Free-market conservative leads Gov. Rick Scott’s jobs agency




















The Department of Economic Opportunity is one of the most critical agencies in Gov. Rick Scott’s administration, and it has run through four directors — two permanent, two interim — since it launched 16 months ago.

After the fleeting tenures of three bureaucrats and a banker, Scott’s handpicked director, Jesse Panuccio, began his term as the agency’s fifth director three weeks ago.

Panuccio, a 32-year-old attorney, is an outside-the-box choice for jobs chief. He graduated from Harvard Law School in 2006 and has been on Scott’s legal team since 2011, becoming the governor’s chief litigant last year.





After defending some of Scott’s most controversial laws in the courtroom, Panuccio faces the crucial task of executing the governor’s job-creation strategy from the state’s official boardroom.

“I chose Jesse for three reasons,” Scott said in a statement. “He is a problem solver, he is a skilled manager of people and he is experienced at holding people and organizations accountable.”

After graduating from Harvard Law, Panuccio clerked for a federal judge and then joined a boutique law firm in Washington, D.C. The New Jersey native said he took the Florida Bar Exam after spending much of his childhood vacationing in the Sunshine State, and was drawn to Scott’s campaign message in 2010. He left Washington and joined the governor’s transition team as deputy general counsel in January 2011.

Throughout Panuccio’s brief professional career, he has fought legal battles in support of conservative causes ranging from gun rights to traditional marriage to state’s rights. His new position will require a full embrace of Scott’s conservative job-creation agenda: less regulation, taxation and litigation.

“My overall view is that the economy, the free market flourishes when government gets out of the way,” he said.

The Department of Economic Opportunity, or DEO, is 1,600-person agency responsible for overseeing many of the state’s economic development initiatives. Created by Scott in 2011, DEO runs Florida’s unemployment compensation system, collaborates job training efforts with regional workforce boards and oversees business incentives programs. As the $140,000-a-year director, Panuccio leads efforts to coordinate local and regional job-creation efforts, and implement an overarching economic development vision for the future.

He shares Scott’s small-government approach to creating jobs, and embraces using taxpayer incentives to draw companies to Florida.

“I do think incentives, especially in a recessionary period like this, are a targeted way of reducing taxation and enhancing the business climate for competitive projects,” he said. “It is a reality right now that we’re competing with other states and other countries for these companies.”

So far, Scott’s approach on jobs has had mixed results. Florida’s economy has improved in the last two years with a rapid decline in unemployment, but job growth is considerably slower than the national pace and wages continue to lag.

Meanwhile, DEO has come under fire — and a federal probe — for restricting access to unemployment compensation benefits, making Florida one of the least generous states in the nation for those who are eligible for aid.





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Vine Has a Porn Problem Because Of Course It Does






It’s actually pretty surprising that it took everyone three days to figure out that Twitter’s new cell phone camera-powered video sharing app, Vine, is perfect for porn. Vine has it all. It can record reasonably high quality videos of anything you want, on-the-go, and post it publicly for all the Internet to see. You add hashtags so that people can easily find special interest content. There’s even a little comments section so that you can share your thoughts about the distinctively addictive six-second loops. Heck, we’d be surprised if people didn’t immediately start to post pictures of their genitals doing what genitals do. They probably did, actually. Everyone else was just too busy watching pictures of their friends pets and children to notice.


RELATED: The Chinese Want to Know Why Their News Is on Twitter and They Aren’t






But alas, by Sunday everyone had noticed. Although it had already been mentioned on smaller tech blogs, the Vine porn problem started to become widely known after New York Times reporter Nick Bilton tweeted, “Friend: ‘So are people using Vine for porn yet?’ Me: “‘Nah, I don’t think so.’ Friend: ‘Check the hashtag #porn.” Both: “Holy ****!’” And the thing is, he’s totally right. TechCrunch published a post on the NSFW trick — #NSFW works for porn seekers, too, by the way — broaching the topic of Apple‘s App Store coming down hard on the adult-only content. It’s against the rules, see, and Apple has a history of yanking apps that become magnets for all things naughty. The Verge followed up a few minutes later with the headline, “Apple has a porn problem, and it’s about the get worse.”


RELATED: How Not to Get Censored on Twitter


This got us thinking: These App Store restrictions on pornographic content have been around as long as the App Store. Surely in the past five or so years, the moderators know a porn magnet when they see one. Vine is hardly the first video-sharing app to make it through the approval process, not to mention the many photo-sharing apps. (And Apple’s certainly not afraid of enforcing those rules, as we learned when it yanked the 500px app after it started to become home to “pornographic images and material.”) It’s no anomaly that Vine made through, though. As virtually every new video- or photo-sharing service has shown us since the dawn of the Internet, from Flickr to ChatRoulette, it’s very difficult to keep these sites or apps G-rated. So the companies either learn how to police it well, like Flickr does, or they wither and die, as ChatRoulette did.


RELATED: Twitter’s New Hashtag Project Sounds Risky


So it’s hard to believe that the App Store didn’t consider the fact that people might upload pictures of their penises to Vine. It’s more likely that they did and decided to see how Twitter would deal with it, when it became a problem. After all, Vine is not going to be the last video-sharing app to be built and it certainly won’t be the last porn-friendly app to be built either. So Twitter gets to play guinea pig and navigate the tricky terrain of moderating user-generated content in real time. It’s a good thing they already have a boatload of experience doing that on Twitter! See, look how fast they came up with a solution. A company statement reads:


RELATED: The Good, the Bad, and the Fuzzy of Twitter’s New Censorship Rules



Users can report videos as inappropriate within the product if they believe the content to be sensitive or inappropriate (e.g. nudity, violence, or medical procedures). Videos that have been reported as inappropriate have a warning message that a viewer must click through before viewing the video.


Uploaded videos that are reported and determined to violate our guidelines will be removed from the site, and the user that posted the video may be terminated.



Twitter being Twitter — that is, big proponents of the free flow of information — they stop short of defining “inappropriate” in Vine’s terms and conditions. Unlike Twitter, which has been free to operate on the whole of the Internet, however, Vine lives in Apple’s house now. If Twitter’s hands off policy doesn’t do enough to keep smut off the iPhone, Apple will surely pull the plug, and then, well — then we’ll be back to where we were last week.


Wireless News Headlines – Yahoo! News





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Screen Actors Guild Award Fashion Video

From Jennifer Lawrence's navy blue Christian Dior dress to Anne Hathaway's surprisingly sheer Giambattista Valli number, the 2013 Screen Actors Guild Awards was full of amazing fashion.

Pics: Vote on the SAG Awards' Most Talked-About Dresses

Click the video for an up-close view of the night's most incredible dresses!

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Firing lines








Anyone with any common sense knows you can lose your job by posting party photos of yourself on Facebook. But there are some lesser-known acts — also unrelated to job performance — that can get you canned. Read on to discover other types of seemingly innocent behavior that can morph into firing offenses.

You can be fired for publishing a group photo: The National Labor Relations Board recently ruled that employees can’t be terminated for publishing certain social media posts about their jobs, provided the posts cover working conditions. However, the ruling does not cover tweeting or Facebooking other — often innocuous — details about your company, and other civil laws can still land you in the hot seat.





PHOTO FINISH: Publishing a picture of your clients and customers can land you in hot water with your employer, thanks to civil laws.


PHOTO FINISH: Publishing a picture of your clients and customers can land you in hot water with your employer, thanks to civil laws.





For example, an employee can get in trouble if he or she is at a company picnic with co-workers, clients and customers, and whips out an iPhone to snap a group photo. The employee later posts the photo on Facebook with a nice caption about the customers.

As innocent as this seems, it could result in the would-be Annie Leibovitz getting fired, says Pedram Tabibi, an attorney at Meltzer, Lippe, Goldstein & Breitstone on Long Island, which specializes in social media and business law.

“Under New York civil rights law . . . you can’t a use person’s name, picture, portrait or voice in commercial advertising without their consent,” says Tabibi.

“Arguably those customers could have a claim — you used their image for commercial purposes without their consent,” he adds.

You can be fired for tweeting something nice about your company: Gene Morphis, once the CFO of fashion retailer Francesca Holdings Corp., was active on Twitter, often posting good news tweets such as “Board meeting. Good numbers=Happy Board.”

The company fired him in May, citing failure to comply with company policies.

Posting sensitive information — even if done in a flattering or unwitting manner — could result in termination: “You just sent out information the company wasn’t ready to release to the public,” says Tabibi.

If this happened today, would the recent NLRB ruling have protected Morphis? Not likely.

“The types of comments he made, more geared towards his own well-being, are really not ‘concerted,’ because he is not necessarily discussing conditions that affect other employees,” Tabibi says.

You can be fired for having a (side) job: Given the sluggish economy, companies everywhere are asking employees to work more while paying them less — so many workers are burning the candle at both ends, taking second jobs or freelance work which could, in turn, waltz them out of their primary position.

These workers are getting canned for two reasons, according to David Lewis, CEO of OperationsInc, a human resources outsourcing and consulting firm in Norwalk, Conn.

“The first thing we’ve seen is companies who have said, ‘Your performance is lacking. You’re showing up late. You’re leaving early, and we view this other job as a conflict,” he says.

Also, many workers get second jobs in the same field as their primary jobs — which can create a conflict of interest.

Lewis recalls the firing of an NYC digital-media employee who consistently refused to work past 5 p.m. When the employer found out he had a night job — also at a Web design company — he was fired the following week.










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Miami Herald Business Plan Challenge opens for entries




















Entrepreneurs, please don’t let the name of our contest scare you.

As we launch our 15th annual Miami Herald Business Plan Challenge today, we are putting out our annual call for entries. But we aren’t looking for long, laboriously detailed business plans. Quite the contrary.

More and more, today’s investors in very early stage companies want to see a succinct presentation of your concept and how you plan to turn it into a success. We do, too.





If you have a business idea or an operating startup that is less than two years old, you can enter the Challenge, our annual celebration of South Florida entrepreneurship. Sponsored by the Pino Global Entrepreneurship Center at Florida International University, our contest has three tracks — a Community Track, open to all South Floridians; an FIU Track, open to students and alumni of that university; and a High School Track, co-sponsored by the Network for Teaching Entrepreneurship.

Your entry may be up to three pages and you may attach one additional page for a photo, rendering, diagram or spreadsheet if you wish. Think of it as a meaty executive summary. Experts in all aspects of entrepreneurship — serial entrepreneurs, executives, investors, advisors and finance specialists (see judge bios on MiamiHerald.com/challenge) — will judge your short plan. In doing so, they will be looking at your product or service’s value to the customer, market opportunity, business model, management team and your marketing and financial strategies. See the rules on page 22, which also include tips on preparing your entry.

Your entry is due by 11:59 p.m. March 11. Entries should be sent to challenge@miamiherald.com, fiuchallenge@miamiherald.com or highschoolchallenge@miamiherald.com.

Don’t worry, we’re here to help!

“Frame your business from your customer’s perspective and not yours. Rather than diving into a detailed explanation of your product or service, a more compelling way to tell your business story is to clearly share the problem that you are solving for your customers and how your business is different, better, faster, cooler, cheaper, smarter,” says Melissa Krinzman, managing director of Venture Architects and a veteran Challenge judge.

On Feb 26 at 6:30 p.m. at Miami Dade College, we’ll host a free Business Plan Bootcamp, where you can bring your working plan with you for advice from experts, including Krinzman. Find the sign-up link on MiamiHerald.com/challenge.

And each week in Business Monday and on MiamiHerald.com/challenge, we’ll be bringing you advice and answering your questions. You can post your questions on the Q&A on MiamiHerald.com/challenge or email your questions to me at ndahlberg@miamiherald.com. Follow @ndahlberg on Twitter.

The top six finalists in the Community and FIU Tracks will present their 90-second elevator pitches for our popular video contest. Last year our People’s Pick contest drew more than 18,000 votes.

On May 6, in a special section of Business Monday, we will profile the winners — the judges’ top three selections in each track plus the People’s Pick winners. Along the way, we will unveil semifinalists and finalists to keep the suspense building.

Today, though, we are looking back on the entrepreneurial journeys of our 2012 winners. Funding was a nearly universal challenge, and many faced setbacks in developing their platforms. Throughout the entry period, we’ll also look back on other winners from the past 14 years.

Show us what you’ve got. Let’s make this the best Challenge yet.





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Woman’s Club member earns another well-deserved honor




















Warm congratulations to my friend and Miami Woman’s Club sister Dolly MacIntyre, who will be honored as the club’s Historian of the Year for 2013 on Tuesday at the monthly luncheon meeting.

Dolly has been a resident of Miami for 56 years. She began her involvement with local history and historic preservation in 1966. She is a kind and unassuming woman who goes about doing good works without blowing her own horn and she is a highly acclaimed activist for historic preservation and the recipient of numerous awards for dedicated service.

In 2012, she received the Mary Call Darby Collins Award from the state of Florida for her preservation work. Early on, she became a charter member of the Villagers and founding president of the Dade Heritage Trust, and today she remains active in both organizations.





Dolly is a lonttime member and past officer of the MWC, the Woman’s Club of Coconut Grove, the Dade County Federation of Women’s Clubs and the Women’s History Coalition. In addition, she is a board and committee member of many community organizations.

The luncheon will begin at 11:30 a.m. with networking, with lunch and the program to follow at noon in the Ballroom of the Doubletree Grand Hotel, 1717 N. Bayshore Dr.

You can still make reservations and pre-order for vegetarian option by calling Nancy Smith at 305-891-3789. The cost is $25 for members and $35 for non members.

Retired FIU professor honored for book

There’s a lot to be happy about today. Howard B. Rock, Florida International University professor of history emeritus, recently was awarded the Everett Family Foundation Jewish Book of the Year at the 2012 National Jewish Book Awards. The award was announced Jan. 15 by the Jewish Book Council and was for the three-volume series City of Promises: A History of the Jews of New York of which Rock wrote the first volume, Haven of Liberty: New York Jews in the New world, 1654-1865.

Rock shared the top Jewish book award with Annie Polland and Daniel Soyer, who authored the second volume, "Emerging Metropolis: New York Jews in the Age of Immigration, 1840-1920", Jeffrey S. Gurock, who wrote the third volume, "Jews in Gotham: New York Jews in a Changing City, 1920-2010", and noted Jewish historian Deborah Dash Moore, who was the general editor of the project.

Rock, a Miami resident and member of Temple Israel of Greater Miami, also co-authored a history of New York Jewry. He taught American history for 36 years at FIU. His speciality is early American history to 1815, early American social history, the history of New York City, early American labor history and early American political history. In addition, he has published an/or edited five books, including Artisans of the New Republic, The New York Artisan, Keepers of the Revolution, The American Artisans, and A History of New York Images.

Guest composer at FIU

The Florida International School of Music will present a program, “East Meets West,” with guest composer Chinary Ung and the FIU Symphony Orchestra at 7:30 p.m. Friday at the Wertheim Performing Arts Center, 10910 SW 17th St.

Also featured on the program is the Amernet String Quartet and the NOBUS ensemble and the music of Ung, Garcia, Sudol, Jen and Colangelo.

The concert is free and open to the public.

MDC leader to speak in Homestead

You are invited to hear Jeanne Jacobs, president of the Miami Dade College Homestead campus at noon on Feb. 4, at the Homestead Community Center, 1601 N. Krome Ave. Jacobs is the Black History Month speaker at the Bea Peskoe Lunchtime Lecture series, presented free by the Homestead Center for the Arts.





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Exclusive PIC: 2013 SAG Awards Seating Chart GigaPan Photo

Where the stars will be sitting at this year’s SAGs?

You don't have to wait until Sunday to see which celebs will be seated together! ET has your first look at the 2013 SAG Awards seating chart.


Pics: The 10 Best SAG Awards Dresses of All Time

Explore our exclusive interactive GigaPan below!  For the full-screen high-res panoramic photo, click here.


Related: Pick The Winners with ET's SAG Awards Ballot!

Don't miss the 19th Annual Screen Actors Guild Awards, airing Sunday, January 27 at 8pm on TNT and TBS.

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Rights control









Alex Haller’s ideas make perfect sense (“One Sandy Hook Family’s Gun Ideas,” Ramesh Ponnuru, PostOpinion, Jan. 23).

They won’t be adopted because ghoulish progressives, like Gov. Cuomo and President Obama, love to exploit other peoples’ tragedies.

For them it is not about controlling guns, but us.

The ultimate question is a simple one: What do you call a people without access to guns?

O. Glazebrook, East Hampton

NFL wife woe

What has become of this world (“NFL Wife Hooters & Hollers,” Jan. 22)?

Anna Welker, wife of New England Patriot Wes Welker, stated her opinion and later had to apologize for it.




I don’t understand why, when all she was doing was stating verifiable facts about the Baltimore Ravens’ Ray Lewis.

For this, The Post brands her “not very lady-like in defeat.”

Michael Murphy, Mahopac

Phil’s tax facts

Phil Mickelson spoke his mind against the progressive tax agenda in California and was forced to apologize (“Had Your Phil of Taxes?” Editorial, Jan. 25).

Doesn’t the First Amendment apply to everybody?

When will conservatives stop apologizing for speaking truthfully about high taxes and the entire Obama regimen?

Lee Nieves, Charlotte, NC

Flu-shot flack

Dr. Evan Levine’s op-ed smacks of the typical complex that many doctors walk around with today (“NY Hospital Flu Horror,” PostOpinion, Jan. 18).

If an educated and licensed nurse doesn’t agree with his conclusion on the flu shot, he slams them personally and accuses them of making the wrong choice and taking a risk to themselves and the patients, instead of presenting evidence.

Many flu shots have an efficacy rate at best of about 60 percent and are filled with ingredients like aluminum, mercury, MSG and formaldehyde.

These nurses know the risks of taking chemicals and the benefits of taking the flu shot, and have made an informed choice.

Too bad Levine doesn’t respect their capabilities.

Lauren Kunis, Queens

Leo’s green idea

I can certainly understand why Leonardo DiCaprio would need to take a break, having starred in three movies in two years (“Leo Puts ‘Breaks’ on Acting,” Jan. 22).

His living “green” is admirable, but wouldn’t his plans to “fly around the world doing good for the environment” pollute the environment? Also, his electric car is plugged into a power source.

Surely, the electricity he is using is generated by fuel.

In the United States, some of that electricity is powered by coal.

Maybe DiCaprio needs to rest first before he speaks.

JoAnn Frank, Clearwater, Fla.

Listen to the Brit

Bill O’Reilly’s column concerning our president’s unapologetic sharp turn left was spot on (“Pumping Up the Liberalism,” PostOpinion, Jan. 25).

Our president’s use of the word “equality” is his term for socialism.

As the great Margaret Thatcher once said, “The problem with socialism is that eventually you run out of other people’s money.”

That’s the road we’re on.

Louie Rey, East Meadow









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Miami Lakes company growing its brand of skin care products




















For decades, Vivant Skin Care has formulated creams, serums, cleansers and tonics to treat such dermatological conditions as acne, aging and hyperpigmentation.

Family owned and linked to Dr. James E. Fulton, who co-developed the anti-aging formula Retin-A, the company built its reputation with medically tested therapies aimed at improving skin.

Now, like a complexion that has undergone the metamorphosis of time, Vivant is altering its manufacturing and sales structure and adding products, emerging from the economic downturn with a new plan for the future.





“Now we’re stabilized and looking forward to growth,” said Fulton’s daughter, Chief Executive, Kelly Fulton-Kendrick.

Founded in 1990, Vivant produces a line of 30 skin care products, all formulated in-house, and priced from $15 to $100. The products target both females and males, ages 13 and up.

“Our target market is people who have serious skin care problems and need solutions,” Fulton-Kendrick said. “Vitamin A is the best for affecting change in the skin.”

The clinical skin care products, packaged simply in white bottles and amber glass containers, have remained the company’s mainstay, as the business has transformed.

In mid-2011, Vivant decided to adjust its sales structure, to sell, for the first time, to online retailers like DermStore.com, SkinCareRX.com and amazon.com, as well as to make its products available on its own website, vivantskincare.com. It was a major change in course after more than 20 years of having its products sold only at spas and doctors’ offices.

“So now, we’re a mix of wholesale to skin care professionals and Internet retailers, and we’re selling directly to consumers through our own website,” Fulton-Kendrick said.

Mike Nelson, marketing manager at SkinCareRx.com, said Vivant, which it has sold since November, has “done very well for a new brand to our site,” surpassing some brands that have been on its site for over a year. He declined to provide figures.

SkinCareRX took on only 5 percent of the brands that approached it last year, he said, and had undertaken a rigorous review of Vivant.

“They have a good loyalty base and get great reviews,” Nelson said.

Along with changes in its sales system, in January 2012, Vivant moved from Medley to Miami Lakes, doubling its space to 11,000 square feet to accommodate manufacturing, which it brought in house to reduce costs. It had outsourced manufacturing to a lab in Costa Mesa, Calif., that it had previously owned and later sold.

Inside its warehouse space in a commercial business complex, a small staff handles manufacturing, shipping and packaging. All orders are taken by customer service and fulfilled onsite. A room used as an educational center allows vendors and aestheticians to learn about the products.

Martina Echeveria, international trade specialist at the U.S. Department of Commerce’s Miami U.S. Export Assistance Center, who is helping Vivant get a distributor in the Dominican Republic, said she recently nominated the company for a South Florida Manufacturer of the Year award. The awards are given by the South Florida Manufacturers Association.

“Their products are good and 100 percent U.S. made,” she said.

At Vivant’s offices, a lab area is used by Dr. Fulton for research and development. He also maintains a practice at Flores Dermatology in South Miami.





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Appeals court again upholds power of Miami’s Civilian Investigative Panel




















An appeals court has struck down a police officer’s challenge to the validity of Miami’s Civilian Investigative Panel — the second time the panel has withstood a legal challenge from police officers in the past five years.

Police Lt. Freddy D’Agastino and the Fraternal Order of Police filed a lawsuit arguing that the civilian panel, which reviews citizen complaints against officers and makes recommendations to the police chief, had no legal authority to investigate officers.

But in a ruling on Wednesday, the Third District Court of Appeal found that the panel neither conflicts with state or local law, nor intrudes on the police department’s power to discipline its officers. The CIP does not have the authority to discipline officers, though it does have the power to subpoena records and witnesses in its own investigations.





The appeals court also upheld the panel’s authority in 2008, when then-Police Chief John Timoney sought to prevent the panel from investigating him.





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