News-Press from Fort Myers, Florida • Page 20

FLORIDA B4 Local State THE NEWS-PRESS TUESDAY, JANUARY 29, 2008 Indian gamifig ENVIRONMENT Ex-DEP employee sues state Vegas-style slots debut at Hard Rock casino Whistleblower claims termination was retaliation Court challenge to rule change still pending within the 90 days prescribed by law, according to the lawsuit The commission could not comment on the lawsuit, spokeswoman Leah Barber-Heinz said A 2006 state audit found that much of the work done by White's lab from January 2001 to July 2005 lacked indicators that note vital information such as whether a sample had been held beyond the acceptable time and whether results could be questionable in certain cases, DEP stated during a disciplinary hearing last year. White denied the allegations. The lawsuit includes counts of negligent supervision on the part of senior staff within DEP, illegal destruction of records, misuse of office and denial of due process. White is seeking restoration of his position, back pay and damages. No specific amount was listed for damages, but Joyner-Kelley said they would be more than $100,000.

with South Florida water quality planning, said Danielle Joyner-Kelley, one of his attorneys. Those problems could have disqualified the state for federal grants, she said Monday after filing the lawsuit. "He's a whistleblower with no protection," Joyner-Kelley said. Nine defendants were named in the lawsuit, including DEP, DEP Inspector General Pinky Hall and several current and former officials in DEP Southeast District, which is headquartered in West Palm Beach. "The agency is currently reviewing the lawsuit, however DEP stands behind all agency actions to date," DEP spokeswoman Dee Ann Miller said.

A message seeking comment from Hall was left with the DEP. The Florida Commission on Human Relations also was named because it failed to act on White's original whistleblower complaint The Associated Press TALLAHASSEE State environmental officials destroyed records, ignored federal antipollution rules and railroaded a senior scientist out of his job, according to a lawsuit filed in Leon County on Monday. The lawsuit against the Department of Environmental Protection was filed by Public Employees for Environmental Responsibility on behalf of Thomas White. He was fired last year from his job as senior chemist in DEP's Port St. Lucie laboratory.

According to the lawsuit, DEP officials intentionally concealed and destroyed notes and other evidence to avoid giving White a chance to defend himself against allegations of data fraud. White, who had 19-plus years of experience with DEP, attempted to expose problems quickly. "When the compact went into the Federal Register it became law that we're allowed to offer Class III devices," said Jim Allen, CEO of Seminole Gaming. "Obviously, we placed our orders immediately." Allen said two Nevada-based slots manufacturers, International Gaming Technology and Bally Technologies delivered the machines "in weeks, when it usually takes months." As part of the compact, Florida has already received a $50 million payment from the tribe and is guaranteed $100 million in the first year. The state's share is set to increase to up to $150 million by the third year of the agreement, and after that will be based on revenues.

Many expect the state's share to quickly add up to billions of dollars. Broward County pari-mutuels already have Vegas-style slots, and Miami-Dade County voters were to decide Tuesday whether they want slots at their jai-alai fronton and horse and dog tracks. Allen and Seminole Chairman Mitchell Cypress praised Crist for pushing through the compact, which the tribe had failed to attain under previous governors such as Jeb Bush, another Republican. such as slots, blackjack and baccarat at its seven Florida casinos. Players of Vegas-style or Class III slot machines compete against the house rather than each other, a feature of the bingo-style Class II games already available at Seminole casinos.

The Vegas-style machines are seen as more lucrative, both for players arid casinos. Crist's agreement was challenged by House Speaker Marco Rubio and Senate President Ken Pruitt, who said lawmakers must approve any agreement he negotiates. The Florida Supreme Court is scheduled to hear arguments about whether the compact is valid Wednesday. "We believe that without appropriate legislative review and approval, the compact authorizing the Seminoles to expand gambling is invalid," Rubio said in a statement e-mailed to The Associated Press. "The Seminole's actions this week are yet another reason why this important matter merits the Court's urgent consideration" State leaders have said they did not expect the tribe to begin operating the slots so The Associated Press HOLLYWOOD Purse in hand and eyeglasses on, 80-year-old Ruth Spivak stood behind a velvet rope Monday at the Seminole Hard Rock Hotel and Casino, just steps away from the bright lights, musical chiming and big jackpots of the tribe's first Las Vegas-style slot machines.

Spivak woke up at 730 a.m. and came down from Delray Beach to get in positioa She was one of hundreds who showed up to feed dollar bills or casino debit cards into the 800 new slot machines at the Seminole Tribe of Florida's casino in this Fort Lauderdale suburb. "I want to try the machines and win money, like I do in Las Vegas," said Spivak, who said she goes to the gambling capital about twice a year and hoped to win a "couple hundred dollars" Monday. A flashy ceremony to introduce the new machines came just weeks after an agreement between Gov. Charlie Crist and Seminole leaders, went into effect Sought by the tribe for years, the deal allows expanded gambling for Vegas-style games Wounded police officer in serious condition JACKSONVILLE A police officer wounded in a mall shootout was listed in serious condition Monday, two days after 1 he shot and killed a man suspected of shoplifting, police said.

Officer Jared Reston was shot Saturday night outside the Regency Square mall but was conscious when he was taken to Shands Jacksonville hospital in critical condition, said Undersh-eriff Frank Mackesy. After surgery, he was listed in serious condition, said sheriff's spokesman Ken Jefferson. Police said Reston's bullet said. Reston was able to get up and return fire. The suspect who was killed was identified as Joel Abner, 18.

During the gun battle, Reston fired 14 times and Abner fired 12, police said. Abner was hit seven times in the exchange of gunfire and was wearing a stolen pair of jeans, police said. The man taken into custody, Christopher Smith, of Jacksonville, has been charged with misdemeanor petty theft and criminal mischief, according to jail records. He was being held on $7,500 bond. The Associated Press proof vest saved his life, stopping three bullets fired into his chest He was hit in the face, leg and buttocks.

The shooting happened when Reston and another officer, both off-duty but in uniform, began chasing two shoplifting suspects. The other officer, C.W. Brown, took one of the suspects into custody as Reston chased the other, according to a Duval Sheriffs Office report. Reston repeatedly ordered the second man to stop but he didn't. At the end of the chase, Reston was knocked to the ground and the man fired several times at the officer, Mackesy d-arfr-Ymir Moa Yoar Pinhtl I VV4 1 1 IVSVII IVMI mi any spa service CALL 239-948'SONU (7668) www.SONUspa.

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