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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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CHIEF INSPECTOR GENERAL'S REPORT

7 STATE BOARD OF ADMINISTRATION

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

8 DEPARTMENT OF LAW ENFORCEMENT

DEPARTMENT OF REVENUE

9 STATE BOARD OF EDUCATION

ADMINISTRATION COMMISSION

10 BOARD OF TRUSTEES, INTERNAL IMPROVEMENT TRUST FUND

11

The above agencies came to be heard before

12 THE FLORIDA CABINET, Honorable Governor Chiles

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

13 The Capitol, Tallahassee, Florida, on Tuesday,

October 27, 1998, commencing at approximately

14 9:46 a.m.

15

16 Reported by:

17 LAURIE L. GILBERT

Registered Professional Reporter

18 Certified Court Reporter

Certified Realtime Reporter

19 Notary Public in and for

the State of Florida at Large

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23 ACCURATE STENOTYPE REPORTERS, INC.

100 SALEM COURT

24 TALLAHASSEE, FLORIDA 32301

850/878-2221

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2

1 APPEARANCES:,

2 Representing the Florida Cabinet:

3 LAWTON CHILES

Governor

4

BOB CRAWFORD

5 Commissioner of Agriculture

6 BOB MILLIGAN

Comptroller

7

SANDRA B. MORTHAM

8 Secretary of State

9 BOB BUTTERWORTH

Attorney General

10

BILL NELSON

11 Treasurer

12 FRANK T. BROGAN

Commissioner of Education

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ACCURATE STENOTYPE REPORTERS, INC.

October 27, 1998

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1 I N D E X

2 ITEM ACTION PAGE

3 CHIEF INSPECTOR GENERAL'S REPORT:

(Presented by Francis Marvin Doyal,

4 Chief Inspector General)

5 6

6 STATE BOARD OF ADMINISTRATION:

(Presented by Tom Herndon,

7 Executive Director)

8 1(A) Approved 8

1(B) Approved 9

9 2 Withdrawn 9

3 Approved 9

10 4 Approved 9

5 Approved 10

11 6 Deferred 10

7(A) Approved No Action

12 7(B) Deferred 10

13 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES:

(Presented by Fred O. Dickinson, III,

14 Executive Director)

15 1 Approved 13

2 Approved 13

16 3 Approved 14

17 DEPARTMENT OF LAW ENFORCEMENT:

(Presented by James T. Moore,

18 Executive Director)

19 1 Approved 15

2 Approved 15

20 3 Approved 16

4 Approved 16

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ACCURATE STENOTYPE REPORTERS, INC.

October 27, 1998

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1 I N D E X

(Continued)

2

ITEM ACTION PAGE

3

DEPARTMENT OF REVENUE:

4 (Presented by L.H. Fuchs,

Executive Director)

5

1 Approved 17

6 2 Approved 17

3 Approved 17

7 4 Approved 18

5 Approved 18

8

STATE BOARD OF EDUCATION:

9 (Presented by Wayne V. Pierson,

Deputy Commissioner)

10

1 Approved 19

11 2 Withdrawn 20

3 Withdrawn 20

12 4 Withdrawn 20

5 Approved 20

13 6 Approved 20

7 Approved 21

14 8 Approved 21

15 ADMINISTRATION COMMISSION:

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

16 Secretary)

17 1 Approved 22

2 Approved 22

18 3 Approved 23

4 Approved 23

19 5 Approved 23

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ACCURATE STENOTYPE REPORTERS, INC.

October 27, 1998

5

1 I N D E X

(Continued)

2

ITEM ACTION PAGE

3

BOARD OF TRUSTEES OF THE

4 INTERNAL IMPROVEMENT

TRUST FUND:

5 (Presented by Kirby B. Green, III,

Deputy Secretary)

6

1 Approved 24

7 2 Approved 24

3 Approved 24

8 4 Approved 25

5 Approved 25

9 6 Approved 25

7 Approved 25

10 8 Approved 26

9 Deferred 26

11 Substitute 10 Withdrawn 28

Substitute 11 Deferred 28

12

13 CERTIFICATE OF REPORTER 29

14 *

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ACCURATE STENOTYPE REPORTERS, INC.

CHIEF INSPECTOR GENERAL'S REPORT

October 27, 1998

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

2 (The agenda items commenced at 10:34 a.m.)

3 (Treasurer Nelson exited the room.)

4 GOVERNOR CHILES: We will now have a

5 Chief Inspector General's report on the

6 Department of Highway Safety and Motor

7 Vehicles.

8 If Marvin Doyal will come to the podium.

9 MR. DOYAL: Governor, members of the

10 Cabinet, at your March 10th, 1998, meeting, you

11 asked that my office look into how well the

12 Highway Safety had followed up on

13 recommendations made in a report prepared by the

14 Comptroller.

15 We've conducted our review of the seven

16 recommendations made in the report, and one

17 additional recommendation made by the

18 Comptroller during that March 10th meeting.

19 We found that the Department of Highways

20 has addressed each of the recommendations in the

21 Comptroller's report. However, in some of the

22 cases, there has not been sufficient time since

23 the implementation of the change to tell whether

24 or not that change has been institutionalized.

25 And the Cabinet -- you and the Cabinet may

ACCURATE STENOTYPE REPORTERS, INC.

CHIEF INSPECTOR GENERAL'S REPORT

October 27, 1998

7

1 well want to look at this again in another

2 six months.

3 That's the total of the report, sir.

4 GOVERNOR CHILES: All right. Any

5 questions?

6 COMPTROLLER MILLIGAN: Governor, if I

7 might. I appreciate the effort that the

8 Department has, in fact, put in to try to meet

9 the recommendations that were in that report.

10 And I think it would be appropriate to revisit

11 it in six months, so I would recommend that we

12 have a follow-up report in six months, and --

13 and then we can put this thing to bed.

14 GOVERNOR CHILES: All right. Without

15 objection, if you'll report back in six months.

16 MR. DOYAL: We will do.

17 Thank you very much, sir.

18 GOVERNOR CHILES: Thank you, sir.

19 (The Chief Inspector General's Report was

20 concluded.)

21 *

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ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 27, 1998

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1 GOVERNOR CHILES: Our next Cabinet meeting

2 will be November the 10th of 1998.

3 State Board of Administration.

4 MR. HERNDON: Item number 1(A) is approval

5 of the minutes of the meeting held on

6 October 13th, 1998.

7 COMPTROLLER MILLIGAN: Move Item 1(A).

8 ATTORNEY GENERAL BUTTERWORTH: You have to

9 second it, Governor.

10 GOVERNOR CHILES: Moved and seconded.

11 Without objection, minutes are approved as

12 read.

13 MR. HERNDON: And Item 1(B) is approval of

14 the readoption of the minutes of the meeting

15 held on October 13th, due to a correction of a

16 technical error in the amount that was

17 enumerated for the Florida Housing Finance

18 Corporation Revenue Bonds.

19 COMPTROLLER MILLIGAN: Move Item 1(B), a

20 technical correction.

21 (Treasurer Nelson entered the room.)

22 ATTORNEY GENERAL BUTTERWORTH: You have to

23 say second, Bill.

24 TREASURER NELSON: Second.

25 GOVERNOR CHILES: Seconded.

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 27, 1998

9

1 Without objection, it's approved.

2 MR. HERNDON: Item number 2 has been

3 withdrawn at the request of the company.

4 Item number 3 is approval of fiscal

5 determination of an amount not exceeding

6 eleven million two hundred and twenty thousand

7 dollar Florida Housing Finance Corporation

8 Revenue Bonds for the Stonebridge Landings

9 Apartment project.

10 COMPTROLLER MILLIGAN: Move Item 3.

11 TREASURER NELSON: Second.

12 GOVERNOR CHILES: Moved and seconded.

13 Without objection, Item 3 is approved as

14 read.

15 MR. HERNDON: Item number 4 is approval of

16 a fiscal determination for an amount not

17 exceeding fourteen million dollars for Florida

18 Housing Finance Corporation Madalyn Landing

19 Apartments project.

20 TREASURER NELSON: Move it.

21 COMPTROLLER MILLIGAN: Second.

22 GOVERNOR CHILES: Moved and seconded.

23 Without objection, Item 4 is approved.

24 MR. HERNDON: Item number 5 is approval of

25 a fiscal determination of an amount not

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 27, 1998

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1 exceeding five million five hundred thousand

2 dollar Florida Housing Finance Corporation

3 Revenue Bond for the South Pointe Apartments

4 project.

5 TREASURER NELSON: And I move that one.

6 COMPTROLLER MILLIGAN: And second it.

7 GOVERNOR CHILES: Moved and seconded.

8 Without objection, Item 5 is approved.

9 MR. HERNDON: Governor, with your leave,

10 and the Board's approval, we would like to

11 withdraw and bring back at the next agenda item,

12 Item 6 and Item 7(B). Both of them relate to

13 corporate governance. And we'll -- we'll come

14 back at the next agenda conference with those

15 two items.

16 COMPTROLLER MILLIGAN: Move deferral.

17 TREASURER NELSON: Second.

18 GOVERNOR CHILES: Moved and seconded.

19 Without objection, Items 6 and 7 are

20 withdrawn.

21 MR. HERNDON: And then Item 7(A) is the

22 monthly investment performance report and fund

23 balance analysis for the month of

24 September 1998.

25 TREASURER NELSON: So, Governor, if I

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 27, 1998

11

1 might, basically the -- the -- our portfolio has

2 gone up about three billion dollars just in the

3 last month.

4 MR. HERNDON: Yes, sir. As you know, the

5 market corrected, as we've all been long

6 awaiting, for the period of July 17th, which was

7 the peak, until around the first part of

8 September. And during that period of time, we

9 were trying to follow our disciplines as closely

10 as possible. And we have seen a rebound in the

11 market, and we've regained about half of what

12 we've lost in that correction. So we're very

13 pleased with the outcome.

14 TREASURER NELSON: Very good.

15 MR. HERNDON: And I -- and I might add,

16 just incidentally, I know that the Board is very

17 well aware, since we're the proverbial long-term

18 investors, we did rebalance during that period

19 of time, and moved some fixed income assets at

20 the height of the market for bonds into the U.S.

21 equity market.

22 And as a long-term investor, we expect that

23 that will pay off very handsomely for us down

24 the road. We've already seen a nice short-term

25 gain as a result of those moves. But it's the

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF ADMINISTRATION

October 27, 1998

12

1 long-term gain that we're really focusing on.

2 We think that was a very appropriate and

3 beneficial direction.

4 GOVERNOR CHILES: Thank you, sir.

5 MR. HERNDON: Thank you.

6 (The State Board of Administration Agenda

7 was concluded.)

8 *

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ACCURATE STENOTYPE REPORTERS, INC.

DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES

October 27, 1998

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1 GOVERNOR CHILES:

2 Department of Highway Safety.

3 MR. DICKINSON: Governor, Item 1 is

4 approval of minutes from the September 9th --

5 COMMISSIONER BROGAN: Move the minutes.

6 MR. DICKINSON: -- Cabinet meeting.

7 COMPTROLLER MILLIGAN: Second.

8 GOVERNOR CHILES: Moved and seconded.

9 Without objection, the minutes are approved

10 as read.

11 MR. DICKINSON: Item 2 is recommend

12 reappointment of two doctors to four-year terms

13 on our advisory board: Dr. Laurie Dozier, who

14 is the Chairman of the Board here in

15 Tallahassee; and Dr. Ricardo Ayala, neurologist

16 here in Tallahassee. Both are in good standing

17 with the FMA.

18 COMMISSIONER BROGAN: Move the item.

19 COMPTROLLER MILLIGAN: Second.

20 GOVERNOR CHILES: Moved and seconded.

21 Without objection, it's approved.

22 MR. DICKINSON: Item 3 is a submission of

23 Barry University license tag.

24 Governor, with -- with y'all's approval of

25 these tags, this is now in the eleventh year

ACCURATE STENOTYPE REPORTERS, INC.

DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES

October 27, 1998

14

1 we've given out -- or voluntarily donated by the

2 buyers of the tag -- almost a hundred and

3 thirty-eight million dollars to such causes as

4 our universities, panther research, the

5 Challenger effort with NASA, some other -- some

6 other great programs.

7 But Barry is the second private university

8 to come on board with the -- with their own

9 tag. We now have 40 tags, 40 specialty tags.

10 And we have five more that were approved last

11 legislative session that will be forthcoming in

12 the next couple of months.

13 COMMISSIONER BROGAN: Move the item,

14 Governor.

15 COMPTROLLER MILLIGAN: Second.

16 ATTORNEY GENERAL BUTTERWORTH: Second.

17 GOVERNOR CHILES: Moved and seconded.

18 Without objection, Item 3 is approved.

19 Thank you, sir.

20 MR. DICKINSON: Thank you, Governor,

21 Cabinet.

22 (The Department of Highway Safety and

23 Motor Vehicles Agenda was concluded.)

24 *

25

ACCURATE STENOTYPE REPORTERS, INC.

DEPARTMENT OF LAW ENFORCEMENT

October 27, 1998

15

1 GOVERNOR CHILES: Department of Law

2 Enforcement.

3 MR. MOORE: Governor, Item 1 is the minutes

4 of the July 28th meeting.

5 COMMISSIONER BROGAN: Move the minutes.

6 ATTORNEY GENERAL BUTTERWORTH: Second.

7 SECRETARY MORTHAM: Second.

8 GOVERNOR CHILES: Moved and seconded.

9 Without objection, the minutes are approved

10 as read.

11 MR. MOORE: Item 2 is the Department's

12 performance report for July through September of

13 1998.

14 SECRETARY MORTHAM: Move --

15 ATTORNEY GENERAL BUTTERWORTH: Motion.

16 SECRETARY MORTHAM: -- acceptance.

17 GOVERNOR CHILES: Moved and seconded.

18 Without objection, it's approved.

19 MR. MOORE: Item 3 is the report of the

20 operational audit of the Department for the

21 calendar year 1997, and the actions that we've

22 taken in regard to that audit.

23 COMMISSIONER BROGAN: Move the item.

24 SECRETARY MORTHAM: Second.

25 GOVERNOR CHILES: Moved and seconded.

ACCURATE STENOTYPE REPORTERS, INC.

DEPARTMENT OF LAW ENFORCEMENT

October 27, 1998

16

1 Without objection, it's approved.

2 MR. MOORE: The final item is request

3 permission to transmit the Department of Law

4 Enforcement's legislative budget request for

5 fiscal 99-2000.

6 ATTORNEY GENERAL BUTTERWORTH: Motion.

7 COMPTROLLER MILLIGAN: Move approval.

8 GOVERNOR CHILES: Moved and seconded.

9 Without objection, the request is made.

10 MR. MOORE: Thank you, Governor, Cabinet.

11 (The Department of Law Enforcement Agenda

12 was concluded.)

13 *

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ACCURATE STENOTYPE REPORTERS, INC.

DEPARTMENT OF REVENUE

October 27, 1998

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1 GOVERNOR CHILES: Department of Revenue.

2 MR. FUCHS: Good morning.

3 Item 1 is a request for approval of the

4 minutes of the September 29 -- excuse me -- 23rd

5 Cabinet meeting.

6 COMMISSIONER BROGAN: Move the minutes.

7 SECRETARY MORTHAM: Second.

8 GOVERNOR CHILES: Moved and seconded.

9 Without objection, it's approved.

10 MR. FUCHS: Items 2 and 3 were approved at

11 that meeting, but because of a timing glitch

12 with the APA notice, and my apologies, they need

13 to be passed again.

14 Would request approval.

15 COMMISSIONER BROGAN: Governor, I'll move

16 Items 2 and 3 now that they've been sufficiently

17 advertised.

18 SECRETARY MORTHAM: Second.

19 GOVERNOR CHILES: Items 2 and 3, without

20 objection are approved.

21 MR. FUCHS: Item 4 is a request for

22 approval of, and authority to enter into, a

23 contract with NationsBank for the electronic

24 funds transfer and electronic data interchange

25 services; NationsBank being the successor to

ACCURATE STENOTYPE REPORTERS, INC.

DEPARTMENT OF REVENUE

October 27, 1998

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1 Barnett, the entity that had the contract

2 previously.

3 SECRETARY MORTHAM: Move approval.

4 COMMISSIONER BROGAN: Second.

5 GOVERNOR CHILES: Moved and seconded.

6 Without objection, that's approved.

7 MR. FUCHS: Item 5 is a request for

8 approval of, and authority to enter into,

9 contracts between the Department of Revenue and

10 15 certified public accounting firms.

11 These contracts have been negotiated with

12 the private firms, and they will perform field

13 audits. The firms selected are those which

14 achieved the highest rankings from the Applicant

15 Ranking Committee. The amount of each contract

16 is up to -- or will not exceed $100,000.

17 SECRETARY MORTHAM: Move approval.

18 COMPTROLLER MILLIGAN: Second.

19 GOVERNOR CHILES: Moved and seconded.

20 Without objection, Item 5 is approved.

21 MR. FUCHS: Thank you.

22 GOVERNOR CHILES: Thank you, sir.

23 (The Department of Revenue Agenda was

24 concluded.)

25 *

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF EDUCATION

October 27, 1998

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1 GOVERNOR CHILES: State Board of

2 Education.

3 MR. PIERSON: Item 1, minutes of the

4 meeting held September 9th, 1998.

5 COMMISSIONER BROGAN: Move the minutes.

6 SECRETARY MORTHAM: Move approval.

7 GOVERNOR CHILES: Moved and seconded.

8 Without objection, the minutes are

9 approved.

10 MR. PIERSON: Items 2, 3, and 4 are rules

11 which we request to be withdrawn. Department of

12 Education, the Florida Association of Speech

13 Language Pathology and Audiology are still in

14 discussion on these amendments. Progress has

15 been made to date toward resolution, which in

16 all events will require some revision of the

17 proposed rule.

18 Withdrawing these rules will allow the

19 opportunity to incorporate any agreed changes

20 that may be developed through discussion with

21 FLASHA.

22 COMMISSIONER BROGAN: Governor, I'll move

23 withdrawal of Items 2, 3, and 4.

24 SECRETARY MORTHAM: Second.

25 GOVERNOR CHILES: Moved and seconded.

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF EDUCATION

October 27, 1998

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1 Without objection, Items 2, 3, and 4 are

2 withdrawn.

3 MR. PIERSON: Item 5 is a Florida School

4 for the Deaf and Blind Rule 6D-16.002, which is

5 an amendment to Human Resource Management

6 Development. It's a revision of their manual.

7 COMMISSIONER BROGAN: Move approval.

8 SECRETARY MORTHAM: Second.

9 GOVERNOR CHILES: Moved and seconded.

10 Without objection, Item 5 is approved.

11 MR. PIERSON: Item 6 is a repeal of rules

12 for the Florida School for the Deaf and Blind.

13 These are organizational rules which are no

14 longer required.

15 COMMISSIONER BROGAN: Move approval.

16 SECRETARY MORTHAM: Second.

17 GOVERNOR CHILES: Moved and seconded.

18 Without objection, Item 6 is approved.

19 MR. PIERSON: Item 7, appointments to the

20 Brevard County College Board of Trustees:

21 Robin L. Fisher and Malcolm R. Kirschenbaum,

22 both terms expiring May 31st, 2002.

23 COMMISSIONER BROGAN: Move the

24 appointments.

25 TREASURER NELSON: Second.

ACCURATE STENOTYPE REPORTERS, INC.

STATE BOARD OF EDUCATION

October 27, 1998

21

1 GOVERNOR CHILES: Moved and seconded.

2 Without objection, Item 7 is approved.

3 MR. PIERSON: Item 8, appointment to the

4 Postsecondary Education Planning Commission,

5 Brian W. Dassler, expiration date of term,

6 August 31st, 1999.

7 COMMISSIONER BROGAN: Move the appointment.

8 SECRETARY MORTHAM: Second.

9 GOVERNOR CHILES: Moved and seconded.

10 Without objection, the item is approved.

11 MR. PIERSON: Thank you.

12 (The State Board of Education Agenda was

13 concluded.)

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ACCURATE STENOTYPE REPORTERS, INC.

ADMINISTRATION COMMISSION

October 27, 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 held

5 October 13th, 1998.

6 SECRETARY MORTHAM: Move it.

7 COMMISSIONER BROGAN: Second.

8 GOVERNOR CHILES: Moved and seconded.

9 Without objection, the minutes are

10 approved.

11 DR. BRADLEY: Item number 2, recommend

12 approval of the transfer of general revenue

13 appropriations for the Department of Children

14 and Families.

15 SECRETARY MORTHAM: Move approval.

16 COMMISSIONER BROGAN: Second.

17 ATTORNEY GENERAL BUTTERWORTH: Second.

18 GOVERNOR CHILES: Moved and seconded.

19 Without objection, it's approved.

20 DR. BRADLEY: Item number 3, recommend

21 approval of the transfer of general revenue

22 appropriations for the Department of Community

23 Affairs.

24 SECRETARY MORTHAM: Move approval.

25 COMMISSIONER BROGAN: Second.

ACCURATE STENOTYPE REPORTERS, INC.

ADMINISTRATION COMMISSION

October 27, 1998

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1 GOVERNOR CHILES: Moved and seconded.

2 Without objection, Item 3 is approved.

3 DR. BRADLEY: Item number 4, recommend

4 approval of the transfer of general revenue

5 appropriations for the Department of Elder

6 Affairs.

7 SECRETARY MORTHAM: Move approval.

8 COMMISSIONER BROGAN: Second.

9 GOVERNOR CHILES: Moved and seconded.

10 Item 4 is approved without objection.

11 DR. BRADLEY: Item number 5, recommend

12 approval of the transfer of general revenue

13 appropriations for the Department of Management

14 Services.

15 SECRETARY MORTHAM: Move approval.

16 COMMISSIONER BROGAN: Second.

17 GOVERNOR CHILES: Moved and seconded.

18 Item 5 is approved without objection.

19 DR. BRADLEY: That concludes the agenda.

20 GOVERNOR CHILES: Thank you, sir.

21 (The Administration Commission Agenda was

22 concluded.)

23 *

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ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 27, 1998

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1 GOVERNOR CHILES: Board of Trustees.

2 MR. GREEN: Governor, Item 1's approval of

3 the minutes of the September 9th and 23rd

4 meeting.

5 COMMISSIONER BROGAN: Move the minutes.

6 SECRETARY MORTHAM: Second.

7 GOVERNOR CHILES: Moved and seconded.

8 Without objection, the minutes are

9 approved.

10 MR. GREEN: Item 2, option agreements in

11 the Wekiva-Ocala Greenway.

12 SECRETARY MORTHAM: Move approval.

13 COMMISSIONER BROGAN: Second.

14 GOVERNOR CHILES: Moved and seconded.

15 Without objection, Item 2 is approved.

16 MR. GREEN: Item 3, two option agreements

17 in the Lake Wales Ridge Ecosystem project.

18 COMPTROLLER MILLIGAN: Move approval.

19 COMMISSIONER BROGAN: Second.

20 GOVERNOR CHILES: Moved and seconded.

21 Without objection, they're approved.

22 MR. GREEN: Item 4, option agreements

23 within the Save Our Everglades CARL project.

24 SECRETARY MORTHAM: Move approval.

25 COMMISSIONER BROGAN: Second.

ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 27, 1998

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1 GOVERNOR CHILES: Moved and seconded.

2 Item 4 is approved without objection.

3 MR. GREEN: Item 5, option agreements in

4 the Fakahatchee Strand CARL project.

5 SECRETARY MORTHAM: Move approval.

6 COMMISSIONER BROGAN: Second.

7 GOVERNOR CHILES: Moved and seconded.

8 Without objection, Item 5 is approved.

9 MR. GREEN: Item 6, four option agreements

10 in the Florida Springs Coastal Greenways

11 project, and waiver of survey.

12 SECRETARY MORTHAM: Move approval.

13 COMMISSIONER BROGAN: Second.

14 GOVERNOR CHILES: Moved and seconded.

15 Without objection, the four items in

16 option 6 are approved.

17 MR. GREEN: Item 7, four option agreements

18 within the South Savannas project, and waiver of

19 survey.

20 SECRETARY MORTHAM: Move approval.

21 COMMISSIONER BROGAN: Second.

22 GOVERNOR CHILES: Move and seconded.

23 Without objection, the four objects in

24 Item 7 are approved.

25 MR. GREEN: Item 8, option agreements

ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 27, 1998

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1 within the Apalachicola River Wildlife and

2 Environmental Area by the Florida Game and Fish

3 Commission.

4 SECRETARY MORTHAM: Move approval.

5 COMMISSIONER BROGAN: Second.

6 GOVERNOR CHILES: Moved and seconded.

7 Without objection, Item 8 is approved.

8 MR. GREEN: Item 9, recommend deferral

9 until the November 10th meeting.

10 SECRETARY MORTHAM: Move deferral.

11 COMMISSIONER BROGAN: Second.

12 GOVERNOR CHILES: Moved and seconded.

13 Without objection, Item 9 deferred.

14 MR. GREEN: Substitute Item 10, recommend

15 withdrawal.

16 SECRETARY MORTHAM: Move withdrawal.

17 COMMISSIONER BROGAN: I'll second

18 withdrawal.

19 And, Governor, can I comment on this one,

20 please?

21 GOVERNOR CHILES: Moved and seconded.

22 Yes, sir.

23 COMMISSIONER BROGAN: The Department,

24 I think, is suggesting that we don't have the

25 authority for the aquatic preserve rule, and,

ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 27, 1998

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1 therefore, it should be repealed. I think

2 that's where we're kind of headed?

3 MR. GREEN: We're re-reviewing that. We

4 reviewed it under Chapter 258, which is the

5 aquatic preserve rule -- aquatic preserve

6 statute.

7 We're re-reviewing it under 253, where we

8 think we may have the authority to cross over,

9 especially in light of the Tomoka hearing that

10 was recently held.

11 So we're reevaluating whether or not we

12 have that authority or not.

13 We think that we may have under 253,

14 instead of 258.

15 COMMISSIONER BROGAN: Okay. Excellent.

16 I think the Tomoka ruling gives us a little

17 greater ability to rethink our position than we

18 had before. And --

19 MR. GREEN: Yes, sir.

20 COMMISSIONER BROGAN: -- I think the

21 Legislature was pretty clear on their intent for

22 this one.

23 I think -- we think we do have the ability

24 to do this, so --

25 MR. GREEN: That's why we're --

ACCURATE STENOTYPE REPORTERS, INC.

BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND

October 27, 1998

28

1 COMMISSIONER BROGAN: -- I appreciate --

2 MR. GREEN: -- looking at it.

3 COMMISSIONER BROGAN: -- it.

4 Thank you very much.

5 Thanks, Governor.

6 GOVERNOR CHILES: Yes, sir.

7 Without objection, the motion to withdraw

8 is made.

9 MR. GREEN: Substitute Item 11, deferral.

10 SECRETARY MORTHAM: Move deferral.

11 COMMISSIONER BROGAN: Second.

12 GOVERNOR CHILES: Moved and seconded.

13 Without objection, Item 11 is deferred.

14 MR. GREEN: That completes the agenda,

15 Governor.

16 (The Board of Trustees of the Internal

17 Improvement Trust Fund Agenda was concluded.)

18 *

19 (The Cabinet meeting was concluded at

20 10:48 a.m.)

21

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ACCURATE STENOTYPE REPORTERS, INC.

October 27, 1998

29

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 28 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 3RD day of NOVEMBER, 1998.

17

18

19 LAURIE L. GILBERT, RPR, CCR, CRR

100 Salem Court

20 Tallahassee, Florida 32301

850/878-2221

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ACCURATE STENOTYPE REPORTERS, INC.