Gaming room stings put on hold

Something happened between the briefing room and the courtroom.

Plans have long been in place for a multijurisdictional police sting of more than 20 gambling rooms across Hernando, Sumter and Citrus counties.

SWAT was ready. Slot machines were supposed to have been seized. Charges were supposed to have been filed.

Meanwhile, law enforcement is still waiting. New gaming rooms keep opening.

"Hernando County's was the lead on this," said Heather Yates, a spokeswoman for the Citrus County Sheriff's Office. "They arranged a meeting to discuss the illegal gambling and our (tactical impact unit) attended the meeting.

"Nothing materialized," Yates continued. "We don't know the reason."

The delay has mostly to do with the difficulties in acquiring convictions against the business owners, according to several people with knowledge of the investigation.

"We're in the process of a judicial review," said Sgt. Donna Black, a spokeswoman for the Hernando County Sheriff's Office. "We're awaiting those results."

Hernando County has roughly a dozen gaming rooms across the county, including two in Brooksville.

During the past few months, new gaming rooms have cropped up along State Road 50, U.S. 41, County Line Road and U.S. 19.

Sumter County has three, including one in The Villages, a growing development community comprised mostly of seniors.

Authorities in that neck of the woods historically have kept a close eye on them.

"We've busted them in the past," said Lt. Bobby Caruthers, a sheriff's spokesman.

The agency wielding control on the current investigation is the State Attorney's Office for the Fifth Judicial Circuit of Florida. Ocala prosecutor Mark Simpson is overseeing it. He hasn't returned messages seeking comment.

"There's a lot of ambiguity in the law that's not clear," said Capt. Gary Brannan, who leads the investigative unit in Sumter. "We just want to make sure any laws we enforce are being enforced appropriately. It's still really, truly under study and advisement."

Simpson's boss, State Attorney Brad King, said his assistant prosecutor met with law enforcement a couple weeks ago.

During that meeting, Simpson and the other parties agreed there were "a couple issues that still had to be resolved" before any arrests could be made, King said.

He declined to be specific.

"If I knew, I wouldn't tell you," said King.

Simpson has tried and failed

Simpson has said in the past he wants more clarity in the state's statute. He wants to see the Florida Legislature pass a bill that would provide prosecutors like him more muscle in the fight against gaming rooms.

In an opinion published in November 2007, Florida Attorney General Bill McCollum stated it was the responsibility of local law enforcement to determine whether a gaming room is illegal.

Sen. Mike Fasano, R-New Port Richey, agrees with Simpson and thinks it is time for more guidance from Tallahassee. Gaming rooms are illegal and the vagueness of state law makes it difficult for prosecutors, he said.

Meanwhile, the word among legislators is that gaming room industry is building up its own reinforcements.

"The sweepstakes people have hired some (lobbyists) in Tallahassee," said Fasano. "They're trying to stop anything from being passed."

A spokesman for the Florida Association of Professional Lobbyists said he was unaware of anyone lobbying on behalf of gaming rooms. He said he called four former colleagues who lobby for gambling and they did not know of anyone.

Fasano thinks gaming room owners are becoming more brazen while lawmakers do nothing.

He said a new sweepstakes business is located within walking distance of the State Capitol.

"It's just very difficult when the law isn't very clear," Fasano said.

Gaming room owners and their attorneys argue they run legal businesses. Customers acquire Internet time or phone cards with no purchase necessary. They may use them on any of the computers offered inside the businesses. It's common to see all of them using their cards on slot-machine-styled games.

Advocates of gaming rooms equate their businesses to fast food or soda companies, which regularly offer games and prizes.

The first time Simpson prosecuted a gaming room case was in December 2009. The judge threw out the case in the middle of the trial for lack of evidence.

During a June interview with Hernando Today, Simpson said he learned from his previous failure.

"It gave us a chance to drop back and analyze," he said.

He'll try again in a few months. Three gaming room owners in the Ocala area were arrested last spring and had their property seized. One of them, Jeffrey Reed, originally was tried in the December 2009 case that was thrown out.

Reed and the other two defendants are scheduled to stand trial on gambling charges in October.

Other Florida counties grapple with gambling controversies

"My primary opposition to gambling is that it takes money away from people who can least afford it," said Lake County Commissioner Jimmy Conner, who rejected a suggestion from the city of Minneola to bring gambling parlors to the area to offset the effects of a struggling economy.

He said he is not on a "moral crusade" against gambling because he will occasionally purchase a lottery ticket, but based on what he's seen and learned, such businesses are a magnet for bad behavior.

"I don't think in the big picture gambling establishments are positive to have in your community."

Brian Kongsvik, a spokesman for the Florida Council on Compulsive Gambling, said he gives talks around the state about the negative effects of gambling.

Soon he is expected to speak to county commissioners in Duvall County, where there are approximately 55 gaming rooms, he said.

Some politicians have heeded Kongsvik's warnings. Baker County commissioners are looking into drafting an ordinance to prohibit gaming rooms. Orange County recently issued a moratorium.

Hernando County Commissioner Dave Russell said he doesn't see similar moves happening in Hernando.

"I have no appetite for that," said Russell. "I'm confident leaving that up to law enforcement's hands."

Brooksville Police Chief George Turner said he has been left in the dark about what will happen next. He was told in June by the State Attorney's Office that his agency would take part in a joint sting operation.

"It kind of fell apart and now we're just sitting back," Turner said.

He said few city residents have called his office to complain about the gaming rooms, which usually are located inside strip malls.

The windows are tinted and usually the signage reads "Internet cafes" or "sweepstakes."

"I think it might be a little bit gray," said Turner about the legalities of gaming rooms. "It might be hard to pinpoint for prosecutors right now. They've got to be able to prove they're illegal in court ... If there are still so many questions then it's just not worth it."