to proceed
12 with court action to seek lease revocation. And
13 we have one request for speaking, Eva Armstrong.
14 GOVERNOR CHILES: Very well.
15 MS. WETHERELL: All right.
16 ATTORNEY GENERAL BUTTERWORTH: Do you
17 remember Eva, Governor, the last time she was
18 here. She's coming back again. She's a very
19 brave lady.
20 COMMISSIONER CRAWFORD: Undaunted.
21 MS. ARMSTRONG: Brave or stupid, right?
22 Good morning, Governor, member --
23 GOVERNOR CHILES: Good morning.
24 MS. ARMSTRONG: -- members of the Cabinet.
25 Eva Armstrong, representing the Audubon
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
42
1 Society. I'll be brief.
2 I just want to point out that with this
3 situation, this isn't a company, that it's a
4 singular event. This situation has been going
5 on over a period of at least 13 years, since
6 I've been involved with the Cabinet process.
7 And I understand -- while I wasn't here for
8 the discussion on the previous item, I
9 understand there was concern -- some concern
10 about, well, is this fair to the private
11 property owner.
12 Well, I've got a question for you. When is
13 it fair to the public? Because it's been the
14 public's resources that have been destroyed in
15 this situation. And you have a company that has
16 systematically searched for ways to delay State
17 action to get them to straighten up.
18 So I would just urge you to move forward
19 with staff recommendation.
20 Thank you.
21 GOVERNOR CHILES: Thank you.
22 COMMISSIONER BROGAN: Governor, I voted
23 against the first issue. But I'll tell you, my
24 feelings are much like the General's. Before
25 these monkeys develop opposable thumbs, I would
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
43
1 recommend that we move approval of this item.
2 This has been going on --
3 COMPTROLLER MILLIGAN: I don't believe
4 there's anybody opposing this item, Frank.
5 Thank you.
6 GOVERNOR CHILES: It's been moved --
7 COMPTROLLER MILLIGAN: That's this item.
8 SECRETARY MORTHAM: Second.
9 GOVERNOR CHILES: It's been moved and
10 seconded.
11 SECRETARY MORTHAM: Governor --
12 GOVERNOR CHILES: Oh.
13 SECRETARY MORTHAM: Just a -- just a quick
14 comment.
15 GOVERNOR CHILES: Was there a second? I --
16 SECRETARY MORTHAM: Yes. I seconded.
17 GOVERNOR CHILES: All right.
18 SECRETARY MORTHAM: I'd just like to ask
19 the Secretary to recognize David Schwartz, the
20 attorney that's been working on this particular
21 issue.
22 I know that he -- he's worked real hard
23 with all the parties involved, and I'd just like
24 to make sure that he's publicly thanked.
25 ATTORNEY GENERAL BUTTERWORTH: Is he
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
44
1 retiring now? I mean, is this --
2 SECRETARY MORTHAM: I don't know.
3 MS. WETHERELL: No. He does consider it a
4 career issue though. And he has done a fine
5 job.
6 And I appreciate that, Secretary Mortham,
7 very much.
8 ATTORNEY GENERAL BUTTERWORTH: He really
9 has done a great job.
10 MS. WETHERELL: Thank you.
11 GOVERNOR CHILES: Thank you for your
12 efforts.
13 There's a motion and a second.
14 So many as favor the motion, signify by
15 saying aye.
16 Opposed --
17 THE CABINET: Aye.
18 GOVERNOR CHILES: -- no.
19 THE CABINET: Aye.
20 GOVERNOR CHILES: Aye.
21 THE CABINET: Aye.
22 GOVERNOR CHILES: Opposed, no.
23 Motion is adopted. Period.
24 MS. WETHERELL: Okay. And, Governor, the
25 final thing today is that Treasurer Nelson had
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
45
1 asked at the last meeting to have an update on
2 the most recent proposal for twelve new wells.
3 Let me just tell you first, before I ask
4 someone to come up here, that you recall that
5 you passed a resolution in support of
6 legislation that General Butterworth has
7 spearheaded. And this legislation was
8 sponsored, and it has been passed now.
9 Senator Latvala's bill passed last week.
10 And that legislation enables you, sitting
11 as the Administration Commission, to set the
12 amount of surety that is necessary in these
13 types of offshore drilling operations.
14 And so we thank you, General Butterworth,
15 for spearheading that effort; and you, as the
16 Trustees, for your support through that
17 resolution.
18 That has passed both Houses and should be
19 coming to the Governor shortly.
20 I'd like to call on Walt Smith, who's head
21 of the Florida Geological Survey, it's part of
22 our agency, to give you a briefing on the status
23 of those twelve applications.
24 Walt.
25 (Commissioner Brogan exited the room.)
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
46
1 MR. SMITH: Mr. Governor, and distinguished
2 members of the Cabinet, I appreciate the
3 opportunity to give you a --
4 GOVERNOR CHILES: Yes, sir.
5 MR. SMITH: -- quick update.
6 I think in your packet, you do have a
7 smaller version of this poster I put up here,
8 knowing that there's no way I could make the
9 poster large enough for you to be able to see it
10 all. I think it will be appropriate that you
11 have one in front of you.
12 Very briefly, I'd like to simply -- to
13 point out where the -- we are with the
14 particular applications, and what the next step
15 will be.
16 In the end of February, February 27th,
17 Coastal Petroleum did submit twelve applications
18 on their lease area offshore. And if I may, you
19 can see three of them are up in the panhandle --
20 and you can also see these in your -- on your
21 map in front of you.
22 -- two off of -- north of Tampa, and the
23 remaining of them on the southern part of their
24 lease down from the Sanibel Island area all the
25 way to the Naples area.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
47
1 (Commissioner Brogan entered the room.)
2 MR. SMITH: The applications that were
3 submitted February 25th basically paralleled the
4 applications that they had submitted in 1992.
5 And that is, they submitted a Form 3, which is
6 simply the application to request for permit to
7 drill, with their application fee and their fee
8 to join the Trust Fund. And that was all that
9 was submitted.
10 Staff reviewed them and responded with what
11 they were deficient in, submitted the letter
12 back to them, and now we're waiting on Coastal,
13 if they choose to complete the applications.
14 The types of things that they need to
15 complete to submit to us to make the application
16 complete are the routine types of things that
17 one does for offshore wells, such as in Federal
18 waters:
19 An environmental site assessment, a
20 complete zero discharge plan for the rig, a
21 spill and pollutant contingency plan, the
22 specific specifications they intend regarding
23 drilling and platform construction, a
24 transportation plan, some geologic supporting
25 data to justify why they propose to drill where
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
April 29, 1997
48
1 they did, the drilling plan itself, a test oil
2 and gas plan, and a hydrogen sulfide contingency
3 plan.
4 That's the information that they were
5 deficient, and we will be expecting them to
6 submit to complete those applications.
7 Do you have any questions?
8 GOVERNOR CHILES: Are there questions?
9 MR. SMITH: Thank you.
10 GOVERNOR CHILES: Thank you, sir.
11 MS. WETHERELL: That concludes our agenda,
12 unless you have --
13 GOVERNOR CHILES: Thank you very much.
14 MS. WETHERELL: Thank you.
15 GOVERNOR CHILES: Concludes our agenda.
16 (The Trustees of the Internal Improvement
17 Trust Fund Agenda was concluded.)
18 *
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
49
1 COMMISSIONER BROGAN: Governor, I --
2 just -- just wanted to update you, as I promised
3 I would.
4 Staff indicated to me a minute ago that
5 there is, indeed, on special order calendar
6 today a Senate bill filed by Senator Rossin that
7 apparently, and I'm not an attorney, but as I
8 read it, would preclude the -- the deal from
9 being consummated, the agreement from being
10 consummated.
11 And I suppose through the language on
12 Section 1 which was inserted that says
13 notwithstanding any other law, any public
14 television or public radio station receiving
15 funds from the State is prohibited from merging
16 with, or allowing the use of its facilities by
17 any private, nonprofit institution of higher
18 learning.
19 I think that probably says it all --
20 GOVERNOR CHILES: Well, I think the
21 question would be -- and I don't know the answer
22 to this -- but, General, would that apply to
23 what had already taken place, or would that
24 apply to some merger that would take place after
25 the law is passed?
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
50
1 ATTORNEY GENERAL BUTTERWORTH: Probably
2 after it becomes effective. Probably after the
3 effective date.
4 GOVERNOR CHILES: Well --
5 COMPTROLLER MILLIGAN: What does this do
6 to --
7 GOVERNOR CHILES: It would seem to me that
8 that might be speaking to a future.
9 ATTORNEY GENERAL BUTTERWORTH: I think it's
10 speaking to a future, Governor. I'm not sure
11 that it'll affect what's going on here. This
12 contract has already --
13 GOVERNOR CHILES: Yeah.
14 ATTORNEY GENERAL BUTTERWORTH: -- been
15 signed, it's already ongoing. I think it
16 would -- it could jeopardize what's ever
17 happening.
18 But I think the best thing is to find out
19 what happens.
20 There's some special order in Senate you
21 said, Frank?
22 COMMISSIONER BROGAN: Yes, sir.
23 And, General, it does -- I was only looking
24 at the bottom. As I look up, it actually does
25 have language pertaining to: Whereas,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
51
1 Barry University is Florida's oldest and largest
2 private independent Catholic university. And
3 the State of Florida and WXEL, apparently it has
4 been written to specifically direct the language
5 toward that agreement.
6 ATTORNEY GENERAL BUTTERWORTH: Never having
7 served in the Legislative branch, we try to
8 protect them from themselves --
9 COMMISSIONER BROGAN: One of your most
10 redeeming qualities --
11 ATTORNEY GENERAL BUTTERWORTH: Yes.
12 COMMISSIONER BROGAN: -- by the way,
13 General.
14 ATTORNEY GENERAL BUTTERWORTH: Yours, too.
15 Yours, too.
16 GOVERNOR CHILES: Do we know whether there
17 was a House companion --
18 ATTORNEY GENERAL BUTTERWORTH: There was no
19 House companion, Governor. But under the rules
20 of the House, it may or may not come up. It's a
21 stand-alone bill though.
22 GOVERNOR CHILES: All right.
23 Thank you.
24 COMMISSIONER BROGAN: Thank you.
25
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
April 29, 1997
52
1 (The State Board of Education Agenda was
2 concluded.)
3 *
4 (The Cabinet meeting was concluded at
5 11:00 a.m.)
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
April 29, 1997
53
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 52 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 9TH day of MAY, 1997.
17
18
19 LAURIE L. GILBERT, RPR, CCR
100 Salem Court
20 Tallahassee, Florida 32301
(904) 878-2221
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
