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3 T H E C A B I N E T

4 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

7 DIVISION OF BOND FINANCE

FINANCIAL MANAGEMENT INFORMATION BOARD

8 ADMINISTRATION COMMISSION

MARINE FISHERIES COMMISSION

9 BOARD OF TRUSTEES, INTERNAL IMPROVEMENT TRUST FUND

10

The above agencies came to be heard before

11 THE FLORIDA CABINET, Honorable Governor Chiles

presiding, in the Cabinet Meeting Room, LL-03,

12 The Capitol, Tallahassee, Florida, on Tuesday,

October 13, 1998, commencing at approximately

13 9:49 a.m.

14

15 Reported by:

16 LAURIE L. GILBERT

Registered Professional Reporter

17 Certified Court Reporter

Certified Realtime Reporter

18 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 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.

October 13, 1998

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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 5

2 Approved 5

6 3 Approved 6

4 Approved 6

7 5 Approved 9

8 DIVISION OF BOND FINANCE:

(Presented by J. Ben Watkins, III,

9 Director)

10 1 Approved 12

2 Approved 12

11 3 Approved 13

4 Approved 13

12

FINANCIAL MANAGEMENT INFORMATION BOARD:

13 (Presented by Martin Young,

Secretary)

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1 Approved 14

15 2 Approved 14

16 ADMINISTRATION COMMISSION:

(Presented by Robert B. Bradley, Ph.D.,

17 Secretary)

18 1 Approved 15

2 Approved 15

19 3 Approved 16

4 Approved 16

20 5 Approved 16

6 Approved 17

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ACCURATE STENOTYPE REPORTERS, INC.

October 13, 1998

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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 18

6 B Approved 18

C Approved 18

7 D Approved 19

E Approved 19

8

BOARD OF TRUSTEES OF THE

9 INTERNAL IMPROVEMENT

TRUST FUND:

10 (Presented by Virginia B. Wetherell,

Secretary)

11

1 Approved 20

12 2 Approved 20

3 Approved 20

13 Substitute 4 Approved 21

5 Approved 21

14 6 Approved 21

7 Approved 21

15 8 Approved 22

9 Approved 29

16 Substitute 10 Approved 28

11 Denied 31

17 12 Approved 33

13 Approved 34

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CERTIFICATE OF REPORTER 36

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ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 13, 1998

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1 P R O C E E D I N G S

2 (The agenda items commenced at 10:24 a.m.)

3 GOVERNOR CHILES: State Board of

4 Administration.

5 MR. HERNDON: Item number 1 on the agenda

6 this morning is the adoption of the minutes of

7 the meeting held on September 23rd, 1998.

8 COMPTROLLER MILLIGAN: Move the minutes.

9 TREASURER NELSON: Second.

10 GOVERNOR CHILES: Moved and seconded.

11 Without objection, the minutes are

12 accepted.

13 MR. HERNDON: Item number 2 is approval of

14 a fiscal determination of an amount not

15 exceeding eighteen million dollars to the

16 Florida Housing Finance Corporation Housing

17 Revenue Bonds, 1998 series.

18 TREASURER NELSON: Move it.

19 COMPTROLLER MILLIGAN: And second.

20 GOVERNOR CHILES: Moved and seconded.

21 Without objection, it's approved.

22 MR. HERNDON: Item number 3 is approval of

23 a fiscal determination of an amount not

24 exceeding seventeen million five hundred and

25 sixty-five thousand dollars for the Florida

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 13, 1998

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1 Housing Finance Corporation Housing Revenue

2 Bonds, 1998 series.

3 COMPTROLLER MILLIGAN: Move it.

4 TREASURER NELSON: Second.

5 GOVERNOR CHILES: Moved and seconded.

6 Without objection, that's approved.

7 MR. HERNDON: Item number 4 is approval of

8 a fiscal determination of an amount not

9 exceeding thirteen million six hundred and

10 sixty thousand dollars for the Florida --

11 Florida Housing Finance Corporation Housing

12 Revenue Bonds, also 1998 series.

13 COMPTROLLER MILLIGAN: Move Item 4.

14 TREASURER NELSON: And second.

15 GOVERNOR CHILES: Moved and seconded.

16 Without objection, Item 4 is adopted.

17 MR. HERNDON: Item number 5 is reports by

18 the Executive Director of the Investment

19 Performance and Fund Balance Analysis for the

20 month of August 1998.

21 TREASURER NELSON: And before I move that,

22 I'd like to ask, Governor, if I might, give us

23 an update on where we are and what the outlook

24 appears to be.

25 MR. HERNDON: For the balance of the Fund?

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 13, 1998

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1 TREASURER NELSON: Yes, sir.

2 MR. HERNDON: Okay.

3 Well, as you know, performance for the last

4 several years has been very strong.

5 Unfortunately the equity market in particular,

6 and the international equity market in addition,

7 have both experienced substantial correction in

8 the period from July 17th, which was the peak of

9 the high in the U.S. equity market until today.

10 At the close of business on Friday, the

11 market had -- fell, depending on the index that

12 you like to use, whether it's the Dow Jones

13 industrial average, or the S&P 500, or our own

14 particular benchmark, anywhere from

15 twelve-and-a-half to 13 percent, to something on

16 the order of 17 percent in the U.S. equity

17 market.

18 Internationally, of course, equity markets

19 have suffered an even more substantial decrease,

20 at some points, as much as 30 percent in some of

21 the emerging markets.

22 We haven't been immune to those losses.

23 And the portfolio of the Board has decreased in

24 value approximately 12.73 percent. Now, that's

25 in contrast to the Dow Jones industrial average,

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 13, 1998

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1 for example, which lost 15.4 percent; or the

2 S&P 500, which lost 17 percent.

3 But, as you know, we're a very diversified

4 fund, so we have our own tailored benchmark

5 against which we measure performance. And that

6 benchmark is a weighted average, if you will, of

7 the other benchmarks, and -- so in that regard,

8 looking at our own specific performance index,

9 we have suffered less than our performance index

10 would have led you to believe.

11 For example, our total fund benchmark

12 return fell by 12.95 percent. We fell by

13 12.73 percent. It's a fairly small difference,

14 22 basis points. But that's very significant on

15 a fund our size.

16 And that's one of those unfortunate

17 situations where we've all suffered from the

18 market correction, but we've suffered less than

19 our benchmark would have led you to believe.

20 We are optimistic about the market in the

21 long run. As you know, Commissioner, we're

22 long-term investors. We're here for the long

23 pull.

24 And, in fact, over the course of the last

25 three months, we have been employing the

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 13, 1998

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1 discipline that the Board has adopted for us by

2 rebalancing against our various benchmarks. We

3 have been taking advantage of a very substantial

4 market on the bond side, on the fixed income

5 side, and have moved monies out of the bond

6 market to try and capture what we believe is

7 that long-term incremental gain in the equity

8 market.

9 And we've seen, coincidentally, frankly,

10 some very nice results as a consequence of those

11 rebalancings. But, again, we're here for many,

12 many years, and we anticipate that that will

13 serve us well.

14 TREASURER NELSON: Thank you.

15 GOVERNOR CHILES: Thank you, sir.

16 MR. HERNDON: Governor, if I might --

17 GOVERNOR CHILES: Do you so move?

18 TREASURER NELSON: Move it.

19 GOVERNOR CHILES: It's moved.

20 COMPTROLLER MILLIGAN: Second.

21 MR. HERNDON: Governor --

22 GOVERNOR CHILES: And seconded.

23 Without objection, it's adopted.

24 Yes, sir.

25 MR. HERNDON: With your leave, I might add

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 13, 1998

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1 just a couple of comments to -- as a postscript

2 to my comments last meeting about the Cat Fund

3 and our --

4 GOVERNOR CHILES: Yes, sir.

5 MR. HERNDON: -- anticipated experience as

6 a result of Hurricane Georges.

7 We hope to have by the end of this week the

8 first preliminary claim information from the

9 various companies writing property and casualty

10 insurance in the state. As a matter of fact,

11 the first preliminary estimates are due on

12 October 15th.

13 And those are still preliminary, and we

14 anticipate that there will be some last minute

15 revisions.

16 But as it looks right now, there appears to

17 be a small chance that we will have some

18 disbursements out of the Cat Fund for a few

19 companies. We're -- we're not absolutely

20 certain, and we won't be absolutely certain

21 until December 31st when we get the final

22 figures in, which is when the companies are

23 required to report to us. But we don't

24 anticipate more than a few million dollars.

25 As you recall, even in Erin and Opal, which

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 13, 1998

11

1 had cumulatively less damage in some regards,

2 the Cat Fund did have to disburse a few million

3 dollars for both of those storms.

4 So we're optimistic, the Cat Fund is

5 sitting on two-and-a-half billion dollars worth

6 of cash. Of course, it's all invested. But we

7 do anticipate that there may be a slight

8 disbursement out of that fund.

9 And as soon as we get that information on

10 the 15th, we -- it'll take us a few days to

11 digest what we get, and then we'll get a report

12 to each of you as to what the preliminary

13 numbers forecast are.

14 GOVERNOR CHILES: Thank you, sir.

15 MR. HERNDON: Thank you.

16 (The State Board of Administration Agenda

17 was concluded.)

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ACCURATE STENOTYPE REPORTERS, INC.

DIVISION OF BOND FINANCE

October 13, 1998

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1 GOVERNOR CHILES: Division of

2 Bond Finance.

3 COMPTROLLER MILLIGAN: Hello, Ben.

4 MR. WATKINS: Item number 1 is approval of

5 the minutes of the September --

6 COMMISSIONER BROGAN: Move the minutes.

7 MR. WATKINS: -- 23rd meeting.

8 SECRETARY MORTHAM: Second.

9 GOVERNOR CHILES: Moved and seconded.

10 Without objection, minutes are approved.

11 MR. WATKINS: Item number 2 is a report of

12 award on the competitive sale of two hundred and

13 twenty million three hundred seventy thousand

14 dollars of PECO refunding bonds.

15 COMMISSIONER BROGAN: Move approval.

16 COMPTROLLER MILLIGAN: Second.

17 SECRETARY MORTHAM: Second.

18 GOVERNOR CHILES: Moved and seconded.

19 Without objection, it's approved.

20 MR. WATKINS: Item number 3 is a report of

21 award of the -- on the competitive sale of

22 forty-five million six hundred eighty thousand

23 dollars of Florida facilities pool revenue

24 bonds.

25 COMMISSIONER BROGAN: Move the item.

ACCURATE STENOTYPE REPORTERS, INC.

DIVISION OF BOND FINANCE

October 13, 1998

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1 SECRETARY MORTHAM: Second.

2 GOVERNOR CHILES: Moved and seconded.

3 Without objection, it's approved.

4 MR. WATKINS: Item number 4 is adoption of

5 a resolution authorizing the redemption prior to

6 maturity of State of Florida Madison County road

7 bonds.

8 COMMISSIONER BROGAN: I'll move the

9 adoption of the resolution.

10 SECRETARY MORTHAM: Second.

11 GOVERNOR CHILES: Moved and seconded.

12 Without objection, Item 4 is approved.

13 MR. WATKINS: Thank you.

14 GOVERNOR CHILES: Thank you, sir.

15 (The Division of Bond Finance Agenda was

16 concluded.)

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ACCURATE STENOTYPE REPORTERS, INC.

FINANCIAL MANAGEMENT INFORMATION BOARD

October 13, 1998

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1 GOVERNOR CHILES: Financial Management

2 Information Board.

3 MR. YOUNG: Item 1 is the approval of the

4 minutes for June 9th, 1998, meeting.

5 COMPTROLLER MILLIGAN: Move the minutes.

6 SECRETARY MORTHAM: Second.

7 GOVERNOR CHILES: Moved and seconded.

8 Without objection, the minutes are

9 approved.

10 MR. YOUNG: Item 2 is -- of the FFMIS

11 Strategic Plan.

12 TREASURER NELSON: Move it.

13 COMPTROLLER MILLIGAN: And second.

14 GOVERNOR CHILES: Moved and seconded.

15 Without objection, Item 2 is approved.

16 MR. YOUNG: That concludes the agenda.

17 Thank you.

18 GOVERNOR CHILES: Thank you, sir.

19 (The Financial Management Information Board

20 Agenda was concluded.)

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ACCURATE STENOTYPE REPORTERS, INC.

ADMINISTRATION COMMISSION

October 13, 1998

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1 GOVERNOR CHILES:

2 Administration Commission.

3 DR. BRADLEY: Item number 1, recommend

4 approval of the minutes for the meeting --

5 COMMISSIONER BROGAN: Move the minutes.

6 DR. BRADLEY: -- held September --

7 GOVERNOR CHILES: Moved and --

8 DR. BRADLEY: -- 23rd --

9 GOVERNOR CHILES: -- seconded.

10 Is there a second?

11 SECRETARY MORTHAM: Second.

12 GOVERNOR CHILES: Second.

13 Without objection, it's approved.

14 DR. BRADLEY: Item number 2 is recommend

15 approval of the transfer of general revenue

16 appropriations for the Department of Children

17 and Families.

18 COMMISSIONER BROGAN: Move the item.

19 SECRETARY MORTHAM: Second.

20 GOVERNOR CHILES: Moved and seconded.

21 Without objection, that's approved.

22 DR. BRADLEY: Item number 3, recommend

23 approval of the transfer of general revenue

24 appropriations for the Florida Game and Fresh

25 Water Fish Commission.

ACCURATE STENOTYPE REPORTERS, INC.

ADMINISTRATION COMMISSION

October 13, 1998

16

1 SECRETARY MORTHAM: Move it.

2 COMMISSIONER BROGAN: Second.

3 GOVERNOR CHILES: Moved and seconded.

4 Without objection, that's approved.

5 DR. BRADLEY: Item number 4 is recommend

6 approval of the transfer of general revenue

7 appropriations in the Department of

8 Juvenile Justice.

9 SECRETARY MORTHAM: Move it.

10 COMMISSIONER BROGAN: Second.

11 GOVERNOR CHILES: Moved and seconded.

12 Without objection, that's approved.

13 DR. BRADLEY: Item number 5, recommend

14 approval of the transfer of general revenue

15 appropriations for the Department of State.

16 SECRETARY MORTHAM: Move it.

17 COMMISSIONER BROGAN: Second.

18 GOVERNOR CHILES: Moved and seconded.

19 Without objection, Item 5 is approved.

20 DR. BRADLEY: Item number 6, recommend

21 approval of the transfer of general revenue

22 appropriations for the Department of Legal

23 Affairs.

24 SECRETARY MORTHAM: Move it.

25 COMMISSIONER BROGAN: Move approval.

ACCURATE STENOTYPE REPORTERS, INC.

ADMINISTRATION COMMISSION

October 13, 1998

17

1 GOVERNOR CHILES: Moved and seconded.

2 Without objection, Item 6 is approved.

3 DR. BRADLEY: That concludes the agenda.

4 GOVERNOR CHILES: Thank you, sir.

5 (The Administration Commission Agenda was

6 concluded.)

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ACCURATE STENOTYPE REPORTERS, INC.

MARINE FISHERIES COMMISSION

October 13, 1998

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1 GOVERNOR CHILES: Marine Fisheries

2 Commission.

3 DR. NELSON: Good morning.

4 Item A on the agenda is a bait fish

5 permitting rule for the Florida Keys Marine

6 Sanctuary.

7 COMMISSIONER BROGAN: Move approval.

8 SECRETARY MORTHAM: Second.

9 GOVERNOR CHILES: Moved and seconded.

10 Without objection, it's approved.

11 DR. NELSON: Item B is a rule conforming to

12 the Federal recreational season closure for

13 red snapper in the Gulf of Mexico.

14 SECRETARY MORTHAM: Move approval.

15 COMMISSIONER BROGAN: Second.

16 GOVERNOR CHILES: Moved and seconded.

17 Without objection, its approved.

18 DR. NELSON: Item C is a revision to the

19 tarpon tag rule.

20 SECRETARY MORTHAM: Move approval.

21 COMMISSIONER BROGAN: Second.

22 GOVERNOR CHILES: Moved and seconded.

23 Without objection, Item C is approved.

24 DR. NELSON: Item D is an extension of the

25 southeast Florida seasonal shrimp trawl closure.

ACCURATE STENOTYPE REPORTERS, INC.

MARINE FISHERIES COMMISSION

October 13, 1998

19

1 SECRETARY MORTHAM: Move approval.

2 ATTORNEY GENERAL BUTTERWORTH: Second.

3 GOVERNOR CHILES: Moved and seconded.

4 Without objection, Item D is approved.

5 DR. NELSON: And Item E is a revision to

6 the mullet regulations instituting restricted

7 species status for mullet in the panhandle

8 region.

9 SECRETARY MORTHAM: Move approval.

10 COMMISSIONER BROGAN: Second.

11 GOVERNOR CHILES: Moved and seconded.

12 Without objection, the item is approved.

13 DR. NELSON: Thank you.

14 GOVERNOR CHILES: Thank you, sir.

15 (The Marine Fisheries Commission Agenda was

16 concluded.)

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ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 13, 1998

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1 GOVERNOR CHILES: Board of Trustees.

2 MS. WETHERELL: Item 1 is an option

3 agreement for Belle Meade CARL project and a

4 waiver of survey.

5 COMMISSIONER BROGAN: Move approval.

6 SECRETARY MORTHAM: Second.

7 GOVERNOR CHILES: Moved and seconded.

8 Without objection, Item 1 is approved.

9 MS. WETHERELL: Item 2, three purchase

10 agreements for Cayo Costa CARL project and a

11 waiver of survey.

12 COMMISSIONER BROGAN: Move approval.

13 SECRETARY MORTHAM: Second.

14 GOVERNOR CHILES: Moved and seconded.

15 Without objection, Item 2 is approved.

16 MS. WETHERELL: Item 3 is an option

17 agreement for Dade County Archipelago project.

18 COMMISSIONER BROGAN: Move approval.

19 COMPTROLLER MILLIGAN: Second.

20 GOVERNOR CHILES: Moved and seconded.

21 Without objection, Item 3 is approved.

22 MS. WETHERELL: Substitute Item 4, eight

23 option/purchase agreements for

24 Corkscrew Ecosystem CARL project.

25 COMMISSIONER BROGAN: Move the item.

ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 13, 1998

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1 SECRETARY MORTHAM: Second.

2 COMPTROLLER MILLIGAN: Second.

3 GOVERNOR CHILES: Moved and seconded.

4 Without objection, Item 4 is approved.

5 MS. WETHERELL: Item 5, an option agreement

6 for Shell Island Recreation and Parks Addition

7 and a waiver of survey.

8 COMMISSIONER BROGAN: Move approval.

9 SECRETARY MORTHAM: Second.

10 GOVERNOR CHILES: Moved and seconded.

11 Without objection, Item 5 is approved.

12 MS. WETHERELL: Item 6 is an option

13 agreement for Tomoka River Recreation and Parks

14 Addition and a waiver of survey.

15 SECRETARY MORTHAM: Move approval.

16 COMMISSIONER BROGAN: Second.

17 GOVERNOR CHILES: Moved and seconded.

18 Without objection, Item 6 is approved.

19 MS. WETHERELL: Item 7 is a purchase

20 agreement for Cape Romano Barrier Island project

21 and a waiver of survey.

22 COMMISSIONER BROGAN: Move approval.

23 ATTORNEY GENERAL BUTTERWORTH: Second.

24 GOVERNOR CHILES: Moved and seconded.

25 Without objection, Item 7 is approved.

ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 13, 1998

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1 MS. WETHERELL: Item 8 is a purchase

2 agreement for the Department of Transportation.

3 ATTORNEY GENERAL BUTTERWORTH: Motion.

4 SECRETARY MORTHAM: Move approval.

5 ATTORNEY GENERAL BUTTERWORTH: Second.

6 GOVERNOR CHILES: Moved and seconded.

7 Without objection, it's approved.

8 MS. WETHERELL: Item 9 is modification of a

9 sovereign submerged land lease.

10 ATTORNEY GENERAL BUTTERWORTH: Governor, I

11 have a comment here if I can, first.

12 GOVERNOR CHILES: Yes, sir.

13 ATTORNEY GENERAL BUTTERWORTH: It's my

14 understanding that the applicant for this SSL

15 lease extension is a subsidiary of Avatar,

16 Incorporated, with whom we are doing a purchase

17 agreement on a following agenda item,

18 Number 10.

19 The applicant has -- the applicant has

20 inserted a clause into the Golden Gate purchase

21 agreement requiring the Board of Trustees to

22 grant their application to this extended lease

23 as a condition precedent to the acquisition of

24 their property.

25 I do not believe it is in the best interest

ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 13, 1998

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1 of the public to address both these issues as

2 connected to one another.

3 I believe the Governor and the Cabinet

4 should vote on these items independently, and on

5 their own merit. I personally believe that both

6 of them stand on their own merit, and should be

7 able to be handled that way.

8 Therefore, Governor, I would request that

9 we TP Item 9, take up Item 10.

10 In the Item 10 issue, I will then move to

11 strike the condition precedent language from the

12 Golden Gate purchase agreement, then we can go

13 back to -- to Item Number 9.

14 GOVERNOR CHILES: All right. Without

15 objection, we'll take up Item 10.

16 MS. WETHERELL: All right. Substitute

17 Item 10 is a purchase agreement for Save Our

18 Everglades CARL project and a waiver of survey.

19 SECRETARY MORTHAM: Move approval.

20 ATTORNEY GENERAL BUTTERWORTH: Second.

21 COMMISSIONER CRAWFORD: Second.

22 GOVERNOR CHILES: Moved and seconded.

23 ATTORNEY GENERAL BUTTERWORTH: I would like

24 amen--

25 GOVERNOR CHILES: With your amendment --

ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 13, 1998

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1 ATTORNEY GENERAL BUTTERWORTH: I --

2 GOVERNOR CHILES: -- to strike --

3 ATTORNEY GENERAL BUTTERWORTH: Is that

4 motion with my amendment then, Governor?

5 GOVERNOR CHILES: Yes, sir.

6 ATTORNEY GENERAL BUTTERWORTH: Okay.

7 GOVERNOR CHILES: With --

8 MS. WETHERELL: And we --

9 GOVERNOR CHILES: -- your amendment.

10 MS. WETHERELL: -- we do have one speaker,

11 David Guggenheim from the Conservancy of

12 Southwest Florida traveled up here and wants to

13 speak briefly to you --

14 GOVERNOR CHILES: All right.

15 MS. WETHERELL: -- on this item.

16 MR. GUGGENHEIM: Good morning.

17 For the record, my name is

18 David Guggenheim. I'm President and CEO of the

19 Conservancy of Southwest Florida based in

20 Naples. We are southwest Florida's leading

21 conservation organization, now in its 35th year.

22 We have -- I am speaking on behalf of our

23 5500 members, and 675 volunteers.

24 I'm also the Florida Cochair of the

25 Everglades Coalition.

ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 13, 1998

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1 We respectfully urge you to approve the

2 State's purchase of the environmentally

3 sensitive lands in South Golden Gate Estates

4 from Avatar Properties.

5 This purchase agreement is the culmination

6 of more than a year-and-a-half of negotiations,

7 and will bring public ownership of

8 South Golden Gate Estates up to nearly

9 75 percent, a dramatic step forward for this

10 project.

11 Without the Avatar acquisition, the

12 restoration of South Golden Gate Estates cannot,

13 and will not, succeed.

14 It is important that you understand just

15 how important this restoration is to the

16 citizens of southwest Florida, and all

17 Floridians, who will benefit tremendously when

18 South Golden Gate Estates becomes a permanently

19 protected environmental and recreational

20 resource, Picayune Strand State Forest.

21 South Golden Gate Estates connects

22 Big Cypress National Preserve and the

23 Fakahatchee Strand to the Ten Thousand Islands

24 National Wildlife Refuge. This acquisition will

25 allow historic water flows to be restored,

ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 13, 1998

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1 helping wildlife, plant, and nearshore species

2 to recover.

3 On each day that passes without this

4 restoration, more than 400 million gallons of

5 freshwater, which once made its way gradually as

6 sheet flow over South Golden Gate Estates, is

7 diverted to the Faka Union Canal, inundating

8 parts of the Ten Thousand Islands with too much

9 freshwater, while other parts are starved for

10 too little freshwater.

11 This has had a devastating impact on the

12 local estuarine environments.

13 As Secretary Wetherell completes this, her

14 last Cabinet meeting, I think she can be very

15 proud of the new life she gave to the

16 South Golden Gate Estates project. And -- and

17 for that, we are very, very grateful.

18 We owe thanks to Secretary Wetherell,

19 Kirby Green, Pete Mallison, Ed Kuester,

20 Mike Ashey, and the others who have really

21 given this project focus and a businesslike

22 approach.

23 They have earned tremendous respect and

24 support from local leaders, including local

25 government leaders, in southwest Florida by

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1 putting this program on track, demonstrating

2 results, and restoring confidence in government

3 to get the job done.

4 I have letters, and I hope you have

5 received copies of these letters from various

6 government representatives in southwest Florida,

7 including Chairman Berry of the Collier County

8 Commission; Commissioner Ray Judah from the

9 Lee County Commission; Representative-Elect

10 Dudley Goodlette; and Senator-Elect,

11 Burt Saunders, all speaking in favor of -- of

12 this acquisition.

13 I believe you've also received upwards of

14 200 phone calls, and between 50 and 100 faxes

15 and letters on this item from citizens of

16 southwest Florida responding to -- to some media

17 coverage of this -- of this decision, and

18 expressing their support of this -- of this

19 purchase.

20 As we speak, Vice President Gore is in

21 West Palm Beach at the South Florida Water

22 Management District headquarters announcing the

23 release of the central and south Florida

24 restudy, the master plan for the restoration of

25 the Everglades, the largest environmental

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1 restoration ever attempted in the history of

2 civilization.

3 In southwest Florida, now the fastest

4 growing part of this state, and one of the

5 fastest growing parts of the country, we are

6 desperate to protect and preserve and restore

7 our fragile corner of the Everglades ecosystem,

8 and not to repeat the mistakes that were made on

9 Florida's east coast.

10 Restoration of South Golden Gate Estates is

11 essential to ensure that we stay the course.

12 On behalf of our members and our beloved

13 Everglades, I again urge you to approve this

14 acquisition. I thank you for the opportunity to

15 speak, and for your consideration.

16 GOVERNOR CHILES: Thank you, sir.

17 All right. It's been moved and seconded as

18 amended.

19 Is there objection?

20 Without objection, Item 10 is approved.

21 Now we'll take up Item 9.

22 MS. WETHERELL: Uh-hum.

23 Item 9 is a modification of a sovereign

24 submerged land lease.

25 GOVERNOR CHILES: Yes, sir.

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1 ATTORNEY GENERAL BUTTERWORTH: Motion.

2 GOVERNOR CHILES: It's been --

3 COMMISSIONER BROGAN: Second.

4 GOVERNOR CHILES: -- moved --

5 COMMISSIONER BROGAN: Second.

6 GOVERNOR CHILES: -- seconded.

7 Without objection, Item 9 is approved.

8 MS. WETHERELL: Item 11 is -- we're

9 recommending rejection of a surplus land sale

10 bid. And I was just told that the bidder has --

11 has come today. And I don't know whether he

12 wishes to speak or not. But Wendell Prevatt is

13 here, if he does wish to speak.

14 (Attorney General Butterworth exited the

15 room.)

16 MR. PREVATT: Thank you.

17 MS. WETHERELL: Sure.

18 MR. PREVATT: I would just like to say,

19 Mr. -- Governor, and Cabinet, that I have done

20 some thorough investigation on the land. I'm

21 not sure that you have had a chance to see a

22 report on it. And I thought that maybe I could

23 bring something to mind that may have some

24 influence on your decision as to whether to

25 accept or reject my bid.

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1 As -- as we speak, the land is in a

2 moratorium in Duval County. It is presently

3 zoned RR, which is --

4 (Attorney General Butterworth entered the

5 room.)

6 MR. PREVATT: -- 1 acre per residence.

7 If you could utilize the land, you could

8 get five lots out of it. The only problem with

9 that, the moratorium is on concurrency and

10 infrastructure, which would take a

11 mile-and-a-half of four-lane road to bring it

12 up-to-date.

13 So my bid was just really a bid not based

14 on the actual value, but on a -- on a bid that

15 was what could you tie up for an indefinite

16 period of time waiting for something to happen

17 to a piece of land.

18 It is impossible to do anything with the

19 land now. It's not even economical if it --

20 to -- to try to build anything on it. And if

21 ever down the way, other than one home site, you

22 would have to put in the roads and the water and

23 the sewer. And the shape of the property is

24 such that you could at that time only procure

25 some three to five lots in a neighborhood where

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1 the surrounding houses are selling from a

2 hundred and fifteen to a hundred and

3 twenty-five thousand dollars.

4 Thank you.

5 GOVERNOR CHILES: Thank you, sir.

6 The staff recommends that the bid be

7 rejected.

8 MS. WETHERELL: Yes, sir.

9 GOVERNOR CHILES: All right.

10 ATTORNEY GENERAL BUTTERWORTH: Move staff

11 recommendation.

12 GOVERNOR CHILES: Staff recommendation is

13 moved.

14 COMPTROLLER MILLIGAN: Second.

15 GOVERNOR CHILES: Second.

16 Without objection, staff recommendation is

17 accepted.

18 MS. WETHERELL: Item 12, we're recommending

19 approval of a grazing lease.

20 ATTORNEY GENERAL BUTTERWORTH: Governor, I

21 have a question. I mean, knowing now where --

22 we've been here a very a long time today, and

23 it's been a very drawn out meeting. I don't

24 want to make it any longer.

25 I -- my only concern is: How much did the

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1 appraisal cost?

2 MS. WETHERELL: I'll have to ask my staff

3 what it cost.

4 John or Pete?

5 MR. MALLISON: A thousand dollars.

6 MS. WETHERELL: A thousand dollars.

7 ATTORNEY GENERAL BUTTERWORTH: And how much

8 money are we going to be recouping from this?

9 MS. WETHERELL: $300 a year.

10 ATTORNEY GENERAL BUTTERWORTH: For how

11 long?

12 MS. WETHERELL: Well, it's a six-year

13 grazing lease.

14 ATTORNEY GENERAL BUTTERWORTH: Yeah.

15 That's -- I guess the only person that made

16 out was the appraiser -- was the appraiser. We

17 should have given it to him for the price of the

18 appraiser, you know.

19 MS. WETHERELL: I know it.

20 ATTORNEY GENERAL BUTTERWORTH: That's my

21 only comment. I don't have any objection to it,

22 but I just --

23 COMPTROLLER MILLIGAN: That is $300 an

24 acre, right?

25 MS. WETHERELL: It's $300 for the -- for

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1 the grazing lease.

2 ATTORNEY GENERAL BUTTERWORTH: For all

3 33 acres, $3 an acre. I'm sorry. It's $10 an

4 acre -- $9 an acre.

5 COMPTROLLER MILLIGAN: That makes more

6 sense.

7 SECRETARY MORTHAM: Move approval.

8 COMPTROLLER MILLIGAN: Second.

9 ATTORNEY GENERAL BUTTERWORTH: Second.

10 But can we at least --

11 GOVERNOR CHILES: Moved and seconded.

12 Without objection, it's approved.

13 ATTORNEY GENERAL BUTTERWORTH: We need

14 approval -- we need a rule or something to

15 basically say for common sense purposes, if the

16 appraisal is going to cost almost as much as

17 what we're getting, maybe it's not worth

18 appraising it, but just going out there and --

19 and let it go on open market and let somebody

20 bid on it.

21 MS. WETHERELL: Yes, sir. I understand

22 your point. And I think, you know, it's -- the

23 cost of the appraisal, if -- if we have an idea

24 of what the -- the grazing lease, or any lease

25 is going for, then that certainly should be a

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1 consideration.

2 GOVERNOR CHILES: General, government don't

3 work. I told you that a long time ago.

4 ATTORNEY GENERAL BUTTERWORTH: Thank you,

5 Governor. I really think --

6 GOVERNOR CHILES: Item 13.

7 ATTORNEY GENERAL BUTTERWORTH: I keep

8 trying here. I --

9 COMPTROLLER MILLIGAN: It's a good idea

10 though.

11 GOVERNOR CHILES: Uh-hum.

12 MS. WETHERELL: Item 13 -- Item 13 is a

13 sovereign submerged land lease, a public

14 easement, severance, and a waiver of lease fees

15 for the Jacksonville Port Authority.

16 SECRETARY MORTHAM: Move --

17 ATTORNEY GENERAL BUTTERWORTH: Motion.

18 SECRETARY MORTHAM: -- approval.

19 ATTORNEY GENERAL BUTTERWORTH: Second.

20 COMMISSIONER BROGAN: Second.

21 GOVERNOR CHILES: Moved and seconded.

22 Without objection, Item 13 is approved.

23 MS. WETHERELL: And that concludes our

24 agenda.

25 Thank you.

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1 TREASURER NELSON: Governor, I'd like to

2 just add my comments to those that have been

3 made about the distinguished public record and

4 public service of Ginger. And the record speaks

5 for itself.

6 GOVERNOR CHILES: Thank you, sir.

7 MS. WETHERELL: Thank y'all all very much.

8 GOVERNOR CHILES: Thank y'all.

9 MS. WETHERELL: I do appreciate it.

10 (The Cabinet meeting was concluded at

11 10:48 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 35 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 27TH day of OCTOBER, 1998.

17

18

19 LAURIE L. GILBERT, RPR, CCR, CRR

100 Salem Court

20 Tallahassee, Florida 32301

850/878-2221

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