Posted Wed, Dec 07, 2011 at 06:12 pm

By Steve Newborn (Send E-Mail)

TAMPA (2011-12-7) –

Hillsborough County Commissioners have voted to ban the use of slot machine-like devices at those “Internet Cafes” that have popped up recently around the county. The legality of their move, however, could be a gamble.

You might have seen them recently: those brightly-lit storefronts emblazoned with the words “Allied Veterans” and “Internet Sweepstakes.” Backers say they’re a pleasant diversion, a way to while away some time in a social setting. Opponents claim they feed an addiction to gambling.

Among the people in the latter camp is Hillsborough Commissioner Sandra Murman:

“I believe they are predidatory operations that are located in areas where elderly live and poor people live,” Murman told her fellow commissioners. “And every loss of a dollar by a citizen costs our county programs and our community, and puts dollars in the pockets of out-of-state owners, where the services are located.”

Several dozen people showed up at the commission meeting wearing bright yellow
“Don’t shut down our internet cafe” shirts. They included people who make a living at the cafes and those, like Melissa Barfield, who get donations from the money generated by the players.

She’s with the Children’s Cancer Cooperative of Summerville, South Carolina, and traveled to Tampa for the meeting.

“Internet cafes – they donate to us,” she says. “We get a percentage of their weekly revenue, comes to Children’s Cancer Cooperative. In turn, I turn around and I give this money back to the state of Florida. We have donated almost $2 million just alone in Florida this year.”

It’s unclear legally whether the cafes can be called gambling houses. That should lie with the state legislature, which may be called on during the upcoming session to rule on whether these places should be regulated.

So county attorneys took the extra step of walking in an undercover Sheriff’s deputy, who wore a black hood while giving his testimony.

“We had an undercover session with one of the salesman that sells the software, and he advised us that we could have the odds set at whatever we wanted them set to,” said Deputy Anthony Bordenaro.

He says he also witnessed what appears to be complusive gambling behavior.

“We had observed one lady come in and spend $350,” Bordenaro told commissioners, “and lost her $350 within about a 30-minute period.”

But Andrew Sash, who manages an internet cafe in Tampa, says people can come in and don’t have to spend a dime to enjoy some time with friends.

“You’re making a major decision on people’s choice. And it’s very important that we understand they choose to come to our place and enjoy themselves,” says Sash. “We need to not look at shutting down local business, but we need to look at supporting our local businesses that are supporting their families, and help them grow.”

Board members then voted 5 to 2 to ban the use of simulated slot machines using the Internet to set odds. The move came after Commissioner Victor Crist instead pushed for a moratorium on new cafes opening, preferring to wait until the legal picture becomes a little clearer.

“We just keep speculating on is this machine a gambling machine? Is this not a gambling machine? Is this gambling or is it not gambling?,” asked Crist. “Well, the bottom line is we can go on arguing and debating this, but it isn’t our decision to make. It’s the court’s decision. It’s the legislature’s decision. And if the legislature fails to act, then the courts must act.”

Commissioner Mark Sharpe agreed, saying the board had to be very careful, lest they end up gambling with taxpayer’s dollars on a legal challenge.

By MIKE SALINERO | The Tampa Tribune

Published: December 04, 2011

TAMPA Internet sweepstakes cafés are spreading across Hillsborough County like crabgrass, a concern to county officials who consider the cafés illegal gambling parlors.

But county commissioners also are worried about lawsuits, which is why a majority may vote against banning the cafés when the matter comes up for a public hearing Wednesday.

“I’m leaning toward legally what we can uphold,” Commissioner Mark Sharp said. “I just don’t want the county to be on the losing side of a court battle.”

The legality of the sweepstakes games is in dispute because state law is vague concerning what constitutes a slot machine. Operators of the cafés say they are offering a chance at cash prizes to customers who buy Internet time. Though the players see a slot machine on their computer screen, the winning number is predetermined, supporters of the cafés say.

But the Hillsborough County Sheriff’s Office considers the computerized games slot machines, which are not legal outside of approved venues, such as the Seminole Hard Rock Café. A recent opinion on the issue by State Attorney General Pam Bondi supported that view.

“From my perspective — and Pinellas County pretty much agrees — these devices fit under the definition of slot machines,” said Chris Brown, a lawyer with the Hillsborough Sheriff’s Office.

But if commissioners vote to ban the games, there’s a good chance the county could be entangled in a costly lawsuit. Pinellas and Seminole counties were sued after shutting down sweepstakes operations. As of October, 19 legal challenges to café closures had been mounted across the state.

Allied Veterans of the World, a nonprofit that operates many of the cafés in Florida, has threatened to sue the county if commissioners vote to ban the businesses.

“My clients cannot exclude the possibility of litigation if the Hillsborough County Commission votes to put them out of business, a business that state law allows,” attorney Kelly Mathis said in an email. Mathis said he represents Allied Veterans and others involved in providing electronic sweepstakes.

Hillsborough officials have been struggling with the issue since Commissioner Sandy Murman introduced a measure to ban the cafés in August. The board supported having the county attorney draw up an ordinance to ban the businesses, but some commissioners expressed concerns about possible lawsuits and were reluctant to rush such a measure.

Because of the concerns, Murman offered an alternative in October that would place a moratorium on new cafés until May. Existing cafés would remain open but would be licensed and regulated by the county.

On Wednesday, commissioners can decide between a ban and a moratorium.

“I’m still pushing the ban,” Murman said Friday. “I think the more information that comes out, it’s pretty apparent these are gambling places.”

Murman said she believes the café owners are taking advantage of poor people during a time of high economic anxiety. People with the most to lose — seniors, the poor, the unemployed — are tempted to waste precious dollars in hopes of hitting the big payoff, she said.

Commissioner Kevin Beckner, who also backs a ban, agrees with Murman. Beckner said he has a map showing the location of more than 30 Internet cafes in the county, up from 22 in September. Many are in low-income areas or near residential areas that cater to older residents, such as Sun City Center.

“I have a major concern that these people are targeting economically depressed areas and our seniors,” Beckner said. “I don’t think it’s right for our community.”

Commissioner Victor Crist, on the other hand, cautioned against the county rushing to ban the cafés until the law is clarified, either in court or by the Legislature. Crist said the county should enact the moratorium, then send a strong message to Tampa Bay area lawmakers demanding they pass a bill that states whether the cafés are legal.

“As much as I personally would like to see these places go away … there are certain steps we have to go through in the process to get to that end,” Crist said.

Commissioner Al Higginbotham said he will keep an open mind going into the meeting Wednesday, though he expressed concern that the cafés constitute an expansion of gambling.

Commissioners Ken Hagan and Les Miller could not be reached for comment.

The public hearing on the two ordinances will be after 2 p.m. Wednesday.

Written by

Mike Deeson

Tampa, Florida — When your state is number one in the nation for identity theft you would think politicians would enact stronger rules and regulations to keep its citizens’ driver’s license number a secret. Well, here in Florida, not so much.

The 10 News Investigators found a computer program that allows anyone to plug in your name and your birth date and poof–there’s your 11-digit number. It’s legal, it’s easy and the state allows it to happen.

“The state shouldn’t be in the business of making it easier for folks who want to engage in identity fraud. They ought to make it as hard as they possibly can,” said a surprised Tampa Mayor Bob Buckhorn when we caught up with him and told him his driver’s license number.

“Where did you get it? How did you get it?” said an equally surprised Hillsborough County Commissioner Sandy Murman.

“That’s scary man. I thought it was a little bit harder to steal your identity, that’s all it takes?” said Dale Savage a county worker who was taken aback by the computer trick.

“You would think with the increase in identity theft you would think the state would be doing a lot more to protect identity. I would hope this is something that the state would consider changing,” said former police officer Kevin Beckner.

While many people agree with the mayor, Savage and Beckner, it appears the division of motor vehicles makes it a piece of cake. The reason it’s so easy is Florida has a unique code and if you have a birthday, a name and a middle initial you can get anybody’s driver’s license number.

“The person who takes the identity, and is the short-time user who knows he is going to get caught versus the one who acquires the identity and wants to become that individual, that’s the one you’ve got to worry the most about because it is almost impossible to get rid of it,” said Oscar Westerfield, the former Assistant Agent in Charge of the Tampa FBI Office.

Westerfield maintains having someone’s driver license number is a major aid to identity theft.

Westerfield also points out another possible huge problem. If someone posing as you is arrested, skips bail and then a police officer pulls you over, looks at your real license, you could end up being bars.

“That’s shocking that an average person can get private information. That is not good and I hope officials at the state will take action immediately,” said Commissioner Murman.

But until, and unless, the legislature takes some action, the only immediate response appears to be the one open to criminals who want to steal your identity and they can count on the division of motor vehicles as a willing partner.

Tampa Bay Business Journal by Mark Holan, Staff Writer

Date: Tuesday, November 15, 2011, 5:41pm EST

The Tampa Port Authority    The Tampa Port Authority Latest from The Business Journals Two schools of thought on executive raisesAviation Authority’s Burton leads in voting abstentionsTampa Port board proposes joint lobbying deal for transportation agencies Follow this company board’s decision to approve a 7 percent pay increase for port director Richard Wainio appears to end, for now at least, efforts to oust Wainio from the agency he has helmed since 2005. It also seems to close a year of contentious debate about executive pay and performance at some of Tampa’s most visible public agencies related to economic development and transportation.

The Port of Tampa Maritime Industries Association    Port of Tampa Maritime Industries Association Latest from The Business Journals Philip Hale nearing contract deal with HARTTampa Port Authority to discuss director’s contractScott picks two for Tampa port board Follow this company led the public effort to remove Wainio. There were Tampa business leaders who also attempted to scuttle Wainio’s contract, and weren’t shy about contacting the media – but preferred staying off the record with those concerns.

Wainio’s pay increase to $268,500 a year includes a 1.5 percent cost of living adjustment, which he previously declined when it was given to other port employees in January. Wainio’s pay has not been increased in three years.

The new contract also increases the port’s contribution to Wainio’s retirement account by $4,000 a year to $49,000, and boosts his monthly car allowance by $100 to $750. The car allowance has not been increased since Wainio arrived at the port.

While the final vote was unanimous, it came after months of wrangling over whether to extend Wainio’s contract.

Port board member Patrick H. Allman, general manager of Odyssey Manufacturing Co., offered several last-minute amendments to tighten the deal. Allman and Hillsborough County Commissioner Sandra Murman in September voted against Wainio’s two-year contract extension.

Their effort Tuesday to limit Wainio to only a 1 percent increase received no support for other board members.

One of the tweaks provides paying only Wainio’s out of pocket expenses for his family health insurance up to $39,000 a year. The director does not belong to the port insurance plan.

“This is not a windfall,” Wainio said. “I’m not getting free insurance and pocketing the money.

Another last minute change added language that Wainio can be dismissed for “willful misconduct” rather than “for cause.”

The board rejected Allman’s proposal to create performance measurements for Wainio that were not mutually agreed upon.

Murman said the pay increase sends the wrong message to “Joe and Mary in Riverview” who are worried about paying bills in a tough economy.

But board member Carl Lindell Jr., owner and chairman of real estate firm Lindell Investments, argued that board squabbling was sending the wrong message to Wainio, who could have his pick of other port jobs, including an opening in South Florida.

“We could jeopardize the port,” Lindell said. “He still makes less than many directors and we could loose him over a few dollars.”

Mayor Bob Buckhorn, while asking about a few details of Wainio’s contract, was mostly silent during the debate.

Last month Buckhorn and Hillsborough County Commissioner Victor Crist voted against a $50,000 raise for Tampa International Airport    Tampa International Airport Latest from The Business Journals Two schools of thought on executive raises2011 Up & Comers: Chris MinnerCuban diplomats’ visit to Tampa canceled Follow this company chief executive Joe Lopano, Miller’s replacement, who took the job in January.

Three private sector members of the Hillsborough County Aviation Authority    Hillsborough County Aviation Authority Latest from The Business Journals New voting policy for Hillsborough County Aviation board on runwayConnections of the WeekAviation Authority’s Burton leads in voting abstentions Follow this company board, lead by Tampa attorney Steven Burton, pushed to give the raise to Lopano, who finally declined the increase.

At the Hillsborough Area Regional Transit Authority    Hillsborough Area Regional Transit Authority Latest from The Business Journals 2011 Up & Comers: James FogartyPhilip Hale nearing contract deal with HARTRapid Staffing wins HART’s small business award Follow this company , Philip R. Hale quietly replaced former chief executive David Armijo, who was fired amid allegations he intimidated some employees, gave special treatment to others and misused small amounts of travel money.

Armijo was paid $185,000 annually. Hale just got a $150,000 contract.

By Bill Varian, Times Staff writer

In Print: Wednesday, November 16, 2011

St. Pete Times

http://www.tampabay.com/news/politics/ken-hagan-wins-rough-and-tumble-battle-for-hillsborough-commission-chairman/1201954

TAMPA — Hillsborough County commissioners selected Republican Ken Hagan as their chairman Tuesday after weeks of jockeying among board members who wanted the position.

Then commissioners tentatively agreed to a new system of choosing a chairman that they hope will reduce the lobbying and strong-arming that goes on before each year’s selection. It would allow each commissioner a chance to serve as chairman on a rotating basis.

Commissioner Les Miller said he came up with the idea in part due to intense lobbying in the weeks before the board’s annual organizational meeting. He said he thought it was inappropriate that outside forces would be weighing in with such vigor on what is essentially a ceremonial post.

He also didn’t think it was fair that board partisanship would prevent him, as a Democrat on a board with a heavily Republican majority, from serving in the role.

“I think it would take the politics out of it,” Miller said.

Each year’s bid for the chairmanship attracts a great deal of lobbying by friends of commissioners. The position carries no real power, though the chairman collects an extra $10,000 in pay.

But with this year’s choice comes added cache: The chairman will be front and center as the county’s representative when the 2012 Republican National Convention is held in Tampa.

Miller said he began getting phone calls over the summer about the pick. He said east county Republican activist and campaign fundraiser Sam Rashid engaged him in an animated call in which he enlisted Miller’s support to return Al Higginbotham for another term as chairman.

“The conversation was pretty rough,” Miller said in a recent interview. “I just think that’s not proper.”

He said Rashid claimed to have four votes already and was seeking added support.

Rashid acknowledged calling Miller and other commissioners, but said the conversation was cordial and that he never intimated that he had votes lined up. He called Miller’s depiction a “mischaracterization or outright lie.”

He said he wasn’t particularly adamant that Higginbotham return as chairman, but said that, out of fairness to others, he didn’t think Hagan should get it. Hagan has served three prior terms as chairman.

Several commissioners said this year was particularly ugly. Higginbotham said he faced brutal attacks but did not elaborate. Sandy Murman said the lobbying was “out of control.”

“It’s never been to the degree that it was this year,” Hagan said. “The comments and threats being made were beyond disturbing.”

Commissioners voted 5-2 for Hagan, with Higginbotham and Mark Sharpe in opposition. The vote came after a nomination for Sharpe by Higginbotham failed to win a majority. Sharpe has been jilted several years in a row in bids for the chairmanship. Higginbotham declined a nomination by Commissioner Victor Crist.

Democrat Kevin Beckner proved to be the swing vote against Sharpe, denying him the more high-profile post at a time when he is challenging fellow Democrat Kathy Castor for Congress.

Murman was unanimously approved as vice chairman, and Miller as chaplain.

Under Miller’s plan, which must win future approval, the chairmanship would rotate starting in November 2012. The first two years would factor in seniority, at the suggestion of Beckner.

It would make Sharpe chairman next November, and Beckner the chairman the following year, if they are both are still in office. After that, the chairmanship would rotate sequentially through each commission district, starting with the District 1 seat now held by Murman.

If the person in the seat up for the chairmanship has been in office for less than a year, that district would be skipped. The vice chairmanship would also rotate sequentially so that the person who serves in the post is next in line to be chairman.

Commissioners would still elect their chaplain, who gives an opening prayer before each meeting and is third in line to fill in as chairman when absences occur.

Bill Varian can be reached at (813) 226-3387 or varian@sptimes.com.

By CHRISTIAN M. WADE | The Tampa Tribune
Published: November 15, 2011

TAMPA —

For the third time in four years, Hillsborough County Commissioner Ken Hagan has been appointed to a one-year term as the board’s chairman.

On Tuesday, the board voted 5 to 2 to approve Hagan’s nomination, which was opposed by outgoing Commission Chairman Al Higginbotham and Commissioner Mark Sharpe.

Higginbotham said he was the target of “vicious attacks” from “outside influences” lobbying other board members not to nominate him.

“It was an aggressive campaign,” Higginbotham said, declining to say who was behind it. “I have a reputation as someone who doesn’t have an open door for lobbyists and have been making hard decisions on the budget, and that makes some people unhappy.”

Higginbotham nominated Sharpe to replace him.

The behind-the-scenes wrangling leading up to Tuesday’s board reorganization meeting prompted Commissioner Les Miller to propose changing the annual nominating process to rotation, giving each commissioner a one-year stint as chairman after 2012.

“This would take the politics out of the process,” he said. “I was shocked to be getting calls a month before this from people asking me to support certain nominations.”

Miller’s proposal was backed by a majority of the board, which voted 5 to 2 to proceed with drafting an ordinance and to hold two required public hearings on the measure.

Commissioners Higginbotham and Victor Crist voted against the measure, saying they wanted more time to study Miller’s proposal before proceeding to public hearings.

Commissioner Sandy Murman, who was appointed vice-chairperson, said the behind-the-scenes manipulation over selecting a board chairman has gotten “out of control.”

“Our process is flawed,” said Murman, who backed Miller’s plan. “We need to change it.”

Crist said he also heard from individuals and groups seeking to influence the nominations, but questioned why anyone would bother trying to sway the vote.

“The chairman has no more influence than any other member of this board,” he said

Commissioners will hold the first public hearing on the proposal on Dec. 7.

By STEVE ANDREWS | News Channel 8
Published: November 11, 2011

TAMPA —

Hillsborough County commissioners say they are dismayed that the county has no uniform policy for how background checks on potential job candidates are conducted.

Each county department or agency conducts its own background checks in its own way, according to the county’s human resources department.

“That is shocking,” County Commissioner Victor Crist said.

 “It just doesn’t make sense, why would you want to do that?” Commissioner Sandy Murman said. 

Questions about job candidate background checks arose following an 8 On Your Side investigation that revealed Fire Rescue Chief Ron Rogers and Sharon Subadan, deputy county administrator, failed to look into a child abuse case involving Preston Cook before they hired him in June as the county’s director of emergency management.

“I feel as though we’ve been let down; I feel empty handed,” Commissioner Al Higginbotham said.

A 1993 Orange County Sheriff’s Office charging affidavit states Cook “took an electrical cord and whipped the child about the arms, stomach, back, knees, legs and ankles.  The injuries consisted of numerous linear and loop marks, several of which had broken the skin.”

Cook was charged with felony aggravated child abuse by maliciously punishing a child.  He eventually pleaded no contest to misdemeanor child abuse.

Higginbotham said he absolutely would’ve liked to have known about the crime before Cook was hired, but Subadan and Rogers failed to include the details because they hadn’t looked at them.  They took a closer look after News Channel 8 started asking questions about Cook’s past.

On his job application, Cook admitted he pleaded no contest to a misdemeanor in 1995.

Subadan and Rogers both say the information on Cook’s application matched a Florida Department of Law Enforcement criminal background history as well as records on file at the Orange County courthouse.

The county officials said they asked Cook about the incident during the interview process and he said he was arrested after he spanked his child.

Like Crist and Murman, Higginbotham said Rogers and Subadan sang Cook’s praises.

“They told me that he was very experienced; he was well respected within his ranks and his industry.  They said he had an arrest and that they had done the appropriate research and that it had met their standards of satisfaction,” Higginbotham said.

Higginbotham said that hiring and firing is the responsibility of the county administration.

Both Crist and Murman say even if they had known details about the child abuse incident, given Cook’s experience and clean record since, they would have supported his hiring.

“He was just way qualified and it happened many, many years ago, nothing since.  To me, the case is really closed and I overwhelmingly approved him,” Murman said.

Higginbotham agrees the incident took place many years ago, but says he’d have to consider many issues before committing one way or the other.

Higginbotham, Crist and Murman agree on the need for thorough and uniform background checks.

“There should be a uniform policy and I am certain after this incident and after Mr. [Mike] Merrill [county administrator] and I speak, there will be a policy in place to make sure that we don’t have a sensitive matter of this sort arise again,” Higginbotham said.