|
T H E C A B I N E T
S T A T E O F F L O R I D A
Representing:
DIVISION OF BOND FINANCE
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DEPARTMENT OF REVENUE
STATE BOARD OF EDUCATION
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND
The above agencies came to be heard before
THE FLORIDA CABINET, Honorable Governor Bush
presiding, in the Cabinet Meeting Room, LL-03,
The Capitol, Tallahassee, Florida, on Tuesday,
November 23, 1999, commencing at approximately
9:16 a.m.
Reported by:
LAURIE L. GILBERT
Registered Professional Reporter
Certified Court Reporter
Certified Realtime Reporter
Registered Merit Reporter
Notary Public in and for
the State of Florida at Large
ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
TALLAHASSEE, FLORIDA 32301
850/878-2221
2
APPEARANCES:
Representing the Florida Cabinet:
JEB BUSH
Governor
BOB CRAWFORD
Commissioner of Agriculture
BOB MILLIGAN
Comptroller
KATHERINE HARRIS
Secretary of State
BOB BUTTERWORTH
Attorney General
BILL NELSON
Treasurer
TOM GALLAGHER
Commissioner of Education
* * *
ACCURATE STENOTYPE REPORTERS, INC.
3
November 23, 1999
I N D E X
ITEM ACTION PAGE
DIVISION OF BOND FINANCE:
(Presented by J. Ben Watkins, III,
Director)
1 Approved 5
2 Approved 5
3 Approved 22
4 Approved 22
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES:
(Presented by Fred O. Dickinson, III,
Executive Director)
1 Approved 24
2 Approved 26
3 Approved 33, 41
DEPARTMENT OF REVENUE:
(Presented by L.H. Fuchs,
Executive Director)
1 Approved 46
2 Approved 47
3 Approved 47
STATE BOARD OF EDUCATION:
(Presented by Wayne V. Pierson,
Deputy Commissioner)
1 Approved 49
2 Approved 68
3 Approved 68
4 Deferred 68
ACCURATE STENOTYPE REPORTERS, INC.
4
November 23, 1999
I N D E X
(Continued)
ITEM ACTION PAGE
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT
TRUST FUND:
(Presented David B. Struhs,
Secretary)
1 Approved 70
2 Deferred 71
3 Deferred 72
4 Approved 78
5 Approved 94
6 Deferred 94
CERTIFICATE OF REPORTER 95
* * *
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 5
November 23, 1999
1 P R O C E E D I N G S
2 (The agenda items commenced at 9:43 a.m.)
3 GOVERNOR BUSH: Division of Bond Finance.
4 Is there a motion on the minutes?
5 COMMISSIONER CRAWFORD: Motion.
6 GOVERNOR BUSH: Second?
7 COMPTROLLER MILLIGAN: Second.
8 GOVERNOR BUSH: Moved and seconded.
9 Without objection, it's approved.
10 Item 2.
11 MR. WATKINS: Item 2 is adoption of a
12 resolution authorizing the issuance of up to
13 seventy-five million three hundred thousand
14 dollars in capital outlay bonds for local
15 school districts and community colleges.
16 COMMISSIONER CRAWFORD: Motion.
17 GOVERNOR BUSH: Is there a second?
18 ATTORNEY GENERAL BUTTERWORTH: Second.
19 GOVERNOR BUSH: Moved and --
20 COMMISSIONER GALLAGHER: Motion.
21 GOVERNOR BUSH: -- seconded.
22 Without objection, it's approved.
23 MR. WATKINS: Item Number 3 is a resolution
24 selecting a qualified pool of financial
25 advisors.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 6
November 23, 1999
1 The contract for the pool of financial
2 advisors will be for a two-year period with two
3 one-year options. And this -- the basis for
4 compensation of those financial advisors is on
5 an hourly basis.
6 The Division -- we utilized a competitive
7 selection process as the basis for ranking the
8 firms and making the recommendation to
9 the Board. The selection process included
10 distributing RFPs with questions included in
11 those to solicit the qualifications of various
12 firms, establishing a selection committee to
13 grade the responses, a grading of the
14 responses, and a ranking of the firms based on
15 that grading.
16 Fifteen percent of the scoring was based on
17 MWBE status of the firms, the firm's ownership,
18 the minority professionals included within the
19 firms, and the affirmative action minority
20 hiring policies. We received 15 responses to
21 the RFP. And -- however, the original
22 recommendation of the three top ranked firms
23 does not include a minority firm in the
24 qualified pool.
25 This hasn't been an issue in the past,
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 7
November 23, 1999
1 because one of our top ranked firms was,
2 in fact, a minority firm. And it is -- this
3 important decision becomes a policy decision
4 for this Board to consider in how to best
5 facilitate the utilization of minority firms.
6 And it seems to me, there are at least
7 three different alternatives to consider in
8 this matter. One alternative would be to
9 include the top ranked minority firm, which
10 would be the number tenth ranked firm pursuant
11 to the process.
12 A second alternative would be to do a
13 separate selection process, specifically for a
14 minority firm in order to determine the most
15 qualified minority firm.
16 Or the third alternative would be to
17 approve the three top ranked firms,
18 understanding that there was a competitive
19 selection process, and that the minority status
20 of the various firms was taken into account
21 in -- in ranking those firms.
22 And any of these three alternatives is
23 equally manageable from our standpoint, from an
24 operational standpoint.
25 So with that by way of background, I would
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 8
November 23, 1999
1 solicit input from the Board in how to best
2 proceed in this matter.
3 COMMISSIONER GALLAGHER: I have a question,
4 if I could.
5 GOVERNOR BUSH: Yes, Tom.
6 COMMISSIONER GALLAGHER: If we had
7 basically set the parameters and said that we
8 would be including a minority firm in the
9 choice, might that have -- encouraged more
10 minority firms to have applied?
11 MR. WATKINS: It may well have, yes.
12 COMMISSIONER GALLAGHER: And I have a
13 little bit of problem with changing the rules,
14 you know, after the game -- after everything
15 comes in, because I think at that point,
16 everybody that sits at four through nine,
17 you know, sort of feels like they -- they --
18 they have some kind of rights that got
19 abridged, although -- and I think we should
20 have said, look, we're going to approve --
21 we're going to approve a minority firm,
22 therefore, you know, know that there's a basic
23 competition for minority firms.
24 That's just from -- from -- just off the
25 top of my head. I don't have a real preference
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 9
November 23, 1999
1 in this, but I do think that it's not a good
2 precedent to set of changing the way people
3 perceive. And I know the rules weren't written
4 out exactly how they would be chosen. It could
5 be one or more.
6 But I think we should be more specific as
7 to how they're going to be chosen in the front
8 end, because it does cause you to have
9 potential challenges.
10 GOVERNOR BUSH: General.
11 COMPTROLLER MILLIGAN: What size program is
12 this, Ben?
13 COMMISSIONER GALLAGHER: It's about --
14 COMPTROLLER MILLIGAN: How much -- how
15 much --
16 COMMISSIONER GALLAGHER: -- twenty thousand
17 dollars.
18 COMPTROLLER MILLIGAN: -- do you
19 normally --
20 COMMISSIONER GALLAGHER: -- money.
21 COMPTROLLER MILLIGAN: -- expend utilizing
22 this -- these advisors?
23 MR. WATKINS: We -- we use financial
24 advisors on a very limited basis. Over the
25 last four years -- four fiscal years, the -- it
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 10
November 23, 1999
1 was in the $70,000 range in 96-97 and 97-98.
2 But that was when we were doing financial
3 advisory work on the pricing of Florida
4 Housing Finance Agency transactions.
5 And so that has been reduced accordingly
6 since the privatization, since those
7 transactions don't come to this Board any
8 longer.
9 So for last fiscal year, it was around
10 $30,000; and this fiscal year, approximately
11 $25,000 has been --
12 GOVERNOR BUSH: Per advisor?
13 MR. WATKINS: -- expended on financial
14 advisory services.
15 Correct.
16 COMPTROLLER MILLIGAN: For all -- all of
17 the firms that were supporting the program.
18 MR. WATKINS: That's correct.
19 GOVERNOR BUSH: For all the firms.
20 MR. WATKINS: Correct.
21 COMPTROLLER MILLIGAN: If -- if the -- if
22 the -- the number 10 firm were selected to be
23 one of the four, instead of just three, what
24 kind of expertise do they have? Would they,
25 in fact, be a firm that you would find useful?
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 11
November 23, 1999
1 MR. WATKINS: They are -- I have no problem
2 with the qualification of the firm. It is the
3 tenth ranked firm. So pursuant to the process,
4 they didn't score as high.
5 But in terms of my personal comfort level
6 with the individuals involved in the firm, I do
7 believe it is a qualified firm.
8 That being said, there would be four in the
9 qualified pool, rather than three. And so
10 the -- what we try to do in selecting a
11 financial advisor for any particular engagement
12 is to match expertise with the particular task
13 at hand. And that's the way we -- we govern
14 ourselves.
15 I don't believe that there's any particular
16 specialized expertise that this firm would have
17 that the other three would not have. But with
18 respect to their general qualifications, I'm
19 comfortable that they have the expertise
20 necessary to discharge whatever engagement may
21 be forthcoming.
22 COMPTROLLER MILLIGAN: I -- I guess in many
23 respects, I lean where -- toward
24 Commissioner Gallagher's view, that I think the
25 effort is -- is an important effort to try to
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 12
November 23, 1999
1 bring the right kind of people into support of
2 the State activities.
3 But I do know that this process was done in
4 a -- in a very evenhanded and aboveboard
5 manner, including getting people from outside
6 of the Bond Finance area to participate, which
7 I personally appreciate very much getting
8 others involved.
9 I think DOT was one of those involved in
10 this one. Very often our people are involved
11 in -- in the selection process.
12 And I -- and I would -- I would suggest
13 that we -- that we approve these three, and --
14 and if it seems appropriate, to go out and
15 advertise for a minority firm to fill out a
16 fourth spot, and see what kind of competition
17 we could get in response to that -- to that as
18 a -- your number two option I guess is what I'm
19 saying, Ben.
20 MR. WATKINS: Yes, sir.
21 GOVERNOR BUSH: I would -- given the fact
22 that this was a process in place, I think what
23 Tom and the General are saying makes some
24 sense.
25 However, one of the ways it could be done
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 13
November 23, 1999
1 in the future is to have a threshold criteria
2 over which all firms, if they pass, could be
3 selected so there's no misunderstanding
4 about -- I mean, these are all still fairly
5 arbitrary ranking systems.
6 You're ranking by -- you know, the chart.
7 It's just -- you put numbers on a chart.
8 Someone is making a subjective analysis.
9 They're experts, and they, you know, we're --
10 COMPTROLLER MILLIGAN: Yeah.
11 GOVERNOR BUSH: -- we're -- we're -- we're
12 following their judgment. But if all of them
13 are qualified -- I guess what I'm saying is,
14 rather than go through the process of isolating
15 a minority firm and saying, in essence, there's
16 a set aside --
17 COMPTROLLER MILLIGAN: Yes.
18 GOVERNOR BUSH: -- which I -- you may have
19 noticed I'm not particularly supportive of.
20 Rather than say that, perhaps the next time
21 this goes out to bid, and in future times where
22 the Cabinet is looking at these things,
23 establish this in a way that there's a
24 threshold criteria, and then we select.
25 And one of the things that we would
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 14
November 23, 1999
1 consider is diversity, rather than set it aside
2 as a -- as a special item, which may not pass
3 the -- the test that General Butterworth is
4 going to comment on at some point in the
5 conversation as well.
6 That would be my suggestion. But I'm more
7 than happy to go any way you'd like. I -- I
8 just think that it's important to consistently
9 reach out and make sure that people are given
10 opportunities. We may have timing-wise not
11 done this as appropriately or --
12 COMPTROLLER MILLIGAN: Well, I --
13 GOVERNOR BUSH: -- my involvement in this
14 may have been a little late.
15 COMPTROLLER MILLIGAN: I think a good
16 signal is being sent in this -- with this
17 conversation.
18 GOVERNOR BUSH: Yeah.
19 COMMISSIONER GALLAGHER: I -- I would just
20 like to say something.
21 I think that -- I know it's important in
22 regards to ownership, and that's sort of what
23 we're talking about, a minority owned business,
24 and qualifying, and all those things.
25 But I think it's also important to look at
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 15
November 23, 1999
1 the hiring of these firms. And I think one of
2 the criteria that we should ask for when they
3 present their expertise, and should be taken
4 into consideration, is the number of minorities
5 that they have working for them in management
6 positions.
7 MR. WATKINS: Correct. We -- we solicited
8 that information. In the 15 percent of the
9 scoring in the existing process that was
10 utilized, that question was asked and evaluated
11 by the selection committee members, because
12 there are very qualified minority and -- and
13 women within the majority firms that are in
14 many cases assigned to this engagement.
15 So that is a factor that we do consider in
16 the existing process.
17 COMMISSIONER GALLAGHER: Good.
18 GOVERNOR BUSH: Commissioner Nelson.
19 TREASURER NELSON: Well, Governor, I'm just
20 a little concerned about -- about this. We're
21 trying to send out the signals on diversity.
22 And I -- I acknowledge that what the
23 Comptroller has said is -- is -- has
24 considerable validity, that the rules were in
25 place, and so forth.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 16
November 23, 1999
1 But, you know, we've kind of -- this issue
2 has rather been in the forefront of the news in
3 the last few weeks, and I would hesitate to
4 proceed. And here again, another minority
5 firm, in this case, the one that was the top
6 ranking, is owned by a woman.
7 GOVERNOR BUSH: Uh-hum.
8 TREASURER NELSON: I would hate for us to
9 again go through another awarding of a
10 contract, and the diversity be excluded, even
11 though I defer to the Comptroller's comments.
12 I think those have validity.
13 And I would prefer that we see, if not a
14 deferral on this issue, then a clear
15 understanding that there's going to be an
16 inclusion of diversity with regard to the
17 awarding of the -- of the rules that we lay
18 down for the future awards.
19 GOVERNOR BUSH: I think you and I are in
20 the same -- same position. I don't know what
21 the -- how this was bid out, and if there's a
22 legal question, if you said you were going to
23 take the top three, and, therefore, go from --
24 skip four through nine and get to ten, and
25 that's kind of an arbitrary decision, if that
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 17
November 23, 1999
1 puts you in a bind.
2 Does it?
3 MR. WATKINS: Strictly from a legal
4 standpoint, the -- the Division of Bond Finance
5 is not subject to the 287 purchasing
6 requirements. And so it really is a policy
7 matter for this Board, and we don't put
8 ourselves in a -- in a difficult position by
9 making that judgment if that is, in fact,
10 the -- the consensus of the Board.
11 COMPTROLLER MILLIGAN: Governor, if I -- if
12 I might just get a clarification from the
13 Treasurer. You would be thinking then instead
14 of 15 percent being a -- a weighting factor for
15 either minorities in a majority firm, or
16 including minorities, that you would increase
17 the weight --
18 TREASURER NELSON: I can't answer that.
19 I'd rather have a lot more --
20 COMPTROLLER MILLIGAN: Discussion. Sure.
21 TREASURER NELSON: -- discussion and folks
22 who have weighed in on this. But the whole
23 idea is here we're trying to get diversity.
24 And we're just about to adopt something that
25 isn't granting diversity.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 18
November 23, 1999
1 COMMISSIONER GALLAGHER: Well, I -- I'm not
2 sure you can say that. If they included
3 15 percent of the points on diversity within
4 the firms, that is a step in the right
5 direction.
6 And I -- I might say that -- a way to do
7 this would be to, in the future, include points
8 for minority ownership, and points for
9 diversity within those firms. Minority
10 employment in management positions.
11 And -- so I think there's a way to do this
12 that we encourage what we're looking for
13 without jumping from three to ten.
14 That's just a suggestion for the future.
15 ATTORNEY GENERAL BUTTERWORTH: Governor --
16 TREASURER NELSON: May --
17 ATTORNEY GENERAL BUTTERWORTH: Go ahead.
18 TREASURER NELSON: I just want to, just for
19 point of clarification, if I may, Governor.
20 GOVERNOR BUSH: Sure.
21 TREASURER NELSON: Would you lay out the
22 three options again?
23 MR. WATKINS: The three options: Option
24 number one would be to move down the ranking,
25 and select the top ranked minority firm, and
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 19
November 23, 1999
1 include four in the qualified underwriting pool
2 rather than three.
3 The second alternative would be to receive
4 authority to go out specifically with an RFP to
5 solicit RFPs from minority firms only, with the
6 understanding that we take the top ranked
7 minority firm, subsequent to the action of
8 the Board today, and include them subsequently.
9 And the -- the third alternative is to go
10 with the original recommendation, which is just
11 to take the top three ranked firm, based on the
12 process that was in place when we commenced
13 this selection process.
14 GOVERNOR BUSH: General Butterworth?
15 ATTORNEY GENERAL BUTTERWORTH: Yes.
16 You were saying before that -- go through
17 that first one again.
18 MR. WATKINS: The -- the first one would be
19 to move down the list of firms and pick the top
20 ranked minority firm.
21 ATTORNEY GENERAL BUTTERWORTH: Well,
22 what -- from what you said before, you believe
23 that legally you can pick some other firm.
24 MR. WATKINS: We left ourselves sufficient
25 latitude through the RFP process for this Board
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 20
November 23, 1999
1 to exercise discretion in -- in approving the
2 pool of financial advisors.
3 In other words, this is merely a
4 recommendation based on a process. And this
5 Board has the power and authority to do
6 something to modify that recommendation in any
7 way it deems appropriate.
8 ATTORNEY GENERAL BUTTERWORTH: Well,
9 Governor, from what's said here, I -- I think
10 everything has been met, and that we could take
11 the first option from what -- from what was
12 stated here.
13 Originally I was -- what you were saying,
14 and --
15 GOVERNOR BUSH: Well, legally we can.
16 But --
17 ATTORNEY GENERAL BUTTERWORTH: Okay.
18 GOVERNOR BUSH: -- the question is, is
19 it -- is it a question of policy, should we.
20 And I'm -- I'm comfortable doing it.
21 In fact, that was my recommendation. But
22 given the fact that this was kind of work in
23 progress after the fact, I -- I want to make
24 sure that we have a clear conversation about
25 it.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 21
November 23, 1999
1 The fact is though, these companies have
2 spent more money than they're going to get in
3 consulting fees in trying to get it. You know,
4 this costs more than five grand, and that's
5 about what they're going to get.
6 I mean, it's a -- diversity also needs to
7 be focused on the bigger stuff like the
8 Everglades restoration, and the other things
9 where there's hundreds of millions of dollars
10 being spent.
11 Yes.
12 TREASURER NELSON: Well, Governor, for
13 purposes of the discussion, and I would offer a
14 motion that -- that would include the top
15 ranked minority firm, in this case, it -- owned
16 by a woman, which is Marianne Edmonds,
17 Incorporated, which would be option number one
18 that --
19 GOVERNOR BUSH: Okay. Is there a second?
20 TREASURER NELSON: -- the Division Chief --
21 ATTORNEY GENERAL BUTTERWORTH: I'll second
22 that, Governor.
23 GOVERNOR BUSH: Any other discussion?
24 All in favor, say aye.
25 THE CABINET: Aye.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 22
November 23, 1999
1 GOVERNOR BUSH: All opposed?
2 Thank you, Ben.
3 MR. WATKINS: Thank you.
4 Item Number 4 is a report on the award of
5 the sale of seven-and-a-half million dollars of
6 parking facility revenue bonds for FIU.
7 The bonds were sold at competitive sale and
8 awarded to the low bidder at a true interest
9 cost of 5.42 percent.
10 GOVERNOR BUSH: Is there a motion?
11 COMMISSIONER CRAWFORD: Motion to accept
12 the report.
13 SECRETARY HARRIS: Second.
14 GOVERNOR BUSH: Second.
15 Without objection, it's approved.
16 Yeah, Tom?
17 COMMISSIONER GALLAGHER: Governor, before
18 we -- before we move on, so we don't have this
19 kind of an incident that we have to deal with,
20 could you include points, and maybe come up
21 with a -- what you think is a fair method of
22 including minority ownership as gaining points,
23 as well as minority employment in the future
24 selection?
25 MR. WATKINS: Absolutely.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 23
November 23, 1999
1 COMMISSIONER GALLAGHER: Thank you.
2 GOVERNOR BUSH: Thank you, Ben.
3 MR. WATKINS: Uh-hum.
4 (The Division of Bond Finance Agenda was
5 concluded.)
6 * * *
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 24
November 23, 1999
1 GOVERNOR BUSH: Highway Safety and
2 Motor Vehicles.
3 MR. DICKINSON: Good morning, Governor and
4 Cabinet.
5 GOVERNOR BUSH: Good morning.
6 Is there a motion on the minutes?
7 COMMISSIONER CRAWFORD: Motion.
8 COMMISSIONER GALLAGHER: Motion.
9 Second.
10 GOVERNOR BUSH: Moved and seconded.
11 Without objection, it's approved.
12 Item 2.
13 MR. DICKINSON: Item 2 is request approval,
14 acceptance of our quarterly report for the
15 quarter ending September '99.
16 I'll tell you that we're up in about
17 80 percent of our categories. Our
18 VISOR Project with the tax collectors, that I
19 know have been around to see you, is
20 100 percent implemented. Still it's got some
21 slowness in it that we're working with the tax
22 collectors to work out.
23 Also I'd like to point out with the holiday
24 weekend upon us, our troopers are going to be
25 out in force. We have canceled all
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 25
November 23, 1999
1 administrative duties to put as many people on
2 the highway as possible. In various troops,
3 they'll have what we call wolf packs to do some
4 selective enforcement on DUIs, and also
5 sobriety checkpoints throughout the state.
6 In addition -- and we have made an impact
7 on those -- on those DUI issues in the past.
8 In addition, we are really pumping
9 seat belt usage. We've gone to a zero
10 tolerance over the weekend, which means if
11 there's another violation, we are not going to
12 issue warnings for failure to have seat belts,
13 particularly if children are involved in the
14 car.
15 GOVERNOR BUSH: Excellent.
16 ATTORNEY GENERAL BUTTERWORTH: Just one
17 question, if I can, Governor.
18 Fred, you said all administrative duties
19 will be suspended, and all administrators will
20 be --
21 MR. DICKINSON: On the road.
22 ATTORNEY GENERAL BUTTERWORTH: -- on the
23 road.
24 I consider yourself to be in that category,
25 because I know that one of your --
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 26
November 23, 1999
1 MR. DICKINSON: I'll be on South Lake
2 Boulevard in Broward County.
3 ATTORNEY GENERAL BUTTERWORTH: Right.
4 MR. DICKINSON: No.
5 ATTORNEY GENERAL BUTTERWORTH: That's --
6 SECRETARY HARRIS: Governor --
7 MR. DICKINSON: I'll be out though.
8 If I get through this next issue, I may --
9 I don't know where I'll be.
10 GOVERNOR BUSH: Katherine.
11 COMMISSIONER CRAWFORD: Move approval of
12 the report.
13 GOVERNOR BUSH: Is there a second?
14 ATTORNEY GENERAL BUTTERWORTH: Second.
15 GOVERNOR BUSH: Moved and seconded.
16 Without objection, it's approved.
17 MR. DICKINSON: Governor, now we have the
18 tags for submission. We have three tags today.
19 And I'd like to point out that these were
20 all -- obviously all passed by the Legislature,
21 so we're following our statutory direction
22 there.
23 We do have -- we do come to you for
24 approval of the design. And today we offer the
25 Choose Life plate, the Share the Road plate,
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 27
November 23, 1999
1 and the Tampa Bay Estuary plate.
2 I -- I think I'm supposed to go through a
3 couple of items here before we get going. But
4 Choose Life seems to be kind of a hot topic, so
5 I thought I'd --
6 GOVERNOR BUSH: Oh, that road thing has
7 been pretty controversial, this middle one.
8 COMMISSIONER GALLAGHER: The bikes?
9 COMMISSIONER CRAWFORD: Yeah, could you
10 explain that for us?
11 ATTORNEY GENERAL BUTTERWORTH: We received
12 more phone calls on that third one in my
13 office.
14 MR. DICKINSON: Anyway. We do have a
15 lawsuit --
16 COMMISSIONER GALLAGHER: Is -- is the third
17 one really underwater, or does it just look
18 like it is?
19 MR. DICKINSON: That's underwater.
20 COMMISSIONER GALLAGHER: Okay.
21 MR. DICKINSON: We do have a lawsuit --
22 ATTORNEY GENERAL BUTTERWORTH: Going the
23 other way, Governor, I think -- I think the
24 bicycle's going in the wrong direction.
25 COMMISSIONER GALLAGHER: Better send the
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 28
November 23, 1999
1 bike back. Send the bike back?
2 GOVERNOR BUSH: Please, Mr. -- go ahead.
3 MR. DICKINSON: With regard to the
4 Choose Life plate, Governor, there's a lawsuit
5 pending in the North-- Middle District
6 I believe, it's filed in Jacksonville.
7 And the basis of the suit -- and I'm sure
8 the General is fully aware of this -- is that
9 the petitioner who brought the suit is asking
10 that there be a flipside plate offered at the
11 same time this is offered. There's a motion to
12 dismiss that's been pending since August.
13 There's not a whole lot of activity on it.
14 Representative Kilmer is here today, who
15 sponsored the legislation in the House. And I
16 talked with Senator Sebesta yesterday. And I
17 know they're both very supportive of the plate.
18 And we plan to have this available in 60 to
19 90 days out in the motoring public -- in the
20 tax collector offices.
21 Share the Road is money that goes to the
22 Florida Sports Foundation. And that's,
23 of course, bicycle safety. And it's shared
24 between two different groups.
25 And the Tampa Bay Estuary goes to a
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 29
November 23, 1999
1 conservation management and education to
2 preserve Tampa Bay.
3 ATTORNEY GENERAL BUTTERWORTH: Governor,
4 are we going to take all these at once, or
5 just --
6 GOVERNOR BUSH: We can do it any way which
7 you'd like.
8 ATTORNEY GENERAL BUTTERWORTH: I'd like to
9 do them separately, if we could.
10 GOVERNOR BUSH: Okay. Why don't we do
11 Choose Life first.
12 ATTORNEY GENERAL BUTTERWORTH: Want that
13 one first?
14 GOVERNOR BUSH: Yeah.
15 COMMISSIONER GALLAGHER: I'll move
16 Choose Life.
17 SECRETARY HARRIS: Second.
18 GOVERNOR BUSH: There's a motion and a
19 second.
20 Any discussion?
21 TREASURER NELSON: Well, I'd just like to
22 say that I'm going to vote no on this, because
23 I believe there are better ways to promote
24 adoption than placing a political message on a
25 state license plate.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 30
November 23, 1999
1 I do not think that Florida should give its
2 official sanction to an official license tag on
3 an issue that is divisive, and has become too
4 partisan. I think that almost all of these
5 license tags that come before us that we merely
6 have a perfunctory role, they come to us
7 overwhelmingly having passed in a bipartisan
8 fashion without divisiveness.
9 And so that is the reason that I'm going to
10 vote no.
11 ATTORNEY GENERAL BUTTERWORTH: Governor, if
12 I --
13 GOVERNOR BUSH: Please.
14 ATTORNEY GENERAL BUTTERWORTH: -- could
15 proceed.
16 As Fred stated, there is a lawsuit in the
17 Middle District. The Federal judge has stated
18 under the rules of their court, he has to
19 decide this case in the next few days.
20 Also a second suit was just filed in
21 Circuit Court in Palm Beach County by former
22 Representative Silver.
23 Basically what is stated in those lawsuits
24 is what the Treasurer has -- has indicated to
25 us. My personal feeling is that I think at the
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 31
November 23, 1999
1 end of the day, the State will lose the case at
2 a point in time in the court system. I'm not
3 saying it's going to be tomorrow or the next
4 day.
5 But I just want to let you know that. And
6 I'm definitely voting no -- no on this issue.
7 GOVERNOR BUSH: Any other comments?
8 Okay.
9 So -- yes.
10 MR. DICKINSON: Governor, one -- one last
11 comment.
12 We had been asked some questions about the
13 color of the tag, the background yellow, and if
14 that conflicted with anything.
15 Currently we have -- all your government
16 tags are yellow. And there was some
17 speculation that the color yellow was reserved
18 only for school buses. Well, that's true.
19 But it's not reserved for school bus
20 license plates, it's just reserved for school
21 buses.
22 In 1939, throughout this nation, they came
23 up with what's called school bus chrome yellow.
24 And that's why all your school buses currently
25 are yellow. But it does not apply to the
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 32
November 23, 1999
1 plate.
2 GOVERNOR BUSH: Commissioner.
3 COMMISSIONER CRAWFORD: Governor, just my
4 observation is that -- while I respect my
5 colleagues' opposition, it's my perception that
6 we're really not voting on the policy today,
7 we're voting on the design and the color, which
8 I think looks pretty good.
9 And I generally vote with my colleagues on
10 the over-- overriding issue here. But I think
11 it's a legislative prerogative to make that
12 policy question, and ours today is simply to
13 approve the -- the aesthetics of the tag, and I
14 think it's -- meets all the criteria we'd want
15 in that regard.
16 So I'd vote yes for it.
17 SECRETARY HARRIS: Governor, I concur with
18 Commissioner Crawford. And since it was a
19 legislative decision, and it's gone through the
20 process and been signed into law, I also would
21 be voting in favor of the license plate.
22 GOVERNOR BUSH: Any other comments?
23 COMMISSIONER GALLAGHER: I was just
24 wondering what colors it is that the General
25 and the Treasurer don't like.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 33
November 23, 1999
1 ATTORNEY GENERAL BUTTERWORTH: Well, I have
2 another one out here if you want me to show you
3 one.
4 COMMISSIONER GALLAGHER: It's a different
5 color?
6 ATTORNEY GENERAL BUTTERWORTH: No, I have a
7 different license plate I really like.
8 COMMISSIONER GALLAGHER: Well, that's the
9 legislative prerogative.
10 ATTORNEY GENERAL BUTTERWORTH: I know it
11 is.
12 GOVERNOR BUSH: Any other comments?
13 There's a motion to accept the first plate.
14 All in favor.
15 It's -- it's been seconded.
16 All in favor, say aye.
17 THE CABINET: Aye.
18 GOVERNOR BUSH: All opposed?
19 TREASURER NELSON: No.
20 ATTORNEY GENERAL BUTTERWORTH: No.
21 GOVERNOR BUSH: Okay.
22 ATTORNEY GENERAL BUTTERWORTH: I just have
23 one comment, Governor --
24 GOVERNOR BUSH: Please.
25 ATTORNEY GENERAL BUTTERWORTH: -- maybe the
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 34
November 23, 1999
1 Comptroller may or may not agree with me on
2 this.
3 That is, that as I understand the process,
4 Fred, there's an organization that has already
5 fronted the money to print the first
6 15,000 tags, which take about 60 or 90 days to
7 order and -- before they actually come out on
8 the street.
9 Would it be appropriate for us to hold a
10 few days? Because we have -- we believe --
11 both our side and the -- the plaintiffs' side
12 in -- in the Federal Court, that the judge is
13 going to rule in the next couple days.
14 If we actually go to -- and order these
15 license plates and get them printed, we will
16 then have to reimburse the organization that --
17 that brought this plate to us that $30,000.
18 So it might be wise just to wait a few
19 days, as opposed to -- and if the Court doesn't
20 rule, I mean, obviously within a reasonably
21 short period of time, go forward. We may very
22 well be enjoined by the Circuit Court. We do
23 not know at this point in time.
24 So my only thing is -- and we also have
25 legal fees to be worried about in the Federal
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 35
November 23, 1999
1 case. So it's one issue which I think that
2 we'll want to delay this, nor do I want to
3 defeat it.
4 But the thing is, I think it's wise from
5 the standpoint of fiscal just to wait a couple
6 days and maybe -- maybe a week or so. If the
7 Court doesn't rule, go forward; if the Court
8 rules, then we might have saved money.
9 At a point in time, we may very well --
10 very well be confiscating 30,000 of these
11 plates. But that's -- if that's what the
12 Legislature wants us to do, that's what
13 happens.
14 COMPTROLLER MILLIGAN: If I might,
15 Governor, just try to comment on that, and
16 perhaps Fred can even amplify it more. There
17 is a -- certainly a policy requirement in terms
18 of buy back of plates and various sundry things
19 that impact on cancellation or changes in
20 design and so forth.
21 But I think the Court would probably be the
22 one to decide who really has to absorb that
23 cost. And I -- and I would think that would be
24 one of the issues in the -- or should be one of
25 the issues in the Court ruling.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 36
November 23, 1999
1 With that said, if we are talking about a
2 couple days of res-- bef-- with resolution,
3 that would be one thing. But I believe I heard
4 you say earlier that this thing is probably --
5 will be appealed, and it will go on and on and
6 on.
7 And so delaying a few days I don't think
8 really would help one way or the other. And --
9 and I will assume that the law will prevail in
10 terms of what the Court may rule, or what our
11 own statutes say in terms of restitution in
12 terms of license plates --
13 And so I -- I would recommend that we don't
14 defer.
15 ATTORNEY GENERAL BUTTERWORTH: I'm not
16 saying delay until it goes through the entire
17 court system, I think that would be not
18 appropriate.
19 But I do believe -- we -- I believe the
20 Middle District has a 120-day rule when a Court
21 has to rule on a case. I think we're at, like,
22 the 120th day. So I -- I think we're going to
23 get this -- if it waits till Monday I think or
24 Tuesday, I think we'll probably have a pretty
25 good idea.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 37
November 23, 1999
1 GOVERNOR BUSH: Well, if we hadn't brought
2 it up, you probably would have.
3 COMMISSIONER GALLAGHER: Can I -- can I ask
4 you this?
5 GOVERNOR BUSH: Just by the natural --
6 COMMISSIONER GALLAGHER: If -- I -- what
7 I --
8 GOVERNOR BUSH: He's going to be out on the
9 road.
10 ATTORNEY GENERAL BUTTERWORTH: He's working
11 on it, right.
12 MR. DICKINSON: It's going to take me that
13 long to get back from south Florida, Governor.
14 COMMISSIONER GALLAGHER: Governor, I --
15 GOVERNOR BUSH: Yeah, Tom.
16 COMMISSIONER GALLAGHER: -- I have a
17 question.
18 If we know whichever way the ruling comes,
19 it's going to get appealed, what does waiting
20 five -- I mean, what does waiting for a ruling
21 do?
22 I mean, that's what I don't understand.
23 ATTORNEY GENERAL BUTTERWORTH: I'm just
24 saying as a -- I believe we owe a duty to the
25 State of Florida to say that you're putting a
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 38
November 23, 1999
1 few thousand dollars at risk.
2 COMMISSIONER GALLAGHER: But if it's going
3 to get appealed --
4 ATTORNEY GENERAL BUTTERWORTH: If the group
5 that -- that has -- that wants this license
6 plate is willing to say that they're not going
7 to ask for any money back from the state, then
8 there is -- then there is no problem.
9 GOVERNOR BUSH: Fred, what -- what is
10 the -- what is the actual rules as it relates
11 to fronting money, rather than waiting for the
12 proceeds of the license plates and all that?
13 Is that --
14 MR. DICKINSON: The General's right, the
15 money's already been submitted to us. It was
16 actually submitted a year ago. You have to
17 submit it 30 days prior to the opening of
18 session. And since it passed last session, it
19 was submitted with signatures prior to,
20 I guess, December 1.
21 GOVERNOR BUSH: So all the -- all the
22 plates have this --
23 MR. DICKINSON: Yes, sir --
24 GOVERNOR BUSH: -- same feature.
25 MR. DICKINSON: -- all the plates.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 39
November 23, 1999
1 GOVERNOR BUSH: Okay.
2 MR. DICKINSON: I will point out that there
3 has been injunctive relief requested in the
4 lawsuit. So I imagine the General's kind on
5 fours -- all fours with that one also.
6 I imagine we're going to hear whenever they
7 rule as to whether or not injunctive relief
8 will be forthcoming. There has to date been no
9 temporary injunction issued, and -- and,
10 of course, no permanent injunction.
11 So I'm sure he'll rule on that -- the
12 Magistrate will rule on that at the same time.
13 In the normal course of things, Governor,
14 it's going to take some time for us to get this
15 thing printed. I don't foresee a problem with
16 five days or 30 days, to be honest with you.
17 We have to wait for the sheeting to come
18 back from the manufacturer, which then goes to
19 PRIDE, and then PRIDE does the labor. That's
20 really at the tail end. And that's, quite
21 frankly, when the expenditure is really
22 incurred.
23 So I think we've got a little breathing
24 room.
25 COMPTROLLER MILLIGAN: So -- so there's a
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 40
November 23, 1999
1 built-in delay.
2 GOVERNOR BUSH: Yeah.
3 MR. DICKINSON: Built-in delay.
4 GOVERNOR BUSH: Okay. How about the other
5 two license plates?
6 MR. DICKINSON: Yes, sir. Share the Road.
7 That's the bicycle safety plate.
8 GOVERNOR BUSH: Can we take these two --
9 COMMISSIONER GALLAGHER: I'll move the
10 other two together.
11 COMMISSIONER CRAWFORD: Second.
12 GOVERNOR BUSH: Just checking.
13 Is there a --
14 COMMISSIONER CRAWFORD: Second.
15 GOVERNOR BUSH: Is there a motion?
16 A second?
17 ATTORNEY GENERAL BUTTERWORTH: We should
18 outbill an item, make this --
19 GOVERNOR BUSH: Any --
20 ATTORNEY GENERAL BUTTERWORTH: -- motion
21 for you.
22 GOVERNOR BUSH: Any -- any conversation on
23 the -- the bicycle and the fish?
24 COMMISSIONER GALLAGHER: I think we ought
25 to wait and make sure that the fish -- no,
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 41
November 23, 1999
1 just --
2 GOVERNOR BUSH: Hope we can --
3 There's a motion and a second.
4 Without objection, it's approved.
5 ATTORNEY GENERAL BUTTERWORTH: Just one
6 question, Governor, if I can.
7 GOVERNOR BUSH: Yes, please.
8 ATTORNEY GENERAL BUTTERWORTH: Fred, how
9 many plates do we have now?
10 MR. DICKINSON: These are -- this is 45,
11 46, and 47 --
12 ATTORNEY GENERAL BUTTERWORTH: Well,
13 Governor, I'd like come up with -- with
14 Number 48.
15 What this is, it's a blank tag. It has
16 numbers on it and the State of Florida. This
17 is all that's required under the law of the
18 State of Florida is to have numbers and the
19 state.
20 I think I know about that tag when we went
21 over there.
22 And what we can do is get a magic marker,
23 Governor, and allow anybody to put any message
24 they want and any logo. And I'd like to keep
25 the filing straight.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 42
November 23, 1999
1 GOVERNOR BUSH: Well, there's a process in
2 place apparently where you can do just that.
3 COMMISSIONER GALLAGHER: General, are
4 you -- are you putting up the thirty grand for
5 this plate, because this may fly.
6 ATTORNEY GENERAL BUTTERWORTH: Well,
7 you know, this one flies. This is where --
8 this is what the --
9 GOVERNOR BUSH: Have a nice day.
10 COMMISSIONER GALLAGHER: Draw your own.
11 Called draw your own. We'll call it the
12 Cabinet plate.
13 ATTORNEY GENERAL BUTTERWORTH: Well, you
14 have -- if you have no color on the back --
15 COMPTROLLER MILLIGAN: I don't like -- I
16 don't like the color.
17 ATTORNEY GENERAL BUTTERWORTH: Have a
18 Marine license plate.
19 MR. DICKINSON: Governor, we've got three
20 more plates that'll be forthcoming. And
21 we'll --
22 GOVERNOR BUSH: Three more?
23 MR. DICKINSON -- try to have that --
24 Yes, sir.
25 -- that were approved last legislative
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 43
November 23, 1999
1 session. And they will be up I'm hoping
2 December --
3 GOVERNOR BUSH: -- got very busy last
4 session.
5 MR. DICKINSON: We have had none submitted
6 yet this year. So I think -- this may be the
7 last of the --
8 COMMISSIONER GALLAGHER: Right.
9 MR. DICKINSON: -- tag.
10 COMMISSIONER GALLAGHER: You've only --
11 MR. DICKINSON: Well, they've only got
12 another week. So --
13 GOVERNOR BUSH: Very good.
14 MR. DICKINSON: -- to submit it. We
15 haven't heard anything.
16 Thank you, and have a safe holiday.
17 COMPTROLLER MILLIGAN: Well, wait a minute,
18 Governor. We're not talking --
19 TREASURER NELSON: Governor --
20 COMPTROLLER MILLIGAN: -- about this --
21 there won't be another plate here next meeting.
22 There will be another plate, right?
23 MR. DICKINSON: No, sir. I said there will
24 be three more plates next meeting.
25 COMPTROLLER MILLIGAN: Ah.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 44
November 23, 1999
1 MR. DICKINSON: The final --
2 COMPTROLLER MILLIGAN: I missed that.
3 MR. DICKINSON: The last three.
4 COMPTROLLER MILLIGAN: Thank you.
5 MR. DICKINSON: Yes, sir.
6 GOVERNOR BUSH: Any --
7 TREASURER NELSON: Governor --
8 GOVERNOR BUSH: Yes.
9 TREASURER NELSON: -- before Fred gets
10 away, I think we need to let everybody know
11 that today is his birthday.
12 And now -- now is it not true, this is the
13 big 5-0?
14 MR. DICKINSON: No, sir. No. Actually
15 it's next week. But I'm a little --
16 GOVERNOR BUSH: Close enough.
17 TREASURER NELSON: Well, we have a
18 photograph, Fred --
19 MR. DICKINSON: God almighty.
20 ATTORNEY GENERAL BUTTERWORTH: Fred, they
21 could have used the other one your mother gave.
22 TREASURER NELSON: The -- Fred was getting
23 early training for the Department of
24 Highway Safety.
25 So, Fred, if you'll come up here, we're
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT/HIGHWAY SAFETY, MOTOR VEHICLES 45
November 23, 1999
1 going to present -- we've all signed it.
2 Here's Fred when he's a big -- big star on
3 the court.
4 (Applause.)
5 (Discussion off the record.)
6 (The Department of Highway Safety and Motor
7 Vehicles Agenda was concluded.)
8 * * *
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 46
November 23, 1999
1 GOVERNOR BUSH: Department of Revenue.
2 MR. FUCHS: That's going to be a hard act
3 to follow.
4 GOVERNOR BUSH: Is there a motion on the
5 minutes?
6 COMMISSIONER CRAWFORD: Motion.
7 GOVERNOR BUSH: Moved and --
8 COMMISSIONER GALLAGHER: Motion.
9 COMMISSIONER CRAWFORD: Second.
10 GOVERNOR BUSH: -- seconded.
11 Without objection, it's approved.
12 MR. FUCHS: Governor, Madam Secretary,
13 gentlemen, I'd like to take a moment, because I
14 was physically incapacitated last meeting, to
15 personally and publicly thank you for your vote
16 on the new Executive Director of the Department
17 of Revenue. I think it was an excellent
18 choice. Obviously you thought so as well.
19 And I would have to also include the
20 comment that General Butterworth made at the
21 beginning of the meeting. It's probably the
22 most qualified person who's ever been appointed
23 to -- to this job. Which puts me -- I don't
24 know, somewhere fourth, fifth, somewhere down
25 the line.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 47
November 23, 1999
1 But I do appreciate the vote, and I
2 thank you.
3 Item 2 is a request for approval and
4 authority to file with Secretary of State
5 proposed amendments to Rule 12D-7, 12D-8,
6 12D-13, and 12D-16. These are changes to
7 ad valorem taxation rules that implement
8 legislative changes from the last session.
9 COMMISSIONER GALLAGHER: Motion to approve.
10 COMMISSIONER CRAWFORD: Second.
11 GOVERNOR BUSH: Moved and seconded.
12 Without objection, it's approved.
13 Item 3.
14 MR. FUCHS: Item 3, request for approval to
15 file with Secretary of State, proposed
16 amendments to Rule 12D-12.0031. This has to do
17 with taxation on perc, the essentially dry
18 cleaning fluid.
19 COMMISSIONER GALLAGHER: Motion.
20 SECRETARY HARRIS: Second.
21 GOVERNOR BUSH: Moved and seconded.
22 Without objection, it's approved.
23 MR. FUCHS: Thank you. And have a
24 wonderful holiday.
25 GOVERNOR BUSH: Thank you, sir.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 48
November 23, 1999
1 (The Department of Revenue Agenda was
2 concluded.)
3 * * *
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 49
November 23, 1999
1 GOVERNOR BUSH: State Board of Education.
2 Is there a motion on the minutes?
3 COMMISSIONER GALLAGHER: Motion on the
4 minutes.
5 ATTORNEY GENERAL BUTTERWORTH: Second.
6 COMMISSIONER CRAWFORD: Second.
7 GOVERNOR BUSH: Moved and seconded.
8 Without objection, it's approved.
9 Item 2.
10 COMMISSIONER GALLAGHER: Governor, I'd like
11 to, before we do Item 2, for the -- the Board's
12 information, I would like to have from the
13 Florida Association of District School
14 Superintendents a short update on Union County
15 School District.
16 They have just finished a report, we've
17 received it today. Rather than wait a couple
18 of more meetings -- a couple of more weeks,
19 I think it'd be important for us as a
20 State Board to recognize something that has
21 been in the media. This is a report that has
22 just been finished.
23 And if I could ask Luther to come up and --
24 and give us a quick overview of what's in the
25 report. And then if anybody has questions at
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 50
November 23, 1999
1 the next meeting, they could certainly bring
2 them up, or can contact the -- the Association
3 of District School Superintendents.
4 GOVERNOR BUSH: Please.
5 DR. ROGERS: Governor Bush,
6 Commissioner Gallagher, and distinguished
7 members of the Board.
8 We were requested by Commissioner Gallagher
9 and the School Board and superintendent in
10 Union County to conduct an organization and
11 management review of that school district
12 because they were encountering serious
13 financial problems, a review that would result
14 in an economic recovery plan.
15 You should have at your places a report
16 just distributed to you from our Association.
17 This report was delivered to the
18 Superintendent and School Board last evening
19 about 5:00 o'clock. So it should be in their
20 hands at this particular time.
21 With your concurrence, I'd like to make
22 just a brief statement, and then highlight some
23 places in the review that will help you get
24 a -- the big view of the report, without having
25 to read the details, and then I would leave it
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 51
November 23, 1999
1 to your leisure to read the details.
2 Union County is situated in northeast
3 Florida in an area known as the Crown Region of
4 the state, the County seat being Lake Butler.
5 There are three schools that comprise that
6 school district. They're in close proximity to
7 one another, all three in the County seat:
8 Lake Butler Elementary with 865 students;
9 Lake Butler Middle with 741 students; and
10 Union County High with 617 students, for a
11 total of 2,223 students in the District.
12 Union County is experiencing serious
13 financial difficulties at this time. The
14 difficulties have been growing for the past
15 several years. They have intensified during
16 the past two years.
17 At the present time, the District faces a
18 debt of approximately 1.1 million dollars, and
19 is experiencing at this time deficit spending,
20 meaning that the debt could be without
21 intervention, close to 2 million dollars by the
22 close of this school year.
23 The picture could be even more gloomy in
24 that our figures are based on the records and
25 data that were made available to us, some of
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 52
November 23, 1999
1 which were not complete, and some which was --
2 were not available or existent perhaps.
3 COMMISSIONER GALLAGHER: Luther, would
4 you -- when you get into 2 million dollar
5 deficit, would you tell them what the annual
6 budget is for Union County?
7 DR. ROGERS: I'd have to call on Mr. Forbes
8 for that.
9 COMMISSIONER GALLAGHER: I think it's
10 about --
11 DR. ROGERS: Twelve million.
12 COMMISSIONER GALLAGHER: Twelve million.
13 So it's a high percentage.
14 DR. ROGERS: I would like to point out, two
15 members -- two very strategic members of my
16 team are in the audience with me,
17 Mr. John Forbes, who is a specialist in school
18 finance; and Mr. Jerry Copeland, who is a
19 specialist in human resource management and
20 development. And they're seated here on the
21 second row should you have particular questions
22 that I cannot handle.
23 One other comment. The major problem that
24 we encountered with a -- with trying to assist
25 the District with this problem is that there
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 53
November 23, 1999
1 are few, or no budget and financial management
2 controls operating in the District -- District
3 at this time, including the hiring of personnel
4 and the deployment of those personnel.
5 There are simply more people on the payroll
6 than the District at this time can reasonably
7 afford, and their general fund spending for
8 operations until recently, for the most part,
9 have not had sufficient restraints placed on
10 it, which has intensified the debt.
11 What I would like to do is just point out
12 the major places in this report that -- that
13 will give you a quick overview of a -- it'll
14 take about 5 minutes to run through the book.
15 If you'll turn behind tab 1 to the page
16 called the Introduction. We -- we placed the
17 District on notice that they are subject to
18 Section 218.50, Florida Statutes, which is the
19 Local Government Financial Emergencies Act, and
20 that considerations of that Act would have to
21 be a part of the problems they're encountering,
22 since they meet conditions that are described
23 in that Act.
24 At the bottom of the page, on that same
25 page, we have pointed out things that we did.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 54
November 23, 1999
1 Our -- our Association normally does -- our
2 organization of management reviews for school
3 districts with the special emphasis on the
4 financial conditions, we added the five bullets
5 you see at the bottom of the page to -- to be
6 more specific in our search in this study.
7 If you'll turn to page 33 of this report,
8 you will see the -- from 1993-94 until 1998-99,
9 the deteriorating condition with regard to the
10 fund balance in the District.
11 At the present time, our estimate is that
12 there is a deficit operating of one million one
13 hundred and eighty-one thousand five hundred
14 thirty-nine dollars in the District.
15 You have on that same page in the bulleted
16 items, the items that the Auditor General's
17 Office have specified in their audit reports
18 back to this school district.
19 One of the more serious of which is the
20 last bullet on that page, which points out that
21 the District did enter into a 10-year loan,
22 which is not provided for in Florida Statutes,
23 and is required to have voter approval in order
24 to do that.
25 If you will turn then to page 67 -- 66, 67,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 55
November 23, 1999
1 68, you will find the Economic Recovery Plan --
2 GOVERNOR BUSH: Just as a -- on page 32 --
3 DR. ROGERS: Yes, sir.
4 GOVERNOR BUSH: -- you asked us to look at
5 33, but 32 had a -- over the '94 to 2000
6 period, there is a 17 percent increase in full
7 time equivalent staff.
8 DR. ROGERS: Yes, sir.
9 GOVERNOR BUSH: What's the student
10 population during that period, what's --
11 DR. ROGERS: It --
12 GOVERNOR BUSH: -- it done?
13 DR. ROGERS: -- it grew very little during
14 that period of time.
15 What was --
16 UNIDENTIFIED SPEAKER: Seven percent.
17 DR. ROGERS: It grew 7 percent, while the
18 staffing increased 17 percent.
19 COMMISSIONER GALLAGHER: The green is the
20 student increase.
21 GOVERNOR BUSH: Okay. Those are --
22 I'm sorry. Got you.
23 DR. ROGERS: Okay.
24 COMMISSIONER GALLAGHER: As a matter of
25 fact, you'll see in the year '99-2000 --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 56
November 23, 1999
1 DR. ROGERS: There are --
2 GOVERNOR BUSH: There's a drop --
3 DR. ROGERS: -- there are charts there that
4 will give you a good picture of this, including
5 charts that will show them in comparison to
6 districts of comparable --
7 GOVERNOR BUSH: Yeah --
8 DR. ROGERS: -- size and experience.
9 GOVERNOR BUSH: They're not at the low end.
10 DR. ROGERS: And --
11 ATTORNEY GENERAL BUTTERWORTH: Can I ask a
12 question, Governor?
13 GOVERNOR BUSH: Yes.
14 DR. ROGERS: -- that will be helpful to
15 you.
16 ATTORNEY GENERAL BUTTERWORTH: Can I just
17 ask: What is your high school graduation
18 percentage, because your population is pretty
19 stable there.
20 What -- what is the -- your high school
21 graduation rate? The state of Florida is about
22 50 percent.
23 DR. ROGERS: Mr. Copeland.
24 COMMISSIONER GALLAGHER: Our most recent is
25 60 percent from last year. And I think that
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 57
November 23, 1999
1 was on one of the charts.
2 ATTORNEY GENERAL BUTTERWORTH: If, in fact,
3 we got that up to 90 percent, they couldn't
4 afford it, could they?
5 So it's almost -- and I have heard this --
6 and I've heard this, not from this county --
7 make that perfectly clear -- I've heard this
8 from other school officials in -- in similarly
9 situated counties, when I ask them about their
10 graduation rate, they say it's about 50 percent
11 or less, but that's a good thing --
12 GOVERNOR BUSH: That's outrageous.
13 ATTORNEY GENERAL BUTTERWORTH: --
14 because --
15 Right. That's what I said.
16 They said because if everybody graduated,
17 we couldn't -- we don't have enough money to
18 keep the kids in school or to build the
19 schools, or -- or the classrooms, or -- or to
20 get the teachers.
21 So that's a real serious situation I think
22 that we have to really address, because a lot
23 of these counties are at the 10 mill cap, get
24 some incentives from that.
25 But -- but I think that as we look at
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 58
November 23, 1999
1 our -- at this whole program, some of these --
2 these school districts, the incentive is almost
3 that that's not a bad thing.
4 I said, but then it -- but then they commit
5 crimes. That's okay. They go down to Miami.
6 That's all right.
7 COMMISSIONER GALLAGHER: Some-- somebody
8 is --
9 GOVERNOR BUSH: Fort Lauderdale.
10 ATTORNEY GENERAL BUTTERWORTH:
11 Fort Lauderdale.
12 COMMISSIONER GALLAGHER: Somebody's
13 actually putting out something that just
14 doesn't make sense, because --
15 ATTORNEY GENERAL BUTTERWORTH: No.
16 COMMISSIONER GALLAGHER: -- they would have
17 additional money if they had additional
18 students, and they would be -- they would have
19 the ability to -- to get that money.
20 ATTORNEY GENERAL BUTTERWORTH: But that's
21 what they -- that's what I'm saying, it's
22 happening.
23 GOVERNOR BUSH: The only issue would be the
24 capital outlay issue probably.
25 ATTORNEY GENERAL BUTTERWORTH: Capital
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 59
November 23, 1999
1 outlay issue, stuff like that.
2 GOVERNOR BUSH: But that's --
3 COMMISSIONER GALLAGHER: They'd -- they'd
4 have the -- they maybe -- have an extra
5 portable or two, but they'd have the --
6 ATTORNEY GENERAL BUTTERWORTH: I think we'd
7 make sure they'd have it. I think we would --
8 COMMISSIONER GALLAGHER: Exactly.
9 ATTORNEY GENERAL BUTTERWORTH: -- make
10 sure -- I think it's -- the message we have to
11 send out, we --
12 GOVERNOR BUSH: Absolutely.
13 ATTORNEY GENERAL BUTTERWORTH: -- we will
14 make sure at the State Board of Education that
15 you will get what you need, I think that's what
16 we have to --
17 GOVERNOR BUSH: In fact, it would help them
18 financially get out of the mess, because it
19 would lower their administrative costs to the
20 number of students that they were serving.
21 DR. ROGERS: In the ensuing portion of this
22 report, we have 48 findings and
23 recommendations, which puts a great deal of
24 detail behind the recommendations we make in
25 summary form.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 60
November 23, 1999
1 But in -- in view of the time of the Board,
2 if you'll look at page 67 with me, we have the
3 items identified that this team that made this
4 study believes would help the District achieve
5 economic stability in the District.
6 It starts there with -- in the practice of
7 courtesy busing, which costs local District
8 funds, and there is no corresponding State
9 revenue. And the list that we present help
10 some areas of savings, and some areas of what
11 we call cost avoidance. If they will stop
12 certain practices, they will avoid incurring
13 those costs.
14 If you'll turn the page to 68, it's kind of
15 in summary fashion --
16 GOVERNOR BUSH: Here it is.
17 DR. ROGERS: -- we have recommended to them
18 specifically a million -- oh, a hundred and
19 eleven thousand seven hundred and sixty-nine
20 dollars that could be saved by -- by enacting
21 the practices that we have recommended on
22 that -- on that plan.
23 We did put special notes that I do call
24 your attention to on page 69. And particularly
25 I'll point out number 2. At the present time,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 61
November 23, 1999
1 the District has about $650,000 in invoices for
2 which it has no available cash.
3 GOVERNOR BUSH: That's over and above the
4 million one?
5 DR. ROGERS: Yes, sir.
6 GOVERNOR BUSH: Rut, roh.
7 COMMISSIONER GALLAGHER: Pretty bad.
8 GOVERNOR BUSH: So that the actual deficit
9 in terms of contingent -- on a --
10 DR. ROGERS: Will --
11 GOVERNOR BUSH: -- policy basis --
12 DR. ROGERS: -- likely be about 2 million
13 dollars by the end of this year --
14 GOVERNOR BUSH: On a 12 million dollar
15 budget.
16 COMMISSIONER GALLAGHER: Right.
17 DR. ROGERS: Yes, sir. That is correct.
18 GOVERNOR BUSH: Man.
19 COMMISSIONER GALLAGHER: I might point out
20 that one of the -- one of the things that
21 caused this is that -- and we have people
22 pointing at each other -- and it is that there
23 was added to the books a credit for a grant
24 from the State of about seven hundred -- six to
25 seven hundred thousand dollars that was
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 62
November 23, 1999
1 nonexistent, should never have been put there,
2 and so they started spending against a -- a
3 nonexistent grant of dollars.
4 And now there's a bunch of finger pointing
5 as to who said to do it, and who authorized it,
6 and who did it. But the finance director, who
7 was there when it happened, who did do it,
8 whether he was told to do it or did it on his
9 own, I don't know. But he is no longer there.
10 DR. ROGERS: The budget -- and -- the
11 budget and finance officer and the
12 superintendent worked together to establish
13 what are -- or to enact whatever budget
14 controls that existed in the District.
15 The finance officer left the District in
16 September I believe it was, and they hired a
17 new finance officer the beginning of October.
18 And this new finance officer has been
19 struggling to establish a budget and finance
20 system for the District.
21 To point out just one example of the
22 personnel, we have behind a tab that you have
23 in your book a staffing plan. If you will just
24 look at one page, I can give you an example of
25 that. It's page 23 of that staffing plan.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 63
November 23, 1999
1 On page 23, we -- we did a staffing study.
2 And a staffing study is a determination of what
3 is reasonable under a formula system for a
4 school to have in the way of staff to serve the
5 students in that school.
6 Using a reasonable and fairly liberal
7 formula, we applied it to the three schools in
8 Union County, and we show that there are
9 approximately 15 teachers beyond what a formula
10 would earn for that school. If you multiplied
11 15 times about $35,000, which is about the
12 salary and fringe costs, then you have a large
13 part of -- of the overspending that's occurring
14 in the District.
15 That's just one example. There are a
16 number of examples in the staffing plan that
17 you can look for reference.
18 I'll give way at this point, Governor.
19 GOVERNOR BUSH: Thank you.
20 Commissioner, any comments?
21 COMMISSIONER GALLAGHER: No. I just wanted
22 to bring the Board this information as soon as
23 we got it. And as you know, they released this
24 to the Superintendent last evening.
25 And I thought it should be brought to us
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 64
November 23, 1999
1 rather than wait a couple weeks, because this
2 is a -- is a pretty large percentage of deficit
3 that needs to be taken care of right away.
4 And I'm hoping that the Superintendent and
5 School Board will agree to a -- an -- an active
6 management agreement with the Superintendent's
7 Association to help them with this problem and
8 get -- get a resolution to it.
9 DR. ROGERS: We offer our services.
10 COMMISSIONER GALLAGHER: Thank you very
11 much.
12 DR. ROGERS: Thank you, sir.
13 COMMISSIONER GALLAGHER: I thank you for
14 letting us --
15 GOVERNOR BUSH: Sure.
16 COMMISSIONER GALLAGHER: -- present this.
17 GOVERNOR BUSH: Attorney General
18 Butterworth pointed out that this school
19 district has the number of students that is
20 roughly half of Holmes Braddock High School in
21 southwest Miami, with a significant
22 administrative overhead apart from the overhead
23 at the school itself.
24 And while the Constitution probably doesn't
25 allow this, at some point maybe it would make
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 65
November 23, 1999
1 sense -- there's some talk about cutting school
2 districts in the large urban areas. It may
3 make sense to looking at setting up some kind
4 of creative way of dealing with this overhead
5 issue in the rural areas where they have
6 diseconomies.
7 COMMISSIONER GALLAGHER: Well, in -- in
8 regards to that, there -- there is something
9 you need to take into consideration. There are
10 three areas. One's called Pace, which is west
11 Florida; and there's northeast Florida; and
12 heartland Florida, where approximately 12 to
13 16 districts do coordinate a large number of
14 administrative functions in those --
15 GOVERNOR BUSH: Is one of them --
16 COMMISSIONER GALLAGHER: -- three groups.
17 Those three groups have 12 to 16 --
18 GOVERNOR BUSH: Is Union one of them?
19 COMMISSIONER GALLAGHER: Union, yes,
20 they're in the northeast group.
21 And -- so there's a lot of computer
22 services and financial services that are
23 available to them from that consortium.
24 ATTORNEY GENERAL BUTTERWORTH: But they may
25 be joining larger consortiums. Because --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 66
November 23, 1999
1 because even if you put six of those counties
2 together, you're only going to have two
3 Holmes Braddocks.
4 COMMISSIONER GALLAGHER: Right. And one
5 Flanagan. Half of Flanagan.
6 ATTORNEY GENERAL BUTTERWORTH: Half of
7 Flanagan in Broward County.
8 But the thing is that if we were to -- if
9 they were to give more of it to Duval, buying a
10 program, I think you might see a lot of the
11 costs down, and a lot of the other efficiencies
12 of scale.
13 COMMISSIONER GALLAGHER: Well, I think they
14 do pretty good on their -- on their -- in those
15 Pace -- the consortiums do help them with
16 purchasing, and do help them with, in some
17 cases, the personnel services, and other --
18 they offer them, counties can take them or not.
19 So they have done a lot of it.
20 Now, that doesn't eliminate school board
21 costs and superintendent costs, and immediate.
22 But if you look, there's not a lot of personnel
23 in administration in these small districts.
24 They're pretty small operations.
25 Could -- could they, you know, get
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 67
November 23, 1999
1 together? Sure. But then you're starting to
2 step into --
3 GOVERNOR BUSH: Well, that organizational
4 chart --
5 COMMISSIONER GALLAGHER: -- splitting up a
6 big county.
7 GOVERNOR BUSH: That organizational chart
8 could serve as -- five times as many students
9 is all --
10 COMMISSIONER GALLAGHER: No doubt.
11 GOVERNOR BUSH: -- I'm saying. And that's
12 the -- that's -- and there's not much that they
13 can do about that. They still have to provide
14 these services. And if they shared that over a
15 larger number of students, it would help.
16 Then there's, of course, the point of
17 diminishing returns where it goes backwards, in
18 my opinion, where you get such size that these
19 organizations become inward looking, and hence
20 the calls for splitting up the districts. We
21 kind of have it both ways.
22 Onward.
23 MR. PIERSON: Item 2 is adoption of a tenth
24 supplemental authorizing resolution for
25 seventy-five million three hundred thousand
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 68
November 23, 1999
1 State of Florida capital outlay bonds.
2 GOVERNOR BUSH: Is there a motion?
3 COMMISSIONER GALLAGHER: Motion.
4 COMMISSIONER CRAWFORD: Second.
5 GOVERNOR BUSH: Moved and seconded.
6 Without objection, it's approved.
7 MR. PIERSON: Item 3 is an amendment to
8 Rule 6A-14.030 --
9 (Treasurer Nelson exited the room.)
10 MR. PIERSON: -- Instruction and Awards in
11 Community Colleges.
12 GOVERNOR BUSH: Motion?
13 COMMISSIONER GALLAGHER: Motion.
14 ATTORNEY GENERAL BUTTERWORTH: Motion.
15 COMMISSIONER CRAWFORD: Second.
16 GOVERNOR BUSH: Moved and seconded.
17 Without objection, it's approved.
18 MR. PIERSON: We recommend Item 4 be
19 deferred.
20 GOVERNOR BUSH: Motion to defer?
21 COMMISSIONER GALLAGHER: Motion to defer.
22 COMMISSIONER CRAWFORD: Second.
23 GOVERNOR BUSH: Moved and seconded.
24 The item -- without objection, the item's
25 deferred.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 69
November 23, 1999
1 MR. PIERSON: Thank you.
2 (The State Board of Education Agenda was
3 concluded.)
4 * * *
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 70
November 23, 1999
1 GOVERNOR BUSH: Trustees of the Internal
2 Improvement Trust Fund.
3 Secretary Struhs, how are you doing?
4 MR. STRUHS: Thank you, sir.
5 GOVERNOR BUSH: Is there a motion on the
6 minutes?
7 COMMISSIONER GALLAGHER: Motion on the
8 minutes.
9 COMMISSIONER CRAWFORD: Second.
10 ATTORNEY GENERAL BUTTERWORTH: Second.
11 SECRETARY HARRIS: Second.
12 GOVERNOR BUSH: Moved and seconded.
13 Without objection, it's approved.
14 MR. STRUHS: I'd like to ask for a little
15 indulgence and -- and take this opportunity to
16 introduce the Department's new General Counsel,
17 who has just started.
18 And if you all would come forward.
19 Teri Donaldson is going to be our new
20 General Counsel. She is succeeding Perry Odom.
21 And Perry's also here.
22 And, Perry, would you stand up.
23 You have all gotten to know Perry over
24 these last several years. In my opinion, he
25 has served the State of Florida extremely well.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 71
November 23, 1999
1 We wanted to thank him publicly for his
2 service. And as a testament to his
3 professionalism, he's agreed to stay on for a
4 couple of weeks and make sure we have a very
5 smooth transition here.
6 So when you look for legal opinions from
7 the Department, we thank Perry for what he's
8 done, and we thank Teri in advance for what
9 she's going to do.
10 Thank you.
11 GOVERNOR BUSH: Teri, welcome aboard.
12 MS. DONALDSON: Thank you.
13 MR. STRUHS: Also I watched from the
14 television monitors the resolution for our
15 former employee, Pete Mallison, former Director
16 of the Division of State Lands, and wanted to
17 add my own personal thanks to the Cabinet for
18 making that -- making that happen. It was well
19 deserved.
20 The second item -- Substitute Item
21 Number 2, we're recommending a deferral.
22 COMMISSIONER GALLAGHER: Motion to defer.
23 GOVERNOR BUSH: Moved and seconded to
24 defer.
25 Without objection, it's approved.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 72
November 23, 1999
1 MR. STRUHS: And the same for Substitute
2 Item 3, we're --
3 COMMISSIONER GALLAGHER: Motion to defer.
4 MR. STRUHS: -- recommending deferral.
5 COMMISSIONER GALLAGHER: Motion to defer.
6 GOVERNOR BUSH: Item 3 is to defer as well?
7 MR. STRUHS: Yes, sir.
8 GOVERNOR BUSH: Is there a second?
9 ATTORNEY GENERAL BUTTERWORTH: Second.
10 SECRETARY HARRIS: Second.
11 GOVERNOR BUSH: Moved and seconded.
12 Without objection, it's deferred.
13 MR. STRUHS: Item Number 4, I'd like to tee
14 this one up, if I -- if I might.
15 You'll recall one of the things that we did
16 early on in this administration, with -- with
17 Pete Mallison's help, is we undertook what I
18 would call the first generation of streamlining
19 of our land acquisition programs. We did a
20 number of things, like eliminating appraisal
21 reviews for certain small items, eliminating
22 the need for a second appraisal on sort of
23 medium level items.
24 Those have already had a positive effect in
25 terms of saving the State money and saving the
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 73
November 23, 1999
1 State time.
2 This agenda item seeks to take this to the
3 second generation in utilizing authority under
4 Florida Statutes, specifically
5 Section 259.041--
6 (Treasurer Nelson entered the room.)
7 MR. STRUHS: --(1). It allows the
8 Department to seek other reasonably prudent
9 procedures for land acquisition. And that's
10 precisely what we're trying to do here.
11 We're seeking to delegate certain
12 authorities to the Director of the Division of
13 State Lands, or her designee, to implement
14 quick response acquisition processes to acquire
15 properties that are lying at least partially
16 within an approved project boundary, or are
17 already on an agency acquisition list, and that
18 are determined to be what we are calling
19 opportunity purchases.
20 We're recommending approval on that item.
21 COMPTROLLER MILLIGAN: Governor, if I may.
22 GOVERNOR BUSH: Yes.
23 COMPTROLLER MILLIGAN: A couple of items
24 that I think are important in terms of -- first
25 of all, I think it's a great idea, and I'm glad
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 74
November 23, 1999
1 that we are moving forward with this
2 opportunity purchase, or -- or quick
3 purchase -- quick acquisition process.
4 With a revolving fund, I -- I think it's
5 prudent to have a cap on a revolving fund.
6 And, you know, I did a -- a quick analysis of
7 the history of what might have been quick
8 purchases in -- on an annual basis, and -- and
9 just came up with a number of -- of 5 million
10 dollars on the revolving fund cap for the --
11 for the total year.
12 That's obviously my analysis, and it may
13 not be the -- the right number. But at least
14 it is a starting number as a cap.
15 I think it's also important that in
16 purchase of State lands, that we continue to
17 remember that we get things out in the
18 sunshine, and that opportunity purchases after
19 they have been executed or -- or in the process
20 of being executed, be brought to the -- to the
21 Cabinet and Governor so that there is sunshine
22 on -- on the land purchases, even though they
23 may to the -- be to the best advantage of the
24 State to be done on this opportunity basis.
25 It's also important from my role as the
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 75
November 23, 1999
1 Comptroller that we have an agreement with the
2 Department -- and I know we're working on
3 this -- but that no purchases would be
4 undertaken until we have approved the internal
5 controls, and that we have approved the audit
6 criteria for the postaudit process that we are
7 putting in place in the state.
8 And so I -- I would move -- move the item
9 on the basis of a revolving fund cap. I throw
10 out 5 million, that the -- all these
11 opportunity purchases would be brought to the
12 Cabinet after they have been enacted or
13 effected, and that no purchases be accomplished
14 until we get the internal controls and the
15 audit criteria in place.
16 COMMISSIONER GALLAGHER: I'd like to -- to
17 discuss adding one other criteria to that, and
18 that would be that our offices are notified
19 that they are about to do one of these. That
20 takes about 5 minutes. All they have to do is
21 just call us and let us know it so that we are
22 informed of these special purchases.
23 COMPTROLLER MILLIGAN: And I would
24 certainly think that's a prudent addition to
25 the -- to the motion.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 76
November 23, 1999
1 GOVERNOR BUSH: There's a motion with a
2 series of amendments, which, David, you've got
3 down, I hope.
4 MR. STRUHS: I do.
5 GOVERNOR BUSH: Is there a second?
6 COMMISSIONER GALLAGHER: Second.
7 GOVERNOR BUSH: Can I -- David --
8 MR. STRUHS: Yes, sir.
9 GOVERNOR BUSH: -- the cap on the dollar
10 amount of 5 million dollars, what -- how does
11 that --
12 MR. STRUHS: That'll --
13 GOVERNOR BUSH: -- suit you?
14 MR. STRUHS: That works for us.
15 GOVERNOR BUSH: Does it?
16 COMMISSIONER GALLAGHER: Yeah. The one --
17 MR. STRUHS: Yes, sir.
18 COMMISSIONER GALLAGHER: -- the only one I
19 can remember that was bigger was Topsail, which
20 was 20 million. And that was quite unusual
21 purchase.
22 GOVERNOR BUSH: You're comfortable with
23 that?
24 MR. STRUHS: I believe it's appropriate.
25 COMPTROLLER MILLIGAN: And we can certainly
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 77
November 23, 1999
1 revisit it as we get smarter with it. If we
2 need to raise the cap, we can do it.
3 GOVERNOR BUSH: Okay. Well, the -- the --
4 the amendments to what you're proposing include
5 the cap of 5 million dollars, present to the
6 Cabinet afterwards, accounting and auditing
7 procedures that will ensure that there are
8 internal controls in the Department --
9 MR. STRUHS: Right.
10 GOVERNOR BUSH: -- and that the
11 Comptroller's office is satisfied with --
12 MR. STRUHS: Yes.
13 GOVERNOR BUSH: -- the inner working --
14 COMPTROLLER MILLIGAN: And we're -- and
15 we're working that --
16 GOVERNOR BUSH: And that there's a review
17 in advance, or a notification in advance,
18 informal.
19 COMMISSIONER GALLAGHER: To the -- to the
20 Cabinet offices.
21 GOVERNOR BUSH: To the Cabinet officers.
22 COMPTROLLER MILLIGAN: We're working those
23 procedures now, and -- and we just ask that
24 nothing be done until those procedures are in
25 place. And that's part of the --
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 78
November 23, 1999
1 GOVERNOR BUSH: All right.
2 COMPTROLLER MILLIGAN: -- amendment to
3 the --
4 GOVERNOR BUSH: There's a motion and a
5 second with the amendments.
6 Are there any other comments?
7 Without objection, it's approved.
8 Thank you, David, for --
9 MR. STRUHS: Thank you.
10 GOVERNOR BUSH: -- this effort. I hope,
11 and I believe it will yield a better return for
12 the State.
13 MR. STRUHS: Thank you for your confidence
14 and the support.
15 We will also make a point of coming back in
16 a -- in a year's time and provide you an
17 overview in terms of how we think it's working
18 and -- and give you the facts for your review.
19 Item Number 5 is -- we're recommending
20 approval of an item on behalf of the Department
21 of Children and Family Services. They are
22 seeking approval for a 35-year sublease between
23 their Department and Noor Investment
24 Corporation.
25 Also seeking your approval to award this
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 79
November 23, 1999
1 sublease to Noor Investment Corporation without
2 conducting a -- another competitive bid.
3 And, third, to request your approval of a
4 declaration of restrictions limiting the use of
5 the property to a warehouse and shipping
6 distribution center.
7 COMMISSIONER GALLAGHER: I'd just like to
8 point out, just so that we realize what we're
9 doing here.
10 This is about -- this is a 35-year contract
11 that comes to about 85 cents a foot, locked in
12 for 35 years. And, yes, they are going to have
13 to renovate for 2 million dollars, but that
14 would add about 18 cents a foot to that lease.
15 Still sitting at about a dollar a foot for
16 35 years.
17 I mean, that may be the best deal we can
18 get, but we ought to at least realize that when
19 we go into it. That's -- and I know that you
20 appraised it right now, and that's fine. The
21 appraisal is based on this year.
22 But I didn't see any escalation or anything
23 to go out 35 years. And I can tell you that --
24 at 1 percent a year, 35 years, that's a
25 tremendous -- that would at least get you to a
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 80
November 23, 1999
1 dollar thirty-five.
2 And I don't see that here. And I'm
3 wondering why we don't have any -- at least
4 a -- something for inflation in this contract.
5 MR. STRUHS: Right. Good questions.
6 Happily, this is not a land conservation
7 issue, so -- so I don't have -- I don't have
8 the firsthand familiarity with it. But we are
9 fortunate to have Mr. Knepper here from the
10 managing agency, the agency that actually holds
11 title to the land.
12 And he is prepared to address those issues.
13 MR. KNEPPER: Governor, distinguished
14 members of the Board.
15 This -- the Department has been trying to
16 sublease this space since probably about
17 mid-1993, 1994. I'm sure some of you have
18 already read the background where we had
19 actually subleased this company -- to a company
20 called Agripost, had gotten zoning changes to
21 allow them to operate a solid waste recycling
22 facility there.
23 That zoning was then terminated by
24 Miami-Dade County, and that facility just --
25 basically just has been standing there since
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 81
November 23, 1999
1 that period of time.
2 No -- Agripost filed for bankruptcy in
3 1994. The Department's been trying to find
4 somebody to occupy that space since that time.
5 We have actually gone out and advertised in
6 newspapers, in the Florida Administrative
7 Weekly, and we were never able to come up with
8 a -- somebody who would be able to agree to the
9 terms that the Department felt was appropriate.
10 As a result, the Department, in working
11 with a real estate agent, have come up with
12 this Noor Investments. And in 1996, we
13 actually had appraisals performed to determine
14 what the true rental value -- or what the
15 rental value of that property should be.
16 We were given -- the appraisals ranged from
17 160,000 to 245,000. This particular sublease
18 will bring in about an average over the full
19 term of around 220,000 a year.
20 So we feel it's appropriate. They are
21 going to be providing us a minimum of six
22 positions for our clients at the Community of
23 Landmark Education and Education Training
24 Opportunities.
25 They will be also providing continued
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 82
November 23, 1999
1 maintenance and care of that facility, and they
2 will have to provide a lot of security, because
3 it is subject to vandalism.
4 So we feel it's an appropriate sublease,
5 and it's something that we've been trying to
6 get for several years.
7 Any questions?
8 GOVERNOR BUSH: Commissioner.
9 COMMISSIONER GALLAGHER: Well, two
10 questions.
11 First of all, the estimate on the appraisal
12 is three years old for your hundred and
13 sixty-two forty-five. And I'm not -- I'm going
14 to -- not going to argue at this point on -- on
15 the amount of the lease per year today. But I
16 can't see how you justify 35 years at this --
17 at today's rates.
18 Why -- I mean, how do we do that?
19 MR. KNEPPER: We have an escalation --
20 there are actually five-year periods. There
21 are -- it starts off at 60 -- roughly 60 cents
22 a square foot, and escalates to eighty some
23 cents a square foot at the end of the 35 --
24 each -- there are seven five-year periods
25 during the 35 years.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 83
November 23, 1999
1 COMMISSIONER GALLAGHER: Well, then maybe I
2 need to understand something.
3 How much is -- how much is the lease amount
4 the first year?
5 MR. KNEPPER: It's going to average about a
6 hundred and nine-- I believe it's a hundred and
7 ninety-five, hundred and ninety-six thousand a
8 year the first year.
9 COMMISSIONER GALLAGHER: The -- period
10 one --
11 MR. KNEPPER: For the first five years,
12 that is correct.
13 COMMISSIONER GALLAGHER: Why do I see that
14 the first 180 days, it's free --
15 MR. KNEPPER: We have -- we --
16 COMMISSIONER GALLAGHER: -- period two --
17 So period one basically is zero, period two --
18 MR. KNEPPER: The first six months is free,
19 because they are spending a lot of front-end
20 money -- the 2 million to get the facility
21 renovated and to get in operation.
22 Then the -- there is -- then there are
23 five-year periods after that for the remaining
24 of the term. The first five-year period where
25 they pay, beginning at the 181st day, is for
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 84
November 23, 1999
1 60 cents a square foot for five years, and it
2 escalates from there.
3 COMMISSIONER GALLAGHER: Then the next
4 five years, it --
5 MR. KNEPPER: Each five --
6 COMMISSIONER GALLAGHER: -- goes up 3 more
7 cents.
8 MR. KNEPPER: That's correct.
9 COMMISSIONER GALLAGHER: The next one,
10 3 more cents; 3 more cents; 3 more cents.
11 So the -- the rental term of 300 months, or
12 25 years at that point, were spent -- they're
13 going to be paying 72 cents a square foot. And
14 so what -- what kind of inflation numbers are
15 we using here?
16 MR. KNEPPER: These --
17 COMMISSIONER GALLAGHER: Three percent a
18 year?
19 MR. KNEPPER: I -- I'm not --
20 COMMISSIONER GALLAGHER: Not 3 percent a
21 year, 3 percent in a five-year --
22 MR. KNEPPER: Right.
23 COMMISSIONER GALLAGHER: -- period.
24 MR. KNEPPER: Right.
25 We have -- we have a representative from
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 85
November 23, 1999
1 Noor Investments here, Mr. Howard Nelson, who
2 is the attorney representing Noor Investments
3 is here; and Linda Wells from our District 11
4 office is here, could talk about the specifics
5 of the -- the agreements and the negotiations
6 that occurred possibly in the District.
7 But we feel this is appropriate, because
8 we've been trying for so many years to try and
9 find somebody to occupy this property.
10 GOVERNOR BUSH: Is this a net lease?
11 MR. KNEPPER: Excuse me, sir?
12 GOVERNOR BUSH: Is this is a pure net
13 lease?
14 COMMISSIONER GALLAGHER: Yes.
15 MR. KNEPPER: Yes.
16 GOVERNOR BUSH: Okay.
17 COMMISSIONER CRAWFORD: Governor, if I
18 could, just -- I was aware of this property
19 being vacant, in fact -- it had been vacant so
20 long, and a not for profit had contacted me
21 to -- to rent it. And that was going to be --
22 I was going to -- prepared to bring that to the
23 Cabinet. That was going to be $10 a year net.
24 So I was really --
25 GOVERNOR BUSH: Ten dollars per foot?
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 86
November 23, 1999
1 COMMISSIONER CRAWFORD: No, $10 total for a
2 not for profit. So this is --
3 GOVERNOR BUSH: Compared to --
4 COMMISSIONER CRAWFORD: -- this is
5 substantially over what I was going to bring.
6 I was pretty impressed with myself.
7 SECRETARY HARRIS: There was another one.
8 It was fifteen.
9 COMMISSIONER CRAWFORD: Is that right?
10 GOVERNOR BUSH: Commissioner Gallagher, any
11 other questions?
12 COMMISSIONER GALLAGHER: You wanted to tell
13 us how you came up with --
14 MR. NELSON: Thank you.
15 Mr. Commissioner, Howard Nelson with the
16 law firm of Bilzin, Sumberg, Dunn, Price &
17 Axelrod in Miami.
18 The terms of the lease as they're set forth
19 over the five-year periods reflect what we
20 believe to be the market conditions currently
21 in Dade County for a property of that size,
22 that condition, and in that location.
23 The escalation clause was an agreed upon
24 clause for a long-term lease. I believe one of
25 the -- the issues for the Department was some
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 87
November 23, 1999
1 security, that there would be a tenant in
2 place. They had obviously a bad experience
3 with their -- their prior sublessee.
4 They wanted to make sure, not only that it
5 was a use that could go in, but a use that
6 would be compatible for a long-term period.
7 And that was, again, as I said, the negotiated
8 terms.
9 COMMISSIONER GALLAGHER: Now, this -- this
10 building is going to be used as a
11 distribution -- distribution point for
12 materials?
13 MR. NELSON: That is correct,
14 Mr. Commissioner.
15 COMMISSIONER GALLAGHER: And the -- this is
16 a pretty good deal for a distribution
17 warehouse. The -- I doubt there's another --
18 another deal like this anywhere else in the
19 state. You can't do it -- you couldn't do
20 it -- you couldn't build it with your own
21 money, you couldn't rent the property.
22 I mean, it's just -- it's an -- it's an
23 awesome deal, and for distribution in an area
24 that's very important. I'm -- recognizing
25 that's a different use than what anybody
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 88
November 23, 1999
1 thought it was used for, there may be some
2 other people that would be interested in doing
3 this. I -- you know, I'm sort of at the end of
4 the road here.
5 But many major companies look for
6 distribution warehouses this size, that you can
7 use it for this. And I'm just -- when you
8 consider the use that we're allowing this
9 company to use it for, there is a lot of
10 opportunity that maybe other companies would --
11 if they realize that this is what it could be
12 used for, would have been interested in it, as
13 opposed to a, you know, charitable thing.
14 So it's --
15 MR. NELSON: Mr. Commissioner --
16 COMMISSIONER GALLAGHER: -- questions I'm
17 asking.
18 MR. NELSON: -- the -- and I'll take that
19 as a question and -- and respond to it if -- if
20 you would like --
21 COMMISSIONER GALLAGHER: Sure.
22 MR. NELSON: -- Mr. Commissioner.
23 That is an excellent deal for a
24 distribution facility with good access in good
25 condition, neither of which characterizes this
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 89
November 23, 1999
1 property.
2 It does not have what I would consider to
3 be desirable access, which was why during the
4 period from -- I believe the former sublessee
5 moved out in '91 or '92, or stopped paying rent
6 at least at that point.
7 Why the property has been vacant, it is not
8 the ideally suited property for any type of
9 real business use.
10 COMMISSIONER GALLAGHER: Well, but if --
11 if -- for 2 million dollars, it will be.
12 MR. NELSON: For 2 million dollars and the
13 lease terms, we'll -- we'll deal with -- with
14 the -- the access issues.
15 MS. WELLS: Mr. Commissioner, I'm
16 Linda Wells. I'm the Acting District Legal
17 Counsel for District 11 of the Department of
18 Children and Families.
19 This is our facility in Dade County, and
20 it's been empty for quite a number of years.
21 I'd like to just take a moment to tell you our
22 viewpoint of why we want to go through with
23 this lease.
24 We've had a facility that has produced no
25 income for a large -- a significant number of
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 90
November 23, 1999
1 years. The income from this facility will be
2 used by the Community of Landmark. These are
3 mentally disabled individuals.
4 Our viewpoint is two-fold: First of all,
5 we desperately need the money there that is
6 going to go directly to mentally disabled
7 people at that facility.
8 Not only that, this lease offer -- and we
9 had to look toward the kind of leasing that we
10 were going to do.
11 Our -- one of our primary purposes here was
12 to have a sublessee which would provide job
13 opportunities for mentally disabled
14 individuals.
15 I will tell you that we have been trying to
16 lease the fac-- this facility for years and
17 years and years. We had a few entities that
18 approached us for -- three or four years ago,
19 but they weren't the kind of industry that
20 could -- could employ mentally disabled
21 individuals.
22 Noor has guaranteed us six positions for
23 work, and to pay our employees, these
24 individuals, mentally handicapped people,
25 guaranteed six positions with pay.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 91
November 23, 1999
1 COMMISSIONER GALLAGHER: At minimum wage.
2 MS. WELLS: In any wage for these
3 individuals, who are very limited in their
4 capabilities to work. To have jobs right there
5 next to where they live is highly critical to
6 us.
7 And -- and a good faith promise, depending
8 on their mental capabilities, to employ up to
9 20 of them is significant.
10 So that to us was a significant factor
11 here.
12 The other significant factor was the fact
13 that we will be getting now, within
14 six months -- my understanding of this
15 six-month from our negotiating position in the
16 District was, we had to get a rezoning to do
17 this.
18 Noor came up and put their dollars on the
19 table, $150,000 already to get the zoning --
20 rezoning that was necessary to do anything with
21 this property.
22 You have to understand, this thing has
23 been -- it's a shell. It's a wreck.
24 COMMISSIONER GALLAGHER: Well, I understand
25 all that.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 92
November 23, 1999
1 MS. WELLS: So they've actually got the
2 zoning now so that we can start generating some
3 real dollars that are going to -- $200,000 a
4 year in Landmark's pocket now, after six or
5 seven years of zero income, is an excellent,
6 excellent deal for us, plus they're putting
7 2 million dollars on the table right now to
8 renovate this facility, which, of course, is
9 going to benefit them in the lease term.
10 COMMISSIONER GALLAGHER: Normal leasehold
11 improvements. This isn't any big deal in a
12 real estate deal.
13 What -- what I -- and -- and zoning changes
14 aren't any big deal in a real estate deal. But
15 if -- if you did the zoning changes --
16 MS. WELLS: I would have to normally do
17 those.
18 COMMISSIONER GALLAGHER: -- or if you said
19 that -- that you'd put it out to bid based on
20 somebody doing zoning changes, and somebody
21 doing leasehold improvements, I can't imagine
22 that you wouldn't get more than a dollar a
23 square foot.
24 MS. WELLS: So far we haven't had any luck
25 in getting anyone on -- to do that --
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 93
November 23, 1999
1 COMMISSIONER GALLAGHER: But --
2 MS. WELLS: -- to actually --
3 COMMISSIONER GALLAGHER: But --
4 MS. WELLS: -- do the zoning for us.
5 COMMISSIONER GALLAGHER: -- but it was
6 always out there -- it was always out there
7 with a different picture on it. It wasn't out
8 there with a zoning change possibility.
9 You know, I'm not -- I'm not going to try
10 to stop the thing. I'm just pointing out that
11 I -- when you have people from Children and
12 Families doing real estate deals, I'm not sure
13 that the State comes out best in it. We ought
14 to have real estate people doing real estate
15 deals.
16 And that's --
17 GOVERNOR BUSH: Any other comments?
18 COMMISSIONER CRAWFORD: I'd like to move
19 the item, Governor.
20 SECRETARY HARRIS: Second.
21 GOVERNOR BUSH: There's a second.
22 Before we vote, I want to make sure that
23 everybody knows that while legally I could vote
24 on this, I'm going to abstain since my
25 former -- one of my former businesses was the
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 94
November 23, 1999
1 broker of record I believe for the buyer on
2 this. And so I'm abstaining.
3 Are there -- any objections?
4 It's approved.
5 Item 6.
6 MR. STRUHS: Item 6, we're requesting a
7 deferral, please.
8 COMMISSIONER GALLAGHER: Move to defer.
9 ATTORNEY GENERAL BUTTERWORTH: Second.
10 GOVERNOR BUSH: There's a motion and a
11 second to defer.
12 Without objection, it's deferred.
13 MR. STRUHS: And that concludes our agenda.
14 GOVERNOR BUSH: Thank you very much.
15 (The Board of Trustees of the Internal
16 Improvement Trust Fund Agenda was concluded.)
17 * * *
18 (The Cabinet meeting was concluded at
19 11:00 a.m.)
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
95
November 23, 1999
1 CERTIFICATE OF REPORTER
2
3
4
5 STATE OF FLORIDA:
6 COUNTY OF LEON:
7 I, LAURIE L. GILBERT, do hereby certify that
8 the foregoing proceedings were taken before me at the
9 time and place therein designated; that my shorthand
10 notes were thereafter translated; and the foregoing
11 pages numbered 1 through 94 are a true and correct
12 record of the aforesaid proceedings.
13 I FURTHER CERTIFY that I am not a relative,
14 employee, attorney or counsel of any of the parties,
15 nor relative or employee of such attorney or counsel,
16 or financially interested in the foregoing action.
17 DATED THIS 3RD day of DECEMBER, 1999.
18
19
20 LAURIE L. GILBERT, RPR, CCR, CRR, RMR
100 Salem Court
21 Tallahassee, Florida 32301
850/878-2221
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
|
Cabinet
Affairs
