South Florida’s biggest business stories of 2012




















For South Florida’s economy, 2012 centered on one main question: Would the recovery continue?

The answer: Yes, and slowly.

Housing values continue to climb, unemployment rates shrink, hiring grows and spending strengthens. And yet 2012 ends on the same general theme as 2011: Things are getting better, but at a slow enough pace that South Florida will have to wait at least another year for a healthy recovery to begin.





Behind the broad economic tide, news crashed onto the scene. And now it falls on Business Monday to rank their significance.

We do this each year December as a way to put the year’s business news in perspective. For the rankings, we use three criteria.

First, how important was the news for South Florida’s economy? We only have 10 slots to fill, so the news needs to be big.

Second, how unique was the news to South Florida? National events can have major impacts in South Florida, but we’re looking for news that’s particularly noteworthy to the region.

Third, how unique was the news to this year? Long-term trends can impact an economy for years, but we’re looking for stories clearly linked to 2012.

On to the rankings...

10: One Community One Goal plan released

Miami-Dade’s economic development agency, the Beacon Council, spent more than a year drawing up what’s supposed to be a blueprint for the county’s economic future. We won’t know for years whether the One Community One Goal plan will actually guide leaders’ decisions as they decide on education priorities and corporate-recruitment targets. The authors of this report boasted that they were determined not to have the latest version seen as obsolete the way the 1996 version was. But with hundreds of people involved in the forums that led to the report, One Community One Goal is sure to be cited in debates and discussion about Miami-Dade’s economy for years to come.

9. Ryder gets a new CEO

It was a tumultuous year for the Miami-Dade trucking giant, which spent the summer backing off early predictions of strong recovery for clients. In July, Ryder CEO Gregory Swienton announced companywide cost cuts to combat flat sales in a year he had originally seen as going well. That move included 60 job cuts at Ryder’s headquarters in western Miami-Dade, out of 450 across the country The end of 2012 brought another big announcement: Swienton was retiring in two weeks, and handing over the top job to his longtime deputy, Ryder COO Robert Sanchez.

Swienton, 63, said he was looking forward to getting back to Texas, where most of his grandchildren live. The board praised Swienton’s 13-year tenure, which saw Ryder stock rise from $17 a share to $50 a share.

Sanchez, 47, is only the company’s fifth CEO since its founding in the Great Depression. A Miami native, he becomes one of only three CEOs of a Fortune 500 company headquartered south of Palm Beach County. The other: AutoNation’s Mike Jackson and World Fuel Services’ Michael Kasbar.

8. Miami Marlins Buyers Remorse

The debut season of Miami’s first official Major League Baseball team brought a string of disappointments on and off the field. Promises of a revitalized Little Havana retail scene around the tax-funded stadium instead brought vacant storefronts. Attendance, a big part of the economic argument for the $635 million stadium, ended up being the worst for a new ballpark in 30 years.





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For new year, resolve to commit random acts of kindness




















Well, here we are, dear Friends and Neighbors, on the eve of another new year. So much happened to us in 2012 — some good and some bad. But through it all, by the grace of God, we made it to the end of the "old" year.

When I was a young woman, I made a new year’s resolution every year. The new year brings with it that kind of fresh-start magic.

To many of us, the new year really does mean having a second chance; a fresh start; a new beginning, another opportunity to do something that matters, to touch someone’s life in a positive way, and to do random acts of kindness.





I thought about the random-acts-of-kindness thing when, on Christmas day while in Washington, where my granddaughter Afra was appearing in My Fair Lady at the -Arena Stage Theater, I stumbled upon the perfect opportunity. Afra and I, and her mother Mary Anne, were on our way to have Christmas dinner with their longtime friends who live in Maryland. (A Radio City Music Hall Rockette since 2004, Afra had suffered with tendonitis in her right knee and decided to take this season off to let it heal.)

We got to the Metro station and found it practically empty. We headed for a bench where a man and woman were sitting and Afra motioned for me to take a seat. I spoke to the two individuals and wished them a Merry Christmas. A few minutes later, the woman who had been sitting on the bench moved away. She looked a bit uncomfortable. A few seconds later, I understood why. The young man seemed to be mentally challenged and needed to talk to someone about something that happened earlier at the facility where he lived.

Apparently there had been an argument with a caregiver at the facility, and he got upset and yelled at her. When I asked what was the matter, he started crying, "I yelled at her ... I didn’t mean to do it ... I was in a hurry to get to the station."

I touched his shoulder and tried to comfort him. "I’m sure she is not angry with you. She understood you were eager to get the train to spend Christmas with your mother." He stopped crying and told me his name was Gabriel. He asked my name. I told him and introduced him to my granddaughter and her mother, who were looking in disbelief at the two of us. Their eyes seemed to say, "Doesn’t Grandma know she is in a strange city and this man is a stranger who could be very dangerous?"

I did know. But somehow, this didn’t seem like a dangerous situation. Something in my heart said this was a chance to do a random act of kindness. I followed my heart. By the time our train came, Gabriel was smiling.

"I like you," he said. "You are a nice lady."

I reached out and offered a hug. He responded and soon my granddaughter and her mother were hugging him too. It was a wonderful feeling. Gabriel repeated our names over and over, pointing to each of us, so as not to forget them.

In a few minutes, we were at our stop. We said goodbye to our new friend and got off the train. We waved at him as the train pulled away. We didn’t say much about the incident, just smiled knowingly at each other. We knew we had just reached out to another soul who needed to be comforted and by doing so, we had spread a little Christmas cheer.

So, as I write this last column of 2012, I don’t have a list of new year resolutions. What I do have is a determination to live one day at a time, and try to live my life by reaching out to more Gabriels and offering comfort and spreading cheer and good will wherever I can. It may not be in the form of a hug. It just might be a warm smile, a "How do you do?", or "You look nice today". I learned from the Metro Station incident that it doesn’t take much to make somebody’s day. Just be kind. Make it a part of your everyday routine. No resolution is needed. Just do it.

And have a wonderful and healthy New Year!

Arts in the Gardens

Arts at St. Johns will kick off the New Year with the SALA Arts Social at 6:30 p.m. on Jan. 15 at the Miami Beach Botanical Gardens, 2000 Convention Center Dr. SALA is an acronym for Social Action, Local Arts, and is a multi-disciplinary, multi-sensory arts event featuring music, dance, the visual arts, refreshments, drinks, interactive DJ music, networking and a silent auction.

The artists include Tiffany “Hanan” Madera performing Mid-Eastern dance; DJ Madame Turk, who will mix new and old dance club music and Afro/Latin and Brazilian beats.

The visual arts will include a group show by the Artist Colony, a Miami artist collaborative. There will also be a selection of paintings, graphics and assemblages donated for the silent auction by Carol Hoffman-Guzman and her husband Robert Guzman. Carol is the founding director of Arts at St. Johns. She and her husband have been collecting local and emerging artists for over 40 years.

The event celebrates 12 years of SALA presenting performances and art at Arts at St. Johns. According to Hoffman-Guzman, SALA’s name was chosen because it is reflects Arts at St. Johns’ vision to present local artists and art forms and t use the arts to build community, nurture dialogue about social issues and seek to bring about change through the arts.

Tickets to the event are $75 each at the door or online at www.artsatstjohns.com or by calling Hoffman-Guzman at 305-613-2325.





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Buzzmakers: Kate Winslet's Wedding and Rider Strong's Engaged

What had ET readers buzzing this week?

1. Kate Winslet Ties the Knot!

Kate Winslet recently married her boyfriend Ned Rocknroll in a small, secret ceremony in New York.

A rep for the 37-year-old Oscar winner tells ET, "I can confirm that Kate Winslet married Ned Rock'nRoll in NY earlier this month in a private ceremony attended by her two children and a very few friends and family." The rep added that Kate and Ned got engaged over the summer.

British newspapers reported that Kate's Titanic co-star Leonardo DiCaprio gave away the bride in a ceremony so secret that not even the parents of the bride and groom were aware of it.

It is the third marriage for Kate, who split from film director Sam Mendes, the father of her son, in March 2011. She was also previously married for three years to Jim Threapleton, the father of her daughter, before splitting with him in 2001.

Ned, 34, is the nephew of British media/aerospace magnate Sir Richard Branson.

2. 'Boy Meets World' Star Rider Strong Engaged

Amid the holiday engagement rumors (Brandy, Janet Jackson...), Boy Meets World star Rider Strong confirms that he popped the question to his longtime love Alexandra Barreto -- but that's not the crazy part.

Strong, 33, told E! News that he asked Barreto to marry him with "a handmade ring he created himself!"

The actors met on set of the 2006 series Pepper Dennis, and the rest is history. "I asked on December 23, while her parents were visiting for the holidays. I took her for a walk under the redwoods on the property where I grew up in Northern California," Strong tells ETonline. "It was pouring rain, but it didn't look like it was going to stop anytime soon, so I just decided to go for it."

Meanwhile, TheInsider.com confirmed earlier this past November that Strong will not be joining the cast of Disney's Girl Meets World, a spin-off of his wildly popular teen show Boy Meets World. "Girl Meets World will be, and I think it should be, its own show. It will be about Cory and Topanga, their daughter, and a new set of characters. It's the next generation."

3. 'Glee' Creator is A New Dad!

Ryan Murphy had a very merry announcement this holiday season: he's a father!

According to E! News, Murphy and partner David Miller welcomed a son into their family recently, with the couple announcing their new addition on Christmas Eve to friends and family via email.

The announcement revealed the boy, named Logan Phineas Miller Murphy, was born December 24, 2012 9:47 a.m.

Earlier this year, Murphy opened up to Vogue about his desire to become a father. "I thought if I don't do this ... I'm 46 ... I will really, really regret it," he said, adding, "I want the kid to be bold."

4. Jessica Simpson Confirms She's Pregnant, Again!

After weeks of speculation, Jessica Simpson has confirmed that she is pregnant with her second child!

This morning she Tweeted, "Merry Christmas from my family to yours," along with a photo of daughter Maxwell sitting above a message written in the sand. It read: "Big Sis."

Simpson, who gave birth to Maxwell on May 1, has been spotted wearing lots of loose clothing in recent weeks as rumors swirled that she was pregnant again.

This will be the second child for Simpson and her fiance, Eric Johnson.

5. Lady Gaga Announces Documentary

The nearly 33 million Little Monsters who follow Lady Gaga on Twitter got a massive Christmas present this morning as the singer revealed she'll soon be coming to a theater near you!

"Merry Christmas little monsters," Gaga wrote. "Terry Richardson is making a #LadyGagaMOVIE documenting my life, the creation of ARTPOP + you!" "Thank you for being so patient waiting for my new album ARTPOP I hope this gets u excited for things to come. I love you with all my heart!" Gaga announced her fourth album on August 6, 2012 and featured several of the songs in contention for inclusion on her recent Born This Wall Ball. Although no release date is yet known, it's rumored to be due out in Spring 2013.

Gaga has previously collaborated with Richardson on countless magazine covers and 2011's Lady Gaga x Terry Richardson photobook.

Lady Gaga won't be the only major musician to be featured in a documentary next year. It was revealed on November 26 that HBO would be airing a Beyonce documentary on February 16, 2013.

The film promises extensive first-person footage -- some of it shot by Beyonce on her laptop -- in which she reflects on the realities of being a celebrity, the refuge she finds onstage and the joys of becoming a mother after giving birth to her daughter, Blue Ivy Carter, in January 2012. Watch a sneak peek below.

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The hunt for the perfect serial killer









headshot

Maureen Callahan





By last August, residents of Essex, Vermont — a small community of just 19,000 — had come to accept that their beloved neighbors, Bill and Lorraine Currier, would not be coming back.

Nearly 15 months had elapsed since the Curriers were last seen leaving work at 5 p.m. on June 8, 2011. Bill, 49, and Lorraine, 55, both worked in health care: Bill in animal care at the University of Vermont, and Lorraine in patient financial services at a practice in Burlington.

They had been married since 1985. They had no children but loved animals and often let their birds fly through their modest home, a single-story structure with white siding and a dark green door. The Curriers were typical Vermonters: Lorraine with her long red hair, parted down the middle and no makeup; Bill with his love of Simon and Garfunkel and playing guitar.





AFP/Getty Images



Israel Reyes





Bill and Lorraine were also notoriously punctual and rarely took vacation. So when neither showed up to their respective jobs that next day, a Thursday, their co-workers were concerned. Lorraine’s colleagues called over to Bill’s office, and by the middle of the day, word got to Bill’s sister, Diana, who called Essex police.

By 10 that night, cops were all over the Curriers’ house.

At the scene, cops admitted confusion. “It’s a real puzzler,” said Lt. George Murtie.

The Curriers’ car, a Saturn sedan — dark green, like the accents on the home’s facade — was missing from the garage. Bill was a big guy — at 6 feet, he weighed 220 pounds — and had chronic health issues that required daily medication, as did Lorraine. Their medicine was untouched.

The cops made no attempt to downplay the urgency of the search or the likelihood that something awful had happened to Bill and Lorraine.

“We’re treating the home,” Lt. Murtie said, “like a crime scene.”

It wasn’t until a year later, in June 2012, that Murtie got an unexpected call from law enforcement in Anchorage, Alaska. They finally knew what happened to Bill and Lorraine, and they had never heard of anything like it.

A DARK NIGHT IN ALASKA

On the evening of Feb. 1, 2012, a 34-year-old construction worker named Israel Keyes waited outside the Common Grounds Espresso Stand on East Tudor Road in Anchorage — a tiny shack of a store, with teal-blue siding, that sat in the parking lot of a local gym. It was already very dark — the sun had set at 5:06 p.m. — and snowing heavily. Keyes was waiting for the shop to close at 8 p.m., for the truck he knew was on its way.

Then he changed his mind.

Keyes was a patient, deliberate, methodical man. Born in Utah, he had grown up Mormon, and at some point during his childhood his family moved to Washington state, where they lived comfortably. In 1998, Keyes enlisted in the Army and served for two years, stationed at Fort Hood and in Egypt. In 2007, he relocated to Alaska, where he started his own construction business, living with his girlfriend and young daughter in a white, two-story house on a cul-de-sac in Turnagain, where they liked to entertain friends and family.



Have a comment on this PostOpinion column? Send it in to LETTERS@NYPOST.COM!










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Week brings startup launches, social media advice for 2013




















Jared Kleinert, a South Florida entrepreneur, plans to soon launch Synergist, a platform that allow social entrepreneurs to meet potential co-founders online, collaborate and crowdfund their new projects. He also just launched AliveNDead, a blog about risk-taking, and he interns for a Silicon Valley startup.

And when he’s not doing all that, he’s going to class — he’s a junior at Spanish River High School in Boca Raton.

Lester Mapp is CEO and founder of the new Miami-based startup called designed by m. His team has just designed a sleek, ultra-thin aluminum iPhone bumper and launched the project on Kickstarter. After just a few days, Mapp is already more than a third of the way to his $20,000 fund-raising goal.





Read about both these entrepreneurs on The Starting Gate blog, where there’s also a post on the most pressing issues facing small businesses in the coming year — taxes, healthcare, lending and a skilled worker shortage, for starters.

And as you are ringing in the New Year, you may be resolving to beef up your business’ social media strategy. Susan Linning's guest post offers five top tips for boosting your social media effectiveness. Among them: Go beyond retweets and make your posts original, fun and personal (but not too personal.) Use visuals, too. Find this and other news, views and tools for entrepreneurs on the blog, which is at the bottom of MiamiHerald.com /business.

Follow me on Twitter @ndahlberg and Happy New Year to all.





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Former Miami Beach resident may be next Israeli ambassador to U.S.




















Ron Dermer, a top adviser to Israeli Prime Minister Benjamin Netanyahu and who has family ties to two former Miami Beach mayors, may soon become the next Israeli ambassador to the United States, according to reports in an Israeli newspaper.

The daily Makor Rishon reported late Friday that the current ambassador, Michael Oren, plans to step down from his post in the spring of 2013 and would be replaced by Dermer.

Dermer was nicknamed “Bibi’s Brain’’ in a 2011 Tablet profile that compared his relationship with Netanyahu to that of Karl Rove and former President George W. Bush.





Dermer, a Florida-born conservative, reportedly planned Republican Mitt Romney’s trip to Israel last summer during the U.S. presidential campaign.

He has been Netanyahu’s senior adviser since 2009.

The Prime Minister’s Bureau and the Prime Minister’s Office declined comment on the newspaper’s report, according to Israeli media.

Family members in Miami Beach contacted by The Miami Herald also declined to comment.

Dermer is the brother of former Miami Beach Mayor David Dermer, whose first campaign he managed, and the son of former mayor Jay Dermer.

His father was a mayor in the 1960’s and his older brother David was mayor from 2001-2007.

Just two weeks before Ron’s bar mitzvah, his father died of a heart attack. Growing up in Miami Beach, he attended a Jewish day school.

Ron Dermer and his younger sister Esther moved to Israel in the late ’90s after completing their studies. He earned a degree in finance and management from the Wharton School of the University of Pennsylvania and a degree in philosophy, politics and economics from Oxford University.

For three years, he wrote a column for the Jerusalem Post and, along with former Soviet dissident and Israeli politician Natan Sharansky, co-authored the book, “The Case for Democracy: The Power of Freedom to Overcome Tyranny and Terror.’’

He and his wife Rhonda have three children: Mayor, Zev and Ezra.

Dermer had to give up his U.S. citizenship in 2005 when he was appointed Minister for Economic Affairs to the Israeli Embassy.

In a 2011 interview with The Tablet, Dermer said he still thinks of himself as an American.

“When I think about Israel, I always ask myself, I call it the WWAD question: ‘What would America do?’”





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Android-powered Ouya console now shipping to 1,200 developers [video]









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On brink of Fiscal fiasco








WASHINGTON — Start holding your breath — a fiscal-cliff deal could be ready for a vote by tomorrow.

President Obama and congressional leaders emerged yesterday from last-ditch negotiations at the White House with a grim new determination to seal a deal before the New Year’s Day deadline, when big tax hikes and deep federal spending cuts otherwise will whack America.

“We’ve got to get this done,” Obama declared at a press conference following the 65-minute Oval Office meeting.

Senate Majority Leader Harry Reid (D-Nev.) and Senate Minority Leader Mitch McConnell (R-Ky.) sounded an unusual bipartisan tone after the meeting, agreeing to work on a deal in time for a vote tomorrow.





HEAT’S ON: President Obama speaks at the White House yesterday following his meeting with congressional leaders about a fiscal-cliff deal.

AFP/Getty Images





HEAT’S ON: President Obama speaks at the White House yesterday following his meeting with congressional leaders about a fiscal-cliff deal.





At a minimum, Obama wants a vote on a scaled-down package that keeps Bush-era tax cuts for family incomes up to $250,000, extends unemployment benefits and postpones spending cuts.

The president said he was “modestly optimistic” that one of these deals would get done in time. But he plans to keep pressure on Congress with an appearance tomorrow morning on NBC’s “Meet the Press.”

The Reid-McConnell deal could raise the tax-hike threshold to $400,000 to attract more Republican support, as well as extend the current inheritance-tax rate and dozens of business tax breaks that are also set to expire Tuesday.

“We’ll be working hard to see if we can get this done in the next 24 hours,” McConnell said on the Senate floor.

Reid told the chamber that whatever they come up with will be “imperfect” because they are dealing with big numbers and complicated issues.

“Some people aren’t going to like it. Some people will like it less, but that’s where we are,” he said.

After the meeting, Obama used the White House bully pulpit to put public pressure on Republican leaders to let a proposal — even one that isn’t bipartisan — go to a vote.

Senate rules empower any member to hamstring legislation and House Republican leaders control what reaches the floor.

“If we don’t see an agreement between the two leaders in the Senate, I expect a bill to go on the floor . . . that makes sure taxes on middle-class families don’t go up,” Obama warned.

He said “ordinary folks” don’t understand why everything is a logjam in DC and lawmakers can’t just get the job done.

“The American people are not going to have any patience for a politically self-inflicted wound to our economy,” he said.

Obama, Reid and McConnell were joined at the White House by House Speaker John Boehner (R-Ohio), House Minority Leader Nancy Pelosi (D-Calif.), Vice President Joe Biden and Treasury Secretary Tim Geithner.

During the talks, Boehner told Obama the House would act on whatever legislation the Senate passes, either approving it or amending it, said a Boehner spokesman

Boehner has been sidelined from the negotiations since House Republicans abandoned his “Plan B” that would have limited the tax increases to millionaires.

Obama also issued an executive order to end the pay freeze on federal employees — a move that pumped up the salaries of Biden and members of Congress, The Weekly Standard reported yesterday.

Biden will snag an extra $6,379 each year, bringing his salary to $231,900, while US Senate and House members will make an additional $900.

smiller@nypost.com










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Resources for South Florida small businesses




















•  Florida Small Business Development Centers. Counseling and training at centers in South Florida and around the state, www.floridasbdc.org.

•  SCORE Workshops, online training and free coaching at local branches, www.score.org, miamidade.score.org, browardscore.org, southbroward.score.org

• Florida Women’s Business Center. Provides training, mentoring and resources to women entrepreneurs, http://www.flwbc.org.





• The Commonwealth Institute. Helps women entrepreneurs, CEOs and corporate executives build businesses through peer mentoring programs and annually honors top women-led businesses in Florida, www.commonwealthinstitute.org.

The Hispanic Business Initiative Fund of Florida. Nonprofit, with a Miami office, provides free bilingual seminars, workshops and technical assistance to Hispanic entrepreneurs launching or expanding businesses in Florida. www.HBIFflorida.org.

•  Barry University, Barry Institute for Community and Economic Development. Counseling, workshops and training for Miami-Dade small businesses through the Entrepreneurial Institute, www.barry.edu/biced.

•  Broward College. Offers a 24-credit entrepreneurship certificate, www.broward.edu. For noncredit business courses, including training through its Entrepreneurial Institute, http://www.broward.edu/ce.

•  Florida International University, Pino Global Entrepreneurship Center. Workshops, webinars and more, entrepreneurship.fiu.edu.

•  Miami Dade College. Offers a 12-credit entrepreneurship certificate program, www.mdc.edu/business. For noncredit classes, www.mdc.edu/ce. The Meek Entrepreneurial Education Center offers many programs, www.mdc.edu/north/eec.

•  University of Miami, The Launch Pad. Workshops, networking, resources and coaching, www.thelaunchpad.org.

•  Southern Florida Minority Supplier Development Council. Connects large businesses with minority businesses across South Florida, www.sfmsdc.org.

•  Startup Florida. Programs and training, plus register your company in this Startup America initiative, www.startupfl.org.

•  Partners for Self-Employment. Offers training, technical assistance and loans in Miami-Dade and Broward. www.partnersforselfemployment.com

•  Miami Bayside Foundation. Provides loans of $10,000 to $50,000 to minority-owned businesses in the city of Miami. www.miamibaysidefoundation.org..

•  MetroBroward. Nonprofit offers financing, incubation and training for businesses in low- to moderate-income areas of Broward, www.metrobroward.org.

• ACCION USA. Provides microloans up to $50,000 and financial education, with South Florida offices and programs, www.accionusa.org.

ClearPoint Credit Counseling Solutions. Nonprofit offers one-on-one, over the phone or Internet credit counseling to entrepreneurs and consumers with poor credit. 305-463-6739, ext 1019 or www.clearpointccs.org .

•  Incubate Miami. Start-up businesses in technology can get mentorship, office space and now early-stage funding, www.incubatemiami.com.

• The Technology Business Incubator at the Research Park at Florida Atlantic University. Offers mentors, investor connections and business services, http://www.research-park.org

•  South Florida Urban Ministries’ ASSETS Business Development. Nonprofit offers small business development program including one-on-one business coaching and consulting in areas of start-up, marketing, finance and more, www.sflum.org.

• United Way Center for Financial Stability. Center offers a wide array of tools and resources to help families and individuals achieve financial independence. www.unitedwaymiami.org/WhatWeDo/CFS.

•  The Startup Forum. Organization’s mission is to foster the development of vibrant regional startup communities, www.startupforum.net.

•  StartupDigest. Begun in Silicon Valley as a place to find events for entrepreneurs, this has spread to other cities, including Miami, www.startupdigest.com

If your organization should be on this list, email ndahlberg@miamiherald.com





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Miami-Dade camping law may clash with Supreme Court ruling




















When Miami-Dade commissioners voted unanimously this month to ban overnight camping at “county facility property,” they opened the doors to debate about how police should apply the measure to homeless people.

The action was a clear shot at the Occupy Wall Streeters who flooded public spaces, including outside County Hall, in the summer of 2011.

In addition to making it illegal to camp on county property, the measure toughens permitting rules for public gatherings and permissible “free speech’’ zones. It also gives police the authority to arrest violators, including the homeless.





But a 25-year-old court ruling could present a conflict, some legal observers say. A 1988 U.S. Supreme Court decision in the Pottinger vs. The City of Miami case found that Michael Pottinger and about 6,000 other homeless people in Miami could not be harassed or punished for occupying public property because doing so would violate their fundamental right to travel, and to be free from cruel and unusual punishment.

The new ordinance specifically provides that if police direct a homeless person occupying a county facility to leave, the officer first must look for sleeping space for the homeless person at a county shelter. If there is none, or if the person refuses the option, he or she can be arrested for trespassing if they remain or return to the space.

An ACLU lawyer said the measure could again open the door for police to harass and arrest homeless people.

“We’re prepared to litigate should there be issues in the future,” said attorney Dan Palugyai, who sits on the board of the Greater Miami Chapter of the American Civil Liberties Union. “Our past experience tells us it’s likely, even probable.”

During the commission meeting, County Mayor Carlos Gimenez said the homeless — at least in Miami — were protected from arrest by the Pottinger case.

The new law defines impermissible camping as the “setting up of tents, shacks, or shelters for sleeping activities or making preparations to sleep [including the laying down of bedding for the purposes of sleeping], from the hours of sunset to sunrise.”

Miami First Amendment lawyer Tom Julin said he’s troubled by that wording.

“They’re not allowing the general public to do the same type things that they, or organizations they approve of, do in a park,” he said, referring to the ING Miami Marathon and some concerts at Bayfront Park, both of which allow people to spend the night, even if there is no formal permission granted.

Commissioner Lynda Bell, who sponsored the ordinance, said it was “not meant to harm anyone.’’ After some homeless advocates expressed concern, the language was added directing police to first find shelter for homeless people and to arrest only as a last resort.

“We obviously think it’s legally sufficient,’’ said Assistant County Attorney Danny Frastai.

Still not entirely clear: How the new law would apply to county parks like Matheson Hammock Park or Haulover Beach Park. At the final meeting before the full board of Miami-Dade County Commissioners when the ordinance was adopted, it was amended from not allowing camping on “county property,” to not allowing it on “county facility property.”

“We interpret facility to mean some type of structure, like a building,” said Frastai. “If it’s a park that has a structure, we’d have to look at it.”

That’s just sloppy language, noted Palugyai, the homeless advocate. “Hopefully, there will be opportunities to clean it up.” The Occupy Wall Street crowd gathered on the west lawn at County Hall in Miami from the summer of 2011 until February, when they were finally evicted. The county says it spent $17,000 cleaning up the mess left behind.

Though the group obtained a permit to camp out there, Miami-Dade Internal Services Director Lester Sola said they should have been directed to a different spot. He blamed the confusion on vague wording in the old code, which was what led to the revision. During the discussion, Commissioner Jean Monestime wanted to know why the county needed to legislate a camping ban.

“My apprehension here is we may be opening a can of worms here.”





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