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Cabinet
Affairs |
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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
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Representing:
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STATE BOARD OF ADMINISTRATION
6 DIVISION OF BOND FINANCE
STATE BOARD OF EDUCATION
7 MARINE FISHERIES COMMISSION
BOARD OF TRUSTEES, INTERNAL IMPROVEMENT TRUST FUND
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9 The above agencies came to be heard before
THE FLORIDA CABINET, Honorable Attorney General
10 Bob Butterworth presiding, in the Cabinet Meeting
Room, LL-03, The Capitol, Tallahassee, Florida, on
11 Thursday, October 9, 1997, commencing at
approximately 9:45 a.m.
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14 Reported by:
15 LAURIE L. GILBERT
Registered Professional Reporter
16 Certified Court Reporter
Certified Realtime Reporter
17 Notary Public in and for
the State of Florida at Large
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22 ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
23 TALLAHASSEE, FLORIDA 32301
850/878-2221
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1 APPEARANCES:
2 Representing the Florida Cabinet:
3 BOB CRAWFORD
Commissioner of Agriculture
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BOB MILLIGAN
5 Comptroller
6 BOB BUTTERWORTH
Attorney General
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BILL NELSON
8 Treasurer
9 FRANK T. BROGAN
Commissioner of Education
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ACCURATE STENOTYPE REPORTERS, INC.
October 9, 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 6
4 Approved 7
7 5 Approved 7
8 DIVISION OF BOND FINANCE:
(Presented by J. Ben Watkins, III,
9 Director)
10 1 Approved 8
2 Approved 8
11 3 Approved 9
4 Approved 9
12 5 Approved 9
13 STATE BOARD OF EDUCATION:
(Presented by Robert L. Bedford, Ph.D.,
14 Deputy Commissioner)
15 1 Approved 10
2 Approved 12
16 3 Approved 13
4 Approved 13
17 5 Approved 13
18 MARINE FISHERIES COMMISSION:
(Presented by Russell S. Nelson, Ph.D.,
19 Executive Director)
20 A Approved 15
B Deferred 16
21 C Deferred 16
D Approved 16
22 E Approved 17
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ACCURATE STENOTYPE REPORTERS, INC.
October 9, 1997
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1 I N D E X
(Continued)
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ITEM ACTION PAGE
3
BOARD OF TRUSTEES OF THE
4 INTERNAL IMPROVEMENT
TRUST FUND:
5 (Presented by Kirby B. Green, III,
Deputy Secretary)
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1 Approved 18
7 Substitute 2 Deferred 18
3 Approved 19
8 Substitute 4 Deferred 19
5 Approved 20
9 6 Deferred 20
10 CERTIFICATE OF REPORTER 31
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 9, 1997
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1 P R O C E E D I N G S
2 (The agenda items commenced at 10:06 a.m.)
3 ATTORNEY GENERAL BUTTERWORTH: I now turn
4 the Chair over to Comptroller Milligan for the
5 State Board of Administration.
6 COMPTROLLER MILLIGAN: Thank you,
7 General Butterworth.
8 Mr. Herndon.
9 MR. HERNDON: General. The first item is
10 approval of the minutes of the meeting held on
11 August 28th, 1997.
12 COMPTROLLER MILLIGAN: When the other
13 member of the State Board of Administration is
14 present and joins us --
15 TREASURER NELSON: All right.
16 COMPTROLLER MILLIGAN: We have the minutes
17 before us.
18 TREASURER NELSON: Do you want me to move
19 it or second it --
20 COMPTROLLER MILLIGAN: -- sir.
21 TREASURER NELSON: I'll --
22 COMMISSIONER BROGAN: You just --
23 TREASURER NELSON: I'll move it.
24 COMMISSIONER BROGAN: You just moved the
25 upping of dues --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 9, 1997
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1 COMPTROLLER MILLIGAN: Second.
2 COMMISSIONER BROGAN: -- to the State Board
3 of --
4 COMPTROLLER MILLIGAN: Seconded.
5 And without objection, passes.
6 MR. HERNDON: Item number 2 is approval of
7 fiscal sufficiency for a hundred and sixty
8 million dollar bond issue for the
9 Tampa-Hillsborough County Expressway Authority.
10 TREASURER NELSON: I move it.
11 COMPTROLLER MILLIGAN: And seconded.
12 Without exception, pass.
13 MR. HERNDON: Item number 3 is approval of
14 an interest rate exception for a million dollar
15 Boca Raton Housing Authority second mortgage
16 lien.
17 TREASURER NELSON: I move it.
18 COMPTROLLER MILLIGAN: And seconded.
19 Without --
20 (Commissioner Crawford exited the room.)
21 COMPTROLLER MILLIGAN: -- exception,
22 passed.
23 MR. HERNDON: Item number 4 is a repeal of
24 Rule 19-4.0043 having to do with investments in
25 synthetic securities.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 9, 1997
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1 TREASURER NELSON: I move it.
2 COMPTROLLER MILLIGAN: Second.
3 It passes.
4 MR. HERNDON: Item number 5 is the
5 investment performance and fund balance analysis
6 reports for the month of August 1997.
7 TREASURER NELSON: I move it.
8 COMPTROLLER MILLIGAN: And seconded.
9 And reflects a little bit of the market,
10 but --
11 MR. HERNDON: Yes, it does.
12 COMPTROLLER MILLIGAN: -- it is passed
13 without reservation --
14 MR. HERNDON: Thank you.
15 COMPTROLLER MILLIGAN: -- or exception.
16 Thank you, Tom.
17 (The State Board of Administration Agenda
18 was concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
October 9, 1997
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1 ATTORNEY GENERAL BUTTERWORTH: Division of
2 Bond Finance.
3 Is there a motion on minutes?
4 COMPTROLLER MILLIGAN: Motion.
5 COMMISSIONER BROGAN: Second.
6 ATTORNEY GENERAL BUTTERWORTH: All
7 opposed.
8 All in favor.
9 Passes.
10 MR. WATKINS: Item 2 is a resolution
11 authorizing the competitive sale of up to
12 200 million dollars in PECO bonds.
13 COMMISSIONER BROGAN: Move approval.
14 COMPTROLLER MILLIGAN: Second.
15 ATTORNEY GENERAL BUTTERWORTH: Moved and
16 seconded.
17 Any objection?
18 Passes.
19 MR. WATKINS: Item 3 is a resolution
20 authorizing the competitive sale of up to
21 160 million dollars of Tampa-Hillsborough County
22 Expressway Authority bonds.
23 COMMISSIONER BROGAN: Move approval.
24 COMPTROLLER MILLIGAN: And second.
25 ATTORNEY GENERAL BUTTERWORTH: Any
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
October 9, 1997
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1 objection?
2 Passes.
3 MR. WATKINS: Item 4 is a report of award
4 on the competitive sale of Jacksonville
5 Transportation authority bonds sold at a true
6 inter-- at a TIC of 5.30 percent.
7 COMMISSIONER BROGAN: Move approval.
8 COMPTROLLER MILLIGAN: Second.
9 ATTORNEY GENERAL BUTTERWORTH: Moved and
10 seconded.
11 MR. WATKINS: Item 5 is a report --
12 ATTORNEY GENERAL BUTTERWORTH: Passes.
13 MR. WATKINS: -- of award on the
14 competitive sale of P-2000 refunding bonds.
15 COMMISSIONER BROGAN: Move approval.
16 COMPTROLLER MILLIGAN: And seconded.
17 ATTORNEY GENERAL BUTTERWORTH: Any
18 objection?
19 Passes.
20 (The Division of Bond Finance Agenda was
21 concluded.)
22 *
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
October 9, 1997
10
1 ATTORNEY GENERAL BUTTERWORTH: Now turn the
2 Chair over to Commissioner Brogan for the State
3 Board of Education.
4 COMMISSIONER BROGAN: Thank you, General.
5 DR. BEDFORD: Good morning,
6 Commissioner Brogan, members of the State Board
7 of Education.
8 Item 1, minutes of the meeting of
9 August 28th, 1997.
10 COMMISSIONER BROGAN: Need a motion.
11 ATTORNEY GENERAL BUTTERWORTH: Motion.
12 COMPTROLLER MILLIGAN: Second.
13 COMMISSIONER BROGAN: Without objection.
14 DR. BEDFORD: Item 2, Alachua County School
15 District requests waiver of a charter school
16 cap. They currently have three, wish to add.
17 COMMISSIONER BROGAN: Let me introduce a
18 good friend of mine, and the gentleman who will
19 be ultimately awarded --
20 (Commissioner Crawford entered the room.)
21 COMMISSIONER BROGAN: -- by the
22 Alachua County School District a charter
23 school. If he'd come forward.
24 Like him to say hello to some other good
25 friends of mine, Simon.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
October 9, 1997
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1 This is Dr. Simon Johnson from Gainesville
2 who is requesting the charter. Of course, the
3 Alachua County School District is requesting
4 today an increase by one on the cap of their
5 charter opportunities for their district as
6 they're required to do if they want to exceed
7 that.
8 But I just wanted to introduce you to
9 Dr. Johnson, and let you tell us a little bit
10 about the school if you would, Doc.
11 DR. JOHNSON: Thank you very much,
12 Commissioner Brogan, and to the Cabinet. It's a
13 pleasure for me to be here today.
14 And I have been in education for many
15 years. And now is the time for me to do some
16 things that I really would like to do, and that
17 is, we know that in Alachua County, there are
18 many children who need individual help.
19 We want to go out and get those boys and
20 girls who have problems, work with them, and get
21 them ready to become citizens of this country,
22 and productive citizens.
23 So I'm here today to say to you that with
24 this charter, we will help many, many boys and
25 girls, not only in Alachua County, but in other
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
October 9, 1997
12
1 places as well. We have the persons ready to
2 work with us.
3 And I thank you very much for allowing me
4 to come before you at this particular time.
5 COMMISSIONER BROGAN: Thank you, Doctor.
6 And if this is as successful as everything
7 else you've ever touched in education, you're
8 going to have some boys and girls be more
9 successful than ever before.
10 DR. JOHNSON: And thank you very much. And
11 I can assure you that this will be successful.
12 COMMISSIONER BROGAN: Thank you, sir.
13 And we will look for a motion. And, again,
14 that's not on the doctor's school, but on the
15 Alachua County School District's request to
16 raise their cap on charter schools by one.
17 ATTORNEY GENERAL BUTTERWORTH: Motion.
18 COMPTROLLER MILLIGAN: I move the waiver.
19 ATTORNEY GENERAL BUTTERWORTH: Second.
20 COMMISSIONER BROGAN: Motion and a second.
21 Without objection, motion passes.
22 DR. BEDFORD: Item 3 is authorization of
23 the competitive sale and delivery of not to
24 exceed 200 million dollars, State of Florida
25 Full Faith and Credit Public Education Capital
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
October 9, 1997
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1 Outlay bonds.
2 COMMISSIONER BROGAN: Need a motion.
3 COMMISSIONER CRAWFORD: Motion.
4 ATTORNEY GENERAL BUTTERWORTH: Second.
5 COMMISSIONER BROGAN: Motion and a second.
6 Without objection.
7 DR. BEDFORD: Item 4, Rule 6A-20.0021,
8 Amendment, Program Compliance Audits of the
9 State Student Financial Aid and Florida Resident
10 Access Grant Programs.
11 COMPTROLLER MILLIGAN: Motion.
12 COMMISSIONER CRAWFORD: Second.
13 COMMISSIONER BROGAN: Motion and a second.
14 Discussion?
15 Without objection, motion passes.
16 DR. BEDFORD: Item 5, reappointments to the
17 State Board of Community Colleges. Reappointees
18 are C. Ronald Belton, Joseph H. Lang,
19 Alberta K. Wilson; a term to expire
20 September 30th, the year 2002.
21 COMPTROLLER MILLIGAN: Motion.
22 COMMISSIONER CRAWFORD: Second.
23 COMMISSIONER BROGAN: Any discussion?
24 Without objection, motion passes.
25 DR. BEDFORD: Thank you.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
October 9, 1997
14
1 COMMISSIONER BROGAN: Thanks, Bob.
2 Back to you, General.
3 ATTORNEY GENERAL BUTTERWORTH: Thank you.
4 (The State Board of Education Agenda was
5 concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
MARINE FISHERIES COMMISSION
October 9, 1997
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1 ATTORNEY GENERAL BUTTERWORTH:
2 Marine Fisheries Commission.
3 DR. NELSON: Good morning.
4 The first item, A, on the agenda is our
5 annual research recommendations to the
6 Department of Environmental Protection.
7 We recommend --
8 COMPTROLLER MILLIGAN: Move approval.
9 COMMISSIONER BROGAN: Second.
10 ATTORNEY GENERAL BUTTERWORTH: Moved and
11 seconded.
12 Any discussion?
13 Any objection?
14 Passes.
15 DR. NELSON: General, I would like to ask
16 for a deferral on Items B and C. Both of these
17 rules have a glitch in them. We have already
18 noticed an amendment to the rules to fix that.
19 And we would prefer to bring them back
20 January 21st, after we've taken that action.
21 COMMISSIONER BROGAN: General,
I'll move
22 deferral of Items B and C.
23 ATTORNEY GENERAL BUTTERWORTH: To
24 January 31st?
25 Okay. Any discussion?
ACCURATE STENOTYPE REPORTERS, INC.
MARINE FISHERIES COMMISSION
October 9, 1997
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1 Objection?
2 Pass.
3 DR. NELSON: Item D is the annual tarpon
4 tag quota.
5 COMMISSIONER BROGAN: Move approval.
6 ATTORNEY GENERAL BUTTERWORTH: Is there a
7 second?
8 COMPTROLLER MILLIGAN: Second.
9 ATTORNEY GENERAL BUTTERWORTH: Moved and
10 seconded.
11 Any discussion?
12 Any objection?
13 Passes.
14 DR. NELSON: And then the final item, E, is
15 our quota for the various fishes to be allowed
16 in the experimental tarp seine pilot program.
17 COMMISSIONER BROGAN: I would move
18 approval.
19 ATTORNEY GENERAL BUTTERWORTH: Is there a
20 second?
21 COMMISSIONER CRAWFORD: Second.
22 ATTORNEY GENERAL BUTTERWORTH: Moved and
23 seconded.
24 Any discussion?
25 Any objection?
ACCURATE STENOTYPE REPORTERS, INC.
MARINE FISHERIES COMMISSION
October 9, 1997
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1 Passes.
2 DR. NELSON: Thank you.
3 (The Marine Fisheries Commission Agenda was
4 concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 9, 1997
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1 ATTORNEY GENERAL BUTTERWORTH: Board of
2 Trustees.
3 TREASURER NELSON: General, I have a couple
4 of questions, either at the beginning or the end
5 of the agenda, whichever you prefer.
6 ATTORNEY GENERAL BUTTERWORTH: Let's do it
7 at the end. It's a very long agenda. It might
8 take almost 30 seconds.
9 Is there a motion on the minutes?
10 COMMISSIONER BROGAN: So move.
11 TREASURER NELSON: Second.
12 COMPTROLLER MILLIGAN: Second.
13 ATTORNEY GENERAL BUTTERWORTH: Moved and
14 seconded.
15 Any objection?
16 Passes.
17 MR. GREEN: Substitute Item 2, recommend
18 deferral.
19 COMMISSIONER BROGAN: Move deferral.
20 COMPTROLLER MILLIGAN: Second.
21 ATTORNEY GENERAL BUTTERWORTH: Second.
22 Moved and seconded.
23 Any discussion?
24 Any objection?
25 Passes.
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 9, 1997
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1 MR. GREEN: Item 3 is option agreement to
2 acquire 38 acres within the Florida Keys
3 Ecosystem CARL project.
4 COMMISSIONER BROGAN: Move approval.
5 COMPTROLLER MILLIGAN: And second.
6 ATTORNEY GENERAL BUTTERWORTH: Moved and
7 seconded.
8 Any discussion?
9 Any objection?
10 Passes.
11 MR. GREEN: Substitute Item 4, recommend
12 deferral.
13 COMMISSIONER BROGAN: Move deferral.
14 ATTORNEY GENERAL BUTTERWORTH:
Motion.
15 COMPTROLLER MILLIGAN: Second.
16 ATTORNEY GENERAL BUTTERWORTH: Moved and
17 seconded.
18 Any objection?
19 Passes.
20 MR. GREEN: Item 5 is an acquisition
21 agreement with the St. Johns River Water
22 Management District and Florida
23 Department of Agriculture.
24 COMMISSIONER BROGAN: I'll move approval.
25 COMMISSIONER CRAWFORD: Second.
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 9, 1997
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1 ATTORNEY GENERAL BUTTERWORTH: Moved and
2 seconded.
3 Any discussion?
4 Any objection?
5 Passes.
6 MR. GREEN: Item 6, deferral until
7 November 4th.
8 COMMISSIONER BROGAN: Move deferral until
9 November 4th.
10 ATTORNEY GENERAL BUTTERWORTH: Second?
11 COMMISSIONER CRAWFORD: Second.
12 ATTORNEY GENERAL BUTTERWORTH: Moved and
13 seconded.
14 Any objection?
15 Passes.
16 MR. GREEN: That completes the agenda,
17 General.
18 ATTORNEY GENERAL BUTTERWORTH:
19 Commissioner Nelson.
20 TREASURER NELSON: General, I would like to
21 ask some questions of DEP about some of these
22 articles that I've been reading in the newspaper
23 about the recent pleadings and the orders filed
24 in the orimulsion case that the Siting Board
25 recently remanded to the Division of
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 9, 1997
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1 Administrative Hearings.
2 I have some -- some questions, and I wish
3 you all would respond.
4 I guess the first question would be: In
5 our deliberations here at the last meeting, or
6 whenever it was that we were sitting as the
7 Siting Board, the Cabinet wished for other
8 affected parties to be able to join in the
9 orimulsion lawsuit in front of the respective
10 judge.
11 And since any intervenor would need
12 sufficient time to conduct discovery, I was
13 curious as to why DEP took the position that it
14 did not object to the motion filed by
15 Florida Power & Light last Friday,
16 October the 3rd, which requested the
17 Administrative Law Judge to set the hearing
18 within 30 days of the date of the motion.
19 What was DEP's position that you did not
20 object?
21 MR. ODOM: Okay. First of all, Treasurer,
22 I will -- we were bound by the order of the
23 Siting Board that said remanded for an expedited
24 formal evidentiary hearing to be conducted as
25 soon as possible.
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 9, 1997
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1 They inquired of the attorney with DEP that
2 was handling that issue, and he agreed to that,
3 because he felt that we could get the -- get
4 ready for the hearing by November the 3rd or
5 4th.
6 The order did, of course, indicate that
7 other affected parties should have a right to
8 intervene, and we're not changing that at all.
9 If somebody -- can I anticipate another
10 question?
11 TREASURER NELSON: Please.
12 MR. ODOM: If somebody's dissatisfied with
13 the date that the hearing officer set, they can
14 certainly file a motion, and, in fact,
15 Manatee County has filed a motion objecting to
16 that.
17 So that --
18 TREASURER NELSON: The County Commission,
19 that's correct, has filed a motion.
20 MR. ODOM: Yes, sir.
21 TREASURER NELSON: Who will that be heard
22 in front of?
23 MR. ODOM: Before the hearing officer.
24 I think it was assigned again to Johnston --
25 TREASURER NELSON: All right.
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 9, 1997
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1 MR. ODOM: -- Larry Johnston.
2 TREASURER NELSON: And that would be on the
3 question of whether or not the matter was going
4 to proceed on the -- on the date that the judge
5 had set, 30 days hence --
6 MR. ODOM: That's right.
7 TREASURER NELSON: -- November the 3rd.
8 And so it's your position in DEP that you
9 did not file an objection to that because you
10 felt like that met the sense --
11 MR. ODOM: Of the order --
12 TREASURER NELSON: -- of the order --
13 MR. ODOM: Yes, sir.
14 TREASURER NELSON: -- which was expedited.
15 MR. ODOM: Yes. And then said as soon as
16 possible.
17 TREASURER NELSON: All right. Let me ask
18 you another question then.
19 It's my understanding, under the rules of
20 procedure, that when a party files a motion with
21 the Division of Administrative Hearings, that
22 the opposing parties have seven days to respond
23 to that motion prior to the order being entered
24 in the case.
25 And from what I have read in the
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 9, 1997
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1 newspapers, it appears that this procedure was
2 not followed, and that the motion setting this
3 cause for hearing was filed on October the 3rd,
4 and the order setting this matter for hearing
5 was issued on October the 7th. And that doesn't
6 amount to seven days.
7 MR. ODOM: No, sir.
8 TREASURER NELSON: In -- what, in DEP's
9 opinion, was the Administrative Law Judge's
10 order? Was it issued correctly, according to
11 the Laws of Procedure?
12 MR. ODOM: I think they should have waited
13 and given other parties an opportunity to move
14 in opposition to it, as the rules require. And
15 I think that anybody that was not prepared, like
16 the -- to go to hearing on November 3rd, to
17 bring that to the attention of the
18 hearing officer and point out that it was a
19 violation of the rules requiring seven days'
20 notice.
21 TREASURER NELSON: All right. Now, I
22 didn't quite catch that. Run that by me again.
23 MR. ODOM: Well, I think that he -- I'm
24 always reluctant to say a judge did something
25 wrong.
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 9, 1997
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1 TREASURER NELSON: Right. I understand.
2 MR. ODOM: But I think he should have
3 waited the requisite seven days to give other
4 parties an opportunity to move and be heard on
5 the issue.
6 TREASURER NELSON: Well, does -- what is
7 the legal remedy for the parties concerned if,
8 in fact, that was not a correct ruling?
9 MR. ODOM: There's two legal remedies.
10 Number one, they can go back and file a
11 motion before the hearing officer, or
12 Administrative Law Judge, pointing out that he
13 acted too quick and asking him to reconsider.
14 That's one remedy.
15 Another remedy, they could appeal directly
16 to the First District Court of Appeal, and point
17 out the error, and perhaps have him reversed.
18 COMMISSIONER BROGAN: Could I ask a
19 question, General?
20 Have you seen Manatee County's --
21 MR. ODOM: I have a copy of that, yes, sir.
22 COMMISSIONER BROGAN: What is the basis of
23 their request? Is it what Commissioner Nelson
24 just alluded to, or something other -- just
25 curious.
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 9, 1997
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1 MR. ODOM: Let me find --
2 They did not point that out, because they
3 filed their motion the same day that the
4 Administrative Law Judge entered his order. So
5 they probably weren't aware of it at that time.
6 They pointed out that it was too quick,
7 that they wouldn't have an opportunity to be
8 heard, that the public wouldn't have an
9 opportunity.
10 They pointed all these things out on the
11 same day that the order was entered.
12 COMMISSIONER BROGAN: So they at least
13 alluded to the time line in there, although not
14 directly by date.
15 MR. ODOM: They said it was too quick,
16 yes, sir. They said -- they were objecting to
17 the schedule that FP&L had suggested.
18 But I don't think -- just looking at the
19 dates, I don't think they had Judge Johnston's
20 order setting it at that time.
21 But there are two remedies. One of the
22 parties -- Manasota 88, I have not seen a motion
23 that they've filed yet.
24 One of the remedies would be for them to
25 file a motion with the ALJ, pointing out that he
ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
October 9, 1997
27
1 acted too quickly, and ask him to reconsider,
2 and grant argument if the parties saw fit to try
3 to get it extended. That's one remedy.
4 And, of course, the other one, as I said,
5 they have a right to go directly to the
6 First District Court of Appeal, and appeal the
7 order. So they could do both.
8 TREASURER NELSON: Well, Counselor, is
9 there a third possible remedy, that we could
10 offer a motion here for continuance in this case
11 until the matter is disposed of on a possible
12 violation of the rules of procedure?
13 What would be the legal effect of a motion
14 adopted by this Cabinet sitting as the Board of
15 Trustees?
16 MR. ODOM: Well, I think that it would --
17 it could only be done by the Cabinet sitting as
18 the Siting Board, first of all. I think
19 that's -- would be the correct thing.
20 But secondly, I think that basically you've
21 lost jurisdiction of the case when you referred
22 it back to DOAH. And so I don't think that
23 the -- that the Cabinet -- or the Siting Board
24 could legally reconsider and change what the
25 order said. The order said as soon as
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1 possible.
2 I don't think they could now come back in
3 and say, well, we want it such and such a day.
4 TREASURER NELSON: Well, I'll tell you what
5 I'm inclined to do, General, and members, is at
6 our next Cabinet meeting, we sit as the
7 Siting Board.
8 And I think we'll see in the intervening
9 two weeks how this is disposed of. Clearly if
10 it does not have any legal effect because we
11 might have relinquished the legal authority --
12 and we'll have that researched -- nevertheless,
13 we as -- sitting as the Siting Board in
14 two weeks, would have some ability to express
15 our concern about providing all the parties, and
16 potential parties, a fair opportunity to be
17 heard and to prepare for the hearing.
18 And, you know, I don't know any more than
19 what I've seen in the newspaper. But what I've
20 seen in the newspaper I don't like.
21 MR. ODOM: I understand.
22 TREASURER NELSON: So that's why I'm
23 raising it here. And I will defer until we sit
24 two weeks from now as the Siting Board.
25 ATTORNEY GENERAL BUTTERWORTH: Any other
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1 comments?
2 Mr. Odom, I believe that the Siting Board,
3 as the Commissioner stated, wanted to have
4 public input, and even though a hearing was to
5 be held as soon as possible, I think that --
6 that also was -- should be --
7 MR. ODOM: Very definitely --
8 ATTORNEY GENERAL BUTTERWORTH: -- it should
9 be together.
10 And if you believe -- if DEP believes that
11 such a short date is not going to give the
12 notice to the public, whether it was sitting as
13 the Siting Board or not, you may very well want
14 to seriously consider whether or not DEP's
15 representing the people of the State of Florida
16 or not.
17 And if, in fact, people of the State of
18 Florida are not being heard, whether we're
19 sitting or not, you may wish to take the
20 appropriate action.
21 MR. ODOM: I understand.
22 Can I mention one other thing?
23 ATTORNEY GENERAL BUTTERWORTH: Yes, sir.
24 MR. ODOM: If -- if the Siting Board wants
25 to consider this matter at the next meeting,
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1 would you like for us to prepare an agenda item
2 to get it on the agenda?
3 We'll certainly do that if that's your
4 wishes.
5 TREASURER NELSON: (Nodding head.)
6 ATTORNEY GENERAL BUTTERWORTH: Any other
7 comments?
8 MR. ODOM: Thank you, gentlemen.
9 COMMISSIONER BROGAN: Okay.
10 ATTORNEY GENERAL BUTTERWORTH: Well,
11 45 minutes isn't too bad.
12 (The Board of Trustees of the Internal
13 Improvement Trust Fund Agenda was concluded.)
14 *
15 (The Cabinet meeting was concluded at
16 10:24 a.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 30 are a true and correct
11 record of the aforesaid proceedings.
12 I FURTHER CERTIFY that I am not a relative,
13 employee, attorney or counsel of any of the parties,
14 nor relative or employee of such attorney or counsel,
15 or financially interested in the foregoing action.
16 DATED THIS 17TH day of OCTOBER, 1997.
17
18
19 LAURIE L. GILBERT, RPR, CCR, CRR
100 Salem Court
20 Tallahassee, Florida 32301
850/878-2221
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