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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Miami city manager will be out recovering from knee surgery in early February

Who is going to fill in for Miami City Manager Johnny Martinez while he is recovering from knee surgery in early February?

The honors will go to Assistant City Manager Luis Cabrera, according to a Friday afternoon memo from Mayor Tomás Regalado.

Under the city charter, the mayor is responsible for appointing an acting city manager. But the commission has the power to override Regalado’s pick.

“Anyone who is up in that chair needs to be ratified by this commission,” Commissioner Frank Carollo said at a meeting Thursday.

That could present a challenge. There are no commission meetings between now and Martinez’s surgery.

At Thursday’s meeting, Martinez said he had spoken to Regalado, and recommended rotating the job among Cabrera, Assistant City Manager Alice Bravo and Chief Financial Officer Janice Larned.

Regalado wasn’t in the commission chambers during the discussion.

Carollo, using the language in the city charter. raised questions about Regalado naming “a qualified officer” to the post.

“This is the city of Miami,” Carollo said, referencing criticism that high-level employees have been hired without meeting the minimum qualifications for the job.

City Attorney Julie O. Bru said commissioners could convene a special meeting if they had any qualms.

It wasn’t clear if any planned to raise objections.

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Google reportedly ‘actively exploring’ the smartwatch market

In October, Google (GOOG) was granted a patent for a smartwatch with a flip-up display, however it was assumed that the concept, like most patents, would never move beyond the drawing board. A new report from Business Insider claims that the company is now “actively exploring” the idea of producing its own smartwatch and is even looking into ways it could market such a device. Information is slim and it is unclear what size the device would be or if it would even run the company’s Android operating system. Business Insider cautioned that the project is still in a “very early stage” and “it remains to be seen if Google will actually end up bringing a smart watch to market.” As the Pebble has shown, however, there is clearly a market for smartwatches.

[More from BGR: Unlocking your smartphone will be illegal starting next week]

This article was originally published on BGR.com

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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 (high-res panoramic photo) below!

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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Dress up, dudes

Young men starting their first jobs and veterans who’ve recently been promoted or switched to working in an office with a different dress code could all use some style guidance, particularly if their attire is supposed to fall under the nebulous “business-casual” category.

Trunk Club will help sartorially challenged guys get the high-end clothes they need without having to go shopping.

After you sign up online, a stylist will contact you to provide a consultation. In addition to basic information about your body type and hair and eye color, you can tell your stylist what situations you need clothes for (e.g., a new job, important meetings with clients) and what types of clothes you want.

You can also negotiate a budget for the clothes that will be shipped to you.

A trunk of roughly 10 items, along with a hand-written note about why the enclosed clothes were chosen, will be sent to you for free.

You have 10 days to try on your prospective duds, and you can return any items that you don’t want, also for free, courtesy of a prepaid FedEx return label. You only have to pay for the clothes you keep, and the price tags are on all of the items.

You can then talk to your stylist about subsequent trunks whenever you need some new gear.

Although Trunk Club focuses on business-casual attire, if you need some suits, they can provide those, too.

A typical trunk will have roughly $1,500 worth of merchandise, and customers usually keep about a third of that, so your first shipment of clothes will likely end up costing you $500. The pricing for individual items is similar to that of upscale department stores.

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Economist: Euro crisis could erupt again this year

DAVOS, Switzerland --
Is the euro crisis over? A leading U.S. economist says not by a long shot.

Even as the head of the European Central Bank talked Friday of “positive contagion” in the markets and predicted an economic recovery for the recession-hit eurozone later this year, economist Barry Eichengreen warned that the debt crisis that has shaken Europe to its core could easily erupt again this year unless European leaders move faster to solve their problems.

While European governments and markets have been breathing easier in recent months after years of turmoil, it’s no time for complacency, said Eichengreen, a professor at the University of California - Berkeley who has chronicled the Great Depression and explored the consequences of a breakup of the euro currency.

“Nothing has been resolved in the eurozone, where markets have swung from undue pessimism to undue optimism,” Eichengreen told The Associated Press in an interview at the World Economic Forum in Davos, Switzerland, an annual gathering of corporate and government leaders. “They said all the right things last year … and they’ve been backtracking ever since.”

He urged eurozone leaders follow up on its proposals to steady its banking system and keep failed banks from adding to government debt through expensive bailouts.

European leaders in Davos this week are seeking to reassure investors and corporate leaders that the continent is on the mend after its punishing debt crises.

European Central Bank chief Mario Draghi on Friday forecast a recovery in the eurozone economy in the second half of the year, and spoke of “a new restored sense of relative tranquility” and “positive contagion on the financial markets.”

But he acknowledged “we don’t see this being transmitted into the real economy yet.”

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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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Apple’s China dilemma: market share or cachet?

HONG KONG (Reuters) – Apple Inc’s third straight disappointing quarter signals an urgent need for the global technology leader to drum up new revenue – and China may provide the answer.

Now more than ever, analysts say, Apple needs to get it right in the world’s most populous country, where it ranks only sixth in annual smartphone sales and Samsung Electronics remains the runaway leader.

Apple’s best plan of attack remains securing a deal with the country’s top mobile carrier by far, China Mobile Ltd. It also needs to push the development of more localized apps and extend installment financing to bring its pricey smartphones within the reach of an urban populace with an average annual income of just $ 3,500.

But it should resist the temptation to just put out a cheaper iPhone, some analysts say. Introducing a long-rumored lower-cost version of the gadget could backfire by diluting Apple’s premium brand – one of its most valuable assets.

“If you think of Apple, it’s like a bright star in the galaxy, shining so brightly and everyone is looking at it. But it might have dimmed a bit as other stars such as Samsung have popped up,” said TZ Wong, an analyst at research firm IDC.

“I don’t think it’s in Apple’s interest to further dim its star power by stepping into the low-end segment.”

With Apple’s product pipeline guarded with the same zeal accorded state secrets, some analysts are focusing instead on what the world’s largest technology company needs to do to finally become a major player in the world’s No. 2 economy.

While iPhone sales leapt 60 percent last quarter, investors worry that, in the longer term, the company may be pricing itself out of a golden opportunity while Samsung and local rivals from Huawei Technologies Co Ltd to ZTE blanket the market with cheaper phones that rival the iPhone in quality and usability.

A deal with China Mobile, the world’s largest mobile phone carrier with more than 700 million users, will prove instrumental but analysts say that may not happen until the issuance of 4G wireless licenses, which could take place later this year or even in 2014.

“The competitive landscape has definitely cranked up a few notches from a year ago. So there is more urgency for Apple to explore its ways to grow,” IDC’s Wong said.

CEO Tim Cook has made it no secret that China is an area of intense focus for the iPad and iPhone maker, especially given the still-low penetration across the country of smartphones and tablets. Apple has said it will continue to expand its retail network there, and in January, Cook flew to Beijing for at least the second time in a year, to meet with pivotal carrier China Mobile.

A STAR IS DIMMED

On Wednesday, Apple missed revenue forecasts for the third straight quarter after iPhone sales came in below expectations, fanning fears that its dominance of consumer electronics is slipping.

Apple’s revenue in China, including neighboring Hong Kong and Taiwan, totaled $ 7.3 billion in the December quarter, up 60 percent from a year earlier.

But there are signs that Apple’s vaunted cachet in the world’s most populous nation is waning.

Recent product launches for the mini-iPad and the iPhone 5 have drawn a relatively subdued response from Chinese consumers, in stark contrast to the fist-fights and egg-hurling at its Beijing store a year ago when sales of the iPhone 4S were delayed.

Since the iPhone 5 went on sale in mid-December, transactions have fallen by half, according to the Taobao Index, the consumer research data website of Internet giant Alibaba Group.

The iPhone is also losing out as consumers opt for bigger screens to watch Chinese soap operas while travelling on trains, or affordable smartphones in the sub-1,000 yuan ($ 160) category made by local vendors.

“When I started using a bigger screen, there was no turning back for me. Small screens don’t work anymore,” said a business executive surnamed Wen, as he swiped the screen on his Samsung Galaxy Note during lunch in Beijing.

Around half of the more than 60 million smartphones shipped in China in the third quarter last year had screens that were bigger than 4 inches, based on IDC’s latest figures. The iPhone 5 comes with a 4-inch screen, while the Galaxy Note II’s screen is 5.5 inches.

Also, local vendors such as Coolpad smartphone maker Yulong Computer Telecommunication Scientific (Shenzhen) Co Ltd, which offers cheaper alternatives, and Meizu Technology Co Ltd, known for its minimalist designs, have seen its legion of fans grow.

Price is a key factor, especially in the Chinese market where around 80 percent of the more than one billion mobile phone users are still on 2G networks.

On the online Taobao website, Coolpads and low-end models made by Huawei Technologies Co Ltd and ZTE Corp are selling at below 1,000 yuan, a sweet spot for many consumers switching from basic phones to smartphones.

Apple has moved to address that, partnering with China Merchants Bank to offer financing and installment options so that buyers can pay with the bank’s credit card when they shop online, media reports said.

Finally, expanding the number of applications customized for China will help grow Apple’s market share but that might need tighter collaboration with Chinese companies, such as Baidu Inc and Tencent Holdings Ltd.

“Consumers will definitely welcome closer cooperation between Apple and Chinese tech firms to customize the iPhone for the use of apps such as Tencent’s WeChat,” said Frederick Wong, executive director of Avant Capital Management (Hong Kong) Ltd, a fund that invests in Apple-related options.

(Editing by Edwin Chan and Richard Chang)

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Burt Reynolds Hospitalized with Flu

Burt Reynolds is recuperating in a Florida intensive care unit after being hospitalized for dehydration and severe symptoms relating to the flu.

A representative for the 76-year-old actor tells CNN that, as of Friday afternoon, Reynolds is "doing better" after being admitted to the ICU.

Related: Burt Reynolds Undergoes Open Heart Surgery

"We expect, as soon as he gets more fluids, he will be back in a regular room," says rep Erik Kritzer.

When asked, Kritzer declined to say which hospital facility Reynolds is currently recovering in.

The actor has suffered other bouts of ill health in recent years. In 2010, Reynolds underwent a quintuple heart bypass one year after entering rehab to end a reliance on prescription drug habit acquired after back surgery.

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Caught: Suspect who escaped during bathroom break nabbed in Bronx

They finally flushed out this fugitive!

A murder suspect who escaped from a Brooklyn police precinct yesterday by asking a cop for a bathroom break was captured today by cops hiding out in a friend’s Bronx apartment, the NYPD said.

Brandon Santana, 24, was apprehended at 3:15 p.m. at 3930 Third Avenue by NYPD officers and the Regional Fugitive Task Force, about 37 hours after he ran, un-handcuffed, from the 78th Precinct in Park Slope after knocking down a cop escorting him to the toilet.

Police said that the girlfriend of Santana’s friend opened the door when they arrived, and she told them that a pal of her boyfriend was staying there.

NYPD

Brandon Santana, escaped during bathroom break.

Cops found Santana standing in the bedroom, and took him into custody without incident, according to the NYPD.

Santana is suspected of repeatedly bashing 22-year-old dad-to-be Alexander Santiago with a lead pipe during a gang assault on the man and three of his friends at 12th Street and Fifth Avenue in Park Slope on Aug. 1, 2010.

After Santana’s latest arrest today, Santiago’s girlfriend Stephanie Mercado, told The Post, “'I hope the cops keep him tight, and don't let him get away.”

“No bathroom breaks this time,” Mercado said. “And now that they have him we want them to get the rest of the cowards. I want justice."

Santana’s apprehension was the second time in the past week he was caught by cops.

He had been hiding out with a relative in Iowa, but returned to the city this week – and was promptly caught by cops who wanted to arrest him for Santiago’s murder.

Detectives questioned Santana at the station house Wednesday night, and then left at the end of their shift at 1 a.m. yesterday, expecting to put him in a witness lineup later.

An hour later, after he had been placed in a first-floor holding cell, Santana asked the officer minding him if he could use the bathroom.

When the cop opened the cell door, Santana — who was not handcuffed — shoved the officer, knocking him to the ground, and ran straight out of the station house, law-enforcement sources said.

One cop behind the front desk jumped over it to chase him, but hurt himself in the process, sources said.

A lieutenant also went after Santana but couldn’t catch up, sources said.

“It’s like they gave us justice, then took it away,” said Anaisa Santiago, Alexander’s 15-year-old sister yesterday.

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Lennar design accommodates multigenerational families

In some cases, it may be Grandma moving in with the family. Other times, it may be a recent college graduate returning to the nest.

For all sorts of reasons — financial, medical, personal — a rising number of Americans are moving into extended family households.

Spotting a niche in the growing trend, Lennar Corp. has launched a new concept tailor-made for multigenerational family living.

It’s basically a house within a house: a smaller living unit next to the main home designed to provide independence but also access to the rest of the family household.

“People are really loving the whole concept,” said Carlos Gonzalez, president of the southeast Florida division of Lennar, a Miami-based home-building giant. “We adapted to the market from a design standpoint.”

In Miami-Dade County, Lennar is selling various versions of multigenerational homes in three new developments in Doral, Kendall and Homestead.

Louis Moreno of Kendall and his wife, Danilza Velez, signed a contract for a large NextGen home in The Vineyards development in Homestead last October — even before the models had been built.

“We loved it,” said Moreno, a 45-year-old engineer.

Moreno said his mother-in-law will be able to use the new suite when she visits, as will his family members who frequently come to town from Puerto Rico. “This will provide them with more comfortable space and more privacy,” he said. He also plans to use it as a game room and entertainment area.

The two-story Zinfandel home Moreno picked has three bedrooms and 2 1/2 bathrooms in the main home with a family room and two-car garage. In addition, it has an ample 789-square-foot suite with two bedrooms, a bathroom and a kitchenette. The suite has its own garage, a separate front entrance and an internal door connecting to the main home.

The Zinfandel, which has 2,249 square feet of air-conditioned space in the main house, starts at $283,990 in the Homestead community at 128 SE 28th Ter., but a similar home in Kendall would run about $100,000 more, primarily because of higher land costs, Fernandez said. (In Doral, there is a NextGen home priced at $677,990.)

Some multigenerational models have suites as small as 489 square feet, but all have a separate entrance, a bedroom, a bathroom and some sort of kitchen space.

The idea takes various shapes. One option at the Kendall Square development at 16950 SW 90th St. is a Granny unit above a detached garage.

“Independence is the key word,” said Frank Fernandez, director of sales and marketing for the southeast Florida division.

Depending on local zoning rules, some homes can have full kitchens, others are restricted to kitchenettes with a microwave but no stove. Similarly, some municipalities permit the space to be used as a rental, others prohibit it.

The choice is proving popular. Fernandez said in The Vineyards development in Homestead, 10 of the 14 homes sold to date are NextGen. At Kendall Square, 35 of 107 sales are multigenerational, and at the Isles at Grand Bay development at 11301 NW 74th Street in Doral, five of 48 houses are.

Adapting homes for special needs, such as wheelchairs and safety railings, is done at cost, Fernandez said: “That is company policy.”

As one of the nation’s largest home builders, Lennar has been rebounding strongly from the housing crash. Last week, the builder, whose shares trade on the New York Stock Exchange, posted better than expected earnings for the fourth quarter and fiscal year ended Nov. 30, 2012.

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Florida Legislature now rethinking mental health spending

In light of the tragic shootings in Connecticut and Colorado, Florida legislators are taking a hard look at the state’s mental health system, which ranks 49th among states and the District of Columbia when it comes to funding.

“That’s $39 per person per year,” said Bob Sharpe, president and CEO of the Florida Council for Community Mental Health, one of 10 panelists addressing the House Healthy Families Subcommittee Thursday as an “ongoing conversation” to address the system’s woes. That figure, experts said, was lower than per capita funding for mental health in the 1950s.

The violence at Sandy Hook Elementary School is just one reason for action, said the subcommittee’s chair, state Rep. Gayle Harrell, R.-Stuart. “Any time you have a tragedy it certainly focuses public attention on an issue,” Harrell said. “We want to make sure that we don’t just do this however when there’s a tragedy.”

Legislators need to look at the continuum of care “from prevention to identification to intervention to treatment,” Harrell said, if any improvements can occur in a system where issues range from school safety to finding places for mentally impaired nursing home patients.

The lack of funding for prevention in the community, particularly in schools, has been a key issue both at Thursday’s subcommittee meeting and at a Senate meeting Wednesday chaired by Sen. Eleanor Sobel, D-Hollywood.

That’s because the bulk of the state’s $723 million mental health budget is used for treatment, said Rob Siedlecki, assistant secretary for Mental Health and Substance Abuse.

Harrell’s committee asked each panelist to come up with policy rather than funding solutions for mental health issues in the state.

“If we can set up a system in place and look at our system and really change it so that it is much more responsive to prevention, to the needs of the community then you can avoid some of those tragedies perhaps,” Harrell said. “When a tragedy fades and the memory of it fades, you don’t want to let this issue fade. “

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Samsung puts lid on capex for first time since financial crisis

SEOUL (Reuters) – Samsung Electronics Co turned cautious on spending for the first time since the global financial crisis, keeping its annual investment plan unchanged at 2012 levels, as demand for computer chips wanes and the smartphone market slows.

Samsung, one of the industry’s most aggressive spenders, has ramped up capital expenditure every year since 2004 except 2009 to meet soaring demand for its array of consumer electronics and mobile devices. It sold a record 700,000 smartphones a day in the last quarter.

But with the personal computer market shrinking for the first time in 11 years, the global smartphone market growing more slowly, and Apple Inc moving to buy fewer of Samsung‘s microprocessors used in the iPhone and iPad, the South Korean IT giant is now forced to keep a lid on spending.

“Overall its earnings momentum remains intact, and smartphone shipments will continue to grow even in the traditionally weak first quarter, as Samsung’s got a broader product line-up and Apple appears to be struggling in pushing iPhone volumes aggressively,” said Lee Se-chul, a Seoul-based analyst at Meritz Securities.

Samsung, which reported a record quarterly and annual profit on Friday, said it would keep 2013 capital expenditure unchanged from 2012.

“The key word for us in investment in 2013 is flexibility. We’ll decide as the market demand dictates,” Robert Yi, head of Samsung’s investor relations, told analysts.

Data from the company shows Samsung started to slow down planned investment in the last quarter.

Samsung said it spent 4.4 trillion won in October-December, pushing its 2012 investment to a record 23 trillion won ($ 21.5 billion). But the company said in October that it was on course to spend 25 trillion won in 2012.

Analysts had expected a 4-20 percent cut in Samsung’s 2013 capital spending.

By contrast, Taiwanese rival TSMC is planning to raise its capital expenditure to $ 9 billion this year, aimed in part at winning Apple orders away from Samsung.

Shares in Samsung fell 2.1 percent as of 0250 GMT, lagging a 1.1 percent decline in the wider market.

RECORD EARNINGS

Samsung had poured money into factories to boost production of chips and panels used in Apple products and its Galaxy range devices, pushing its operating profit to 8.84 trillion won in the last quarter. The 89 percent increase from a year earlier was in line with its earlier estimate.

Profit at its mobile devices division, which makes phones, tablets and cameras, more than doubled to 5.44 trillion won in the quarter from a year earlier, lifted by a broader offering of smartphones – from the very cheap to the very expensive.

The division accounted for 62 percent of Samsung’s overall fourth-quarter profit, up from 55 percent a year earlier.

Samsung is also seeing strong sales of its Note phablet, which analysts expect to help Samsung get through any seasonal weakness better than rivals.

Samsung, which doesn’t provide a breakdown of smartphone sales, is estimated to have sold around 63 million smartphones in the last quarter, including 15 million Galaxy S IIIs and 7 million Note IIs.

The company also said 2012 operating profit rose 86 percent to an all-time high of 29 trillion won.

SAMSUNG VS APPLE

Samsung sold 213 million smartphones last year and enlarged its share of the global market to 30.4 percent from around 20 percent in 2011, a report by market research firm Strategy Analytics showed on Friday. The sharp increase reflects Samsung’s aggressive marketing of its wide product range.

Apple’s share of the market shrank slightly to 19.4 percent from 19.0 percent in 2011, according to the report.

Globally, sales of smartphones surged 42.7 percent last year to 700 million, Strategy Analytics said.

Samsung said on Friday it expects the global smartphone segment to shrink in January-March from the seasonally strong fourth quarter, and that growth of the overall handset market will slow to the mid single-digits this year.

The forecast is in line with industry estimates, with signs of a slowdown having already emerged.

Apple shipped 47.8 million iPhones in the three months ended December, a record that nonetheless disappointed many analysts accustomed to years of outperformance. The Cupertino, California-based company also missed Wall Street’s revenue forecast for a third straight quarter as iPhone sales lagged expectations.

Apple shares have dropped by more than a third since mid-September as investors fret that its days of hyper growth are over and its devices are no longer as ‘must-have’ as they were.

By contrast, shares in Samsung have risen 12 percent in the same period as the company once seen as quick to copy the ideas of others now sets the pace in innovation.

At the world’s biggest electronics show in Las Vegas this month, Samsung unveiled a prototype phone with a flexible display that can be folded almost like paper, and a microchip with eight processing cores, creating a buzz that these may be used in the next Galaxy range.

“It’s very probable to us that the Exynos 5 Octa (processor) will find its way into the Galaxy S4,” UBS analyst Nicolas Gaudois wrote in a recent note.

“It also looked as if the curved display is close enough to finished product. We came away even more convinced that displays will provide significant differentiation to Samsung devices, and application processors will materially grow over time,” Gaudois said. ($ 1 = 1066.2000 Korean won)

(Reporting by Miyoung Kim; Editing by Ryan Woo)

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Katy Perry Turns '70s Game Show Host

A mustachioed Katy Perry helps celebrate Ellen DeGeneres' 55th birthday during tomorrow's episode of The Ellen DeGeneres Show.

RELATED: Candid Star Sightings

The comedienne's birthday is Saturday, but instead of receiving gifts she decided to dish them out, allowing Perry to live her dream of being a game show host.

In the clip, Perry enters in '70s TV garb complete with a plaid three-quarter-length suit jacket, bow tie and mustache.

RELATED: Ellen DeGeneres Slams One Million Moms

"I asked for the Anne Hathaway, obviously," Perry joked, referencing her cropped hairdo.

Click the video to see the pop star introduce "everyone's favorite party game" Grab Ellen's Bust. You can watch the entire birthday episode on Friday. Check your local listings.

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Fly in the ointment

President Obama is riding high in the afterglow of his second Inauguration — but the signs of trouble ahead are already becoming clear.

First off, it now looks like the US economy peaked in the third quarter last year — growing at 3.1 percent, a huge leap from 1.3 percent in the second quarter and 2 percent in the first.

That was perfect timing for his re-election, bringing unemployment below 8 percent for the first time since Obama took office and robbing Mitt Romney of one of his top talking points.

But top economists believe things slowed in the fourth quarter and again this year. Many are openly predicting that fourth-quarter growth will come in at between 1 and 1.5 percent, and growth is unlikely to top that rate in the near future.

Reuters

Not as planned: Obama, yesterday, dealing with a fly as he speaks in the White House State Dining Room.

We’re already seeing the signs of an economy far from recovery. Retail sales in December, the most important shopping month of the year, were a flop. Holiday-related sales rose just 0.7 percent from Oct. 28 to Dec. 24, compared with a 2 percent rise the year before.

And according to a Thomson Reuters/University of Michigan report, consumer confidence is at its lowest point since December 2011.

The president may continue to claim that the economy’s woes just aren’t his fault, but in his fifth year in office, those excuses are wearing exceedingly thin. It won’t help that his Inaugural Address included barely a mention of jobs or economic growth: He’s made his real priorities clear.

Meanwhile, he’s dealt himself another problem that will frustrate all his efforts to deal with the economy.

A year ago, Democratic pollsters Doug Schoen and Pat Caddell warned in an oped column that Obama could only win re-election by running “the most negative campaign in history,” and that the political damage from such a campaign would leave him unable to govern in a second term.

It was one of the boldest predictions of the election season — and it was right.

No sooner had Romney secured the GOP nomination than Team Obama hit him with hundreds of millions of dollars worth of negative ads, casting him as, in Haley Barbour’s words, a “wealthy plutocrat married to a known equestrian.”

The Obama blitzkrieg defined Mitt Romney before he could define himself. And despite an inspired first debate performance, he never recovered.

Nor did the president let up after Election Day. In his inaugural address, his usual lofty rhetoric thinly veiled the same partisan attack lines he used in his campaign, complete with references to “the shrinking few who do very well” and those who believe in “happiness for the few.”

Even after the Civil War, President Abraham Lincoln was willing and able to strike a conciliatory tone with his political opposition. Not Obama.

The start of Obama’s second term looks a lot more like the beginning of FDR’s second term in 1937, when he launched his Supreme Court-packing plan — and wound up losing 81 seats to the Republicans in the 1938 midterms.

Like Roosevelt, Obama is overplaying his hand. His favorability rating has dropped sharply, from 55 percent immediately after his re-election to 48 percent today. He is now the only president in history to be elected to a second term with fewer popular votes than he won for his first term.

But none of this is good for the country.

After all, he won re-election despite a vastly unpopular domestic-policy record, with no plan for a second term and an electorate that believes the country is on the wrong track.

If the president continues to treat Republicans — who control the House and a strong minority in the Senate — with such contempt, it will be almost impossible to legislate much of anything.

Yet the country needs Washington to actually resolve at least a few issues — to find some grounds for principled compromise. The current standoff produces massive uncertainty. What will future tax rates be? Which government programs will be cut or expanded? What parts of the government might wind up shut down for extended periods while the two sides fight?

And uncertainty leaves businesses and others afraid to invest — afraid to take risks when the rules are too likely to change, and maybe change again within the year. Not enough people will risk putting money into long-term ventures when the future is so cloudy.

All of which will make it nearly impossible to get the economy truly moving again, creating massive numbers of jobs to bring unemployment down below 5 percent, where it should be.

As Americans, we are dismayed at the pain the president is imposing on the country, but as Republicans with solutions, our future as a party is bright.

Ed Cox is the chairman and David Laska the communications director of the New York State Republican Party.

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

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Miami Dolphins slam Norman Braman, Marlins Park deal

The Miami Dolphins ramped up their public campaign for a tax-funded stadium renovation this week, buying full-page ads against their top critic and trying to distance the plan from the unpopular Marlins deal.

The team bought an ad in Tuesday’s Miami Herald and El Nuevo Herald knocking auto magnate Norman Braman’s criticism of the Sun Life Stadium deal, which would have Florida and Miami-Dade split the costs with owner Stephen Ross for a $400 million renovation. The Dolphins would pay at least $201 million, with taxpayers using state funds and a higher Miami-Dade hotel tax to pay $199 million.

In a fact sheet sent to media Tuesday morning, the Dolphins listed ways their deal differs from the 2009 Marlins deal. First: Ross, a billionaire real estate developer, would use private dollars to fund at least 51 percent of the Sun Life effort, compared to less than 25 percent from Marlins owner Jeff Loria. Second, Sun Life helps the economy more than the Marlins park does.

“Just because the Marlins did a bad deal doesn’t mean we should oppose a good deal where at least a majority of the cost is paid from private sources and more than 4,000 local jobs are created during construction alone,” the fact sheet states. And while the Dolphins’ Miami Gardens stadium has hosted two Super Bowls since 2007 and is in the running for the 2016 game, “Marlins Stadium does not generate the ability to attract world-class sports events -- other than a World Series from time to time depending on the success of the team.”

NFL teams play eight home games a year if they don’t make the playoffs, while baseball teams have 81.

Miami and Miami-Dade built the Marlins a $640 million stadium at the site of the Dolphins’ old home at the Orange Bowl in Little Havana. The Marlins contributed about $120 million and agreed to pay between $2.5 million and $4.9 million a year for 35 years to pay back $35 million of debt the county borrowed for the stadium. As a publicly owned stadium, the Marlins ballpark pays no property taxes. Most of the public money came from Miami-Dade hotel taxes, along with $50 million of debt tied to the county’s general fund.

Sun Life is privately owned and pays $3 million a year in property taxes to Miami-Dade. It currently receives $2 million a year from Florida’ s stadium program, a subsidy tied to converting the football venue to baseball in the 1990s when the Marlins played there. The Dolphins also paid for a second full-page ad with quotes from leading hoteliers in Miami-Dade endorsing the stadium plan. Among them: Donald Trump, whose company recently purchased the Doral golf resort. “Steve Ross’ commitment to modernize Sun Life Stadium -- while covering most of the construction costs -- is the right thing for Miami-Dade,’’ the ad quotes Trump as saying.

Also on Tuesday, Ross and team CEO Mike Dee sent a letter to Miami-Dade Mayor Carlos Gimenez and county commissioners requesting negotiations over the stadium deal. The letter said the deal Ross unveiled last week is a “baseline for debate” and asked for talks. The letter also urged the commission to adopt a resolution proposed by Commissioner Barbara Jordan endorsing the state bill that would allow taxes for Sun Life. The resolution is on the agenda for Wednesday’s commission meeting.

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Miami conclave to help map the next 50 years for Southeast Florida

On a Google map, the long stretch of Florida coastline from deep South Miami-Dade County to Sebastian Inlet appears a seamless mass of urban development jammed between a thin border of sand on one side and wetlands and farmland on the other.

But zoom in and it’s soon sliced up by lines both real and imaginary: roadways, highways, railways, waterways and the boundaries of numerous, and often overlapping, governmental jurisdictions.

Now this vast area, at once connected and disconnected, is the subject of one of the most ambitious planning efforts ever undertaken in Florida. Called Seven50, it aims to chart a coordinated, integrated future for the development of Southeast Florida’s seven counties for a couple of generations, through the year 2060.

On Thursday, the big moveable feast of thinkers, planners, economists, government officials and business leaders that is Seven50 will convene in downtown Miami for the effort’s second public summit since its launch in Delray Beach last June.

It may sound like “wonky stuff,’’ said Seven50 lead consultant Victor Dover, a Coral Gables-based planner. But he said Seven50’s scores of participants are convinced that agreeing to coordinated plans across jurisdictional lines is critical if the region is to prosper and meet a long list of common challenges. They range from transportation logjams to the prospect of rising seas and U.S. and international competitors trying to grab our share of international investment, tourism, cargo and trade.

And that competition is serious and well-organized, Dover said. In Texas, for instance, 13 counties and 100 cities between Houston and Galveston have banded together in a similar planning alliance, and so have cities and states along the Great Lakes.

The advantage Southeast Florida has, Seven50 planners say, is that old real-estate cliche: Location, location, location.

But it risks throwing its advantage away unless it better links up its airports and seaports, installs more and better-connected mass transit, and develops strategies to improve education and retain and attract the kind of skilled, educated young people considered key to economic prosperity in today’s economy.

“Planning at this scale is profoundly American, from Jefferson to the creation of Washington, D.C., and if we don’t do it, we’re going to get blown away by the competition,’’ said Andres Duany, a renown Miami-based planner who will give the keynote address at the downtown gathering. “They’re gunning for us.’’

The free, full day of sessions at Miami Dade College’s Wolfson campus is designed to gather public input and share a still-in-development snapshot of the region as planners build what they describe as a massive data warehouse covering everything from demographics to housing, economics and transportation networks. Key discussion areas will be transportation, education and the daunting implications of climate change.

Because Southeast Florida will be among the first regions to experience rising sea levels, across-the-board planning on how to adapt will be essential. That could include difficult options like steering investment for new public infrastructure away from vulnerable areas, or protecting the region’s underground water supply from saltwater intrusion by raising freshwater levels in drainage canals, which could produce more seasonal flooding in some areas.

Some 200 public agencies, advocates, business groups and academic institutions, including the region’s principal universities, have signed up for the effort. Any resulting plans are purely voluntary, and no town or agency is obligated to adopt any ideas it doesn’t like, planners stress.

Still, the process hit a roadblock in the northernmost county, Indian River. The county commission and the Vero Beach city council voted to drop out after Tea Party-linked activists raised a public ruckus over their participation. The activists contend Seven50 is part of Agenda 21, a 20-year-old, nonbinding United Nations resolution that called for environmentally sustainable urban development, which they describe as a conspiracy to evict people from their homes and force them into dense urban housing.

Seven50 planners had to post a response on their website explaining they intend no such thing. Since then, the Stuart city council voted to join Seven50. Other Indian River agencies remain as participants.

The two-year planning effort, led by a consortium established by the South Florida Regional Planning Council and the Treasure Coast Regional Planning Council, is funded by a $4.25 million grant from the U.S. Department of Housing and Urban Development.

The federal agency is encouraging local governments to engage in long-range planning under the sustainability label, which covers a range of strategies to foster development of pedestrian-friendly urban zones that put jobs close to homes and save energy by providing alternatives to auto transportation.

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Apple’s iPhone disappointment fans doubt on growth

SAN FRANCISCO (Reuters) – Apple Inc missed Wall Street’s revenue forecast for the third straight quarter after iPhone sales came in below expectations, fanning fears that its dominance of the mobile industry was slipping.

Shares of the world’s largest tech company fell 10 percent to $ 463 in after-hours trade, wiping out some $ 50 billion of its market value – nearly equivalent to that of Hewlett-Packard and Dell, combined.

On Wednesday, Apple said it shipped a record 47.8 million iPhones in the December quarter, up 29 percent from the year-ago period. But that lagged the 50 million that analysts on average had projected.

Expectations heading into the results had been subdued by news of possible production cutbacks by some component suppliers in Asia, triggering fears that demand for the iPhone, which accounts for half of Apple‘s revenue, and the iPad could be slowing.

But many investors clung to hopes for a repeat of years of historical outperformance, analysts said.

“It’s going to call into question Apple‘s dominance in the space. It’s still one of the strong players, the others being Samsung and Google. It’s still a two-horse race, but Android continues to grow rapidly,” said Sterne Agee analyst Shaw Wu.

“If you step back a bit, it’s clear they shipped a lot of phones. But the problem is the high expectations that investors have. Apple‘s conservative guidance highlights the concerns over production cuts coming out of Asia recently.”

Apple projected revenue of $ 41 billion to $ 43 billion in the current, second fiscal quarter, lagging the average Wall Street forecast of more than $ 45 billion.

Fiscal first quarter revenue rose 18 percent to $ 54.5 billion, below the average analyst estimate of $ 54.73 billion, though earnings per share of $ 13.81 beat the Street forecast of $ 13.47, according to Thomson Reuters I/B/E/S.

Apple also undershot revenue targets in the previous two quarters, and these results will prompt more questions on what Apple has in its product pipeline, and what it can do to attract new sales and maintain its growth trajectory, analysts said.

Net income of $ 13.07 billion was virtually flat with $ 13.06 billion a year earlier on higher manufacturing costs. The year-ago quarter also had an extra week compared to this year.

Gross margins consequently slid to 38.6 percent, from 44.7 percent previously.

“You can’t just keep rolling out iPhones and iPads and think that everybody needs a new one,” said Jeffrey Gundlach, who runs DoubleLine Capital LP, the $ 53 billion bond firm. “The mini? What is that all about? It is a slightly smaller iPad — so what? So that is our new definition of innovation?”

“There are plenty of competitors like Samsung and other legitimate competitors like them,” added Gundlach, one of the highest-profile Apple bears. He maintains a $ 425 price target.

Shares of several of Apple‘s suppliers crumbled. Chip suppliers Skyworks and Cirrus Logic both fell more than 6 percent. Qualcomm Inc slipped 1.8 percent.

CHINA IS NEXT BIG GROWTH DRIVER

Apple shares are down nearly 30 percent from a record high in September, in part on worries that its days of hyper growth are over and its mobile devices are no longer as popular.

Intense competition from Samsung‘s cheaper phones – powered by Google’s Android software – and signs that the premium smartphone market may be close to saturation in developed markets have also caused a lot of investor anxiety.

Meanwhile, sales of the iPad came in at 22.9 million in the fiscal first quarter, roughly in line with forecasts.

On the brighter side, Chief Financial Officer Peter Oppenheimer told Reuters that iPhone sales more than doubled in greater China – a region that Apple Chief Executive Tim Cook has vowed to focus on as its next big growth driver.

The company will begin detailing results from that country going forward. Revenue from the region totaled $ 7.3 billion, up 60 percent from the year-ago December quarter.

“These results were OK, but they definitely raised a few questions,” said Shannon Cross, analyst with Cross Research. “Gross margin trajectory looks fine so that’s a positive and cash continues to grow. But I think investors are going to want to know what Apple plans to do with growing cash balance.”

“And other questions are going to be around innovation and where the next products are coming from and what does Tim Cook see in the next 12 to 18 months.”

ADDRESSING PRODUCTION RUMORS

In an unusual move for Apple, which typically does not respond to speculation, Cook addressed the production cutback rumors at length on the conference call and questioned the accuracy of rumors about its plans.

Media reports earlier this month said the company is slashing orders for iPhone 5 and iPad screens and other components from its Asian suppliers.

“Even if a particular data point were factual, it would be impossible to accurately interpret the data point as to what it meant for our overall business, because the supply chain is very complex,” he said, adding that Apple has multiple sources for components.

“Yields might vary. Supplier performance can vary. The beginning inventory positions can vary. There’s just an inordinately long list of things that would make any single data point not a great proxy for what’s going on,” he said.

Apple‘s initial iPhone and iPad mini sales were hurt by supply constraints, but Cook expects supply to balance demand for the iPad mini this quarter. He also acknowledged that iPad was cannibalizing its high-margin Macintosh computers, but said it was a huge opportunity for the company.

“On iPad in particular, we have the mother of all opportunities here, because the Windows market is much, much larger than the Mac market is,” he said. And I think it is clear that it’s already cannibalizing some.”

In another departure from tradition, Apple intends to tweak the way it both reports results and publishes forecasts.

Apart from breaking out results from China, the company also will no longer provide a single revenue or gross margin outlook. From Wednesday, it began providing the range it expects to hit, rather than the often-ludicrously conservative estimates that Apple was once notorious for.

The new policy took many by surprise.

“Before people could always ignore the guidance,” said Dan Niles, Chief Investment Officer of AlphaOne Capital Partners, LLC. “Apple is telling investors that they need to pay attention to the guidance and you can’t ignore it, which is basically what we all did in the past.”

(Additional reporting by Alistair Barr and Alexei Oreskovic in San Francisco and Jennifer Ablan in New York; Editing by Bernard Orr and Edwin Chan)

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Shakira's Boyfriend Gerard Pique Posts First Baby Pic

Shakira and Gerard Pique welcomed their first child, Milan Pique Mebarak, yesterday and he's already jumping into the world with both feet.

RELATED: Extravagant Celebrity Baby Names

"Milan's feet," Pique wrote, captioning a WhoSay photo on Wednesday. In the picture below, the baby is sporting a pair of clean white Nikes with his name on them.

Mother and child were said to be in "excellent health" after the birth yesterday in Barcelona, Spain.

Before going into labor, Shakira tweeted fans, asking that they "accompany [her] in [their] prayers on this very important day of [her] life."

Gerard Pique on WhoSay

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Exit another fighting gen.

Michael A. Walsh

Lost in the inaugural hullabaloo was Tuesday’s news that President Obama has relieved Gen. James “Mad Dog” Mattis, the colorful and highly decorated Marine who’s been in charge of the crucial US Central Command, which oversees the various wars in the Middle East, since 2010.

Mattis is famous for his blunt style and blistering aphorisms — “be polite, be professional, but have a plan to kill everybody you meet” was his clear-headed advice to the Marines he led during the treacherous Iraq War. He’ll retire from both CentCom and the Corps in March, several months short of his expected tour of duty.

ZUMA Press

A rising star — until now: Gen. Mattis greeting a friend while assuming a new command in 2006.

But why? Could it be that, as Obama prepares to cede Afghanistan back to the Taliban, the last thing he needs is an obstreperous general gumming up the surrender?

For an administration whose relationship with the military is, to put it mildly, fraught with tension, Mattis is yet another wall trophy, to go alongside the heads of Gen. Stanley McChrystal (fired in 2010 as the commander of the US forces in Afghanistan) and David Petraeus, who left CentCom to be buried alive at the CIA (and later resigned over the Paula Broadwell sex scandal).

Officially, the administration offers a nothing-to-see-here explanation for Mattis’ departure, noting that his tenure in the crucial job was about average for the post.

Maybe. But politics is at play here as well. The brusque Mattis apparently fell afoul of National Security Adviser Tom Donilon, an Obama apparatchik. Why? Because Mattis says things the Obama team doesn’t want to hear, especially about what might well become the next theater of operations — Iran.

Thinking two or three moves down the line, the hard-line Mattis was known for peppering his civilian superiors with uncomfortable questions: What happens in Iran when and if the nuclear threat is neutralized? What if we have to fight a conventional war with the mullahs? Then what?

The line between frank outspokenness and open insubordination is a narrow one, and under our system, even top-level officers must cede to civilian authority. President Harry Truman famously fired the Army’s top general, Douglas MacArthur, during the Korean War for trying to go over his head to Congress in his quest for total victory on the Korean peninsula.

But officers must be prepared to tell the politicians what they need to hear, not what they want to hear. Choking off discussion to satisfy policy preferences — as the Bush administration arguably did in the runup to the Iraq War — can only lead to disaster.

Similarly, generals should not be politicians. Even after winning World War II, Gen. Dwight D. Eisenhower agonized about going into politics (for a long time, no one even knew which party he supported), and it’s long been a tradition in certain branches of the armed forces for officers to refrain from voting, lest they become politically invested.

But since the Clinton administration, there’s been a political tug-of-war between the generals and the politicians (think of the fight over gays in the military), which only got worse in the Bush years, when Defense Secretary Donald Rumsfeld openly bullied his commanders in the field, and Gen. Colin Powell traded in his uniform for a politician’s suit.

Things have only gotten worse under Obama. We’ve had a dispiriting merry-go-round when it comes to command in the Afghanistan-Pakistan theater; such instability at the top threatens the hard-won gains of our fighting forces.

And with at least three of our most effective fighting generals now cashiered or forced into retirement, the president is sending a clear message to the rest of the world.

That message is: Sound the retreat.

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

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Miami Dolphins slam Norman Braman, Marlins Park deal

The Miami Dolphins ramped up their public campaign for a tax-funded stadium renovation this week, buying full-page ads against their top critic and trying to distance the plan from the unpopular Marlins deal.

The team bought an ad in Tuesday’s Miami Herald and El Nuevo Herald knocking auto magnate Norman Braman’s criticism of the Sun Life Stadium deal, which would have Florida and Miami-Dade split the costs with owner Stephen Ross for a $400 million renovation. The Dolphins would pay at least $201 million, with taxpayers using state funds and a higher Miami-Dade hotel tax to pay $199 million.

In a fact sheet sent to media Tuesday morning, the Dolphins listed ways their deal differs from the 2009 Marlins deal. First: Ross, a billionaire real estate developer, would use private dollars to fund at least 51 percent of the Sun Life effort, compared to less than 25 percent from Marlins owner Jeff Loria. Second, Sun Life helps the economy more than the Marlins park does.

“Just because the Marlins did a bad deal doesn’t mean we should oppose a good deal where at least a majority of the cost is paid from private sources and more than 4,000 local jobs are created during construction alone,” the fact sheet states. And while the Dolphins’ Miami Gardens stadium has hosted two Super Bowls since 2007 and is in the running for the 2016 game, “Marlins Stadium does not generate the ability to attract world-class sports events -- other than a World Series from time to time depending on the success of the team.”

NFL teams play eight home games a year if they don’t make the playoffs, while baseball teams have 81.

Miami and Miami-Dade built the Marlins a $640 million stadium at the site of the Dolphins’ old home at the Orange Bowl in Little Havana. The Marlins contributed about $120 million and agreed to pay between $2.5 million and $4.9 million a year for 35 years to pay back $35 million of debt the county borrowed for the stadium. As a publicly owned stadium, the Marlins ballpark pays no property taxes. Most of the public money came from Miami-Dade hotel taxes, along with $50 million of debt tied to the county’s general fund.

Sun Life is privately owned and pays $3 million a year in property taxes to Miami-Dade. It currently receives $2 million a year from Florida’ s stadium program, a subsidy tied to converting the football venue to baseball in the 1990s when the Marlins played there. The Dolphins also paid for a second full-page ad with quotes from leading hoteliers in Miami-Dade endorsing the stadium plan. Among them: Donald Trump, whose company recently purchased the Doral golf resort. “Steve Ross’ commitment to modernize Sun Life Stadium -- while covering most of the construction costs -- is the right thing for Miami-Dade,’’ the ad quotes Trump as saying.

Also on Tuesday, Ross and team CEO Mike Dee sent a letter to Miami-Dade Mayor Carlos Gimenez and county commissioners requesting negotiations over the stadium deal. The letter said the deal Ross unveiled last week is a “baseline for debate” and asked for talks. The letter also urged the commission to adopt a resolution proposed by Commissioner Barbara Jordan endorsing the state bill that would allow taxes for Sun Life. The resolution is on the agenda for Wednesday’s commission meeting.

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Miami police: Fight over child ends in fatal crash

A fatal car crash in Allapattah began, Miami police said Tuesday, as a fight between two women over a child, with one woman grabbing the child and jumping into the speeding vehicle that might have caused the collision.

The night began with a 15-month-old girl, who was living with her father and his girlfriend, neither of whom police identified.

The mother of the child, Mylife Rivera-Vasquez, 20, of Homestead, persuaded the girlfriend on Monday to meet her at Northwest 17th Avenue and 28th Street so she could see her daughter, Miami police said.

As the girlfriend waited in that area with the girl about 8 p.m., Rivera-Vasquez and several other people arrived, police said, and punched the girlfriend several times.

During the melee, Rivera-Vasquez grabbed her daughter and got into a Lincoln Town Car that drove away.

The Town Car sped south on Northwest 21st Avenue, police said, and the girlfriend appeared to have followed in another car.

But as it approached Northwest 20th Street, the Town Car crashed into a Chevrolet Tahoe.

The Tahoe had been westbound on Northwest 20th Street. Police said the Town Car failed to yield the right of way.

Two of the three people in the Town Car — the driver and the 15-month-old — were thrown from the vehicle, police said. All three were taken to Jackson Memorial Hospital’s Ryder Trauma Center.

The driver, Kristofer Daniel Astorga, 22, died shortly after arriving at the hospital, police said.

Rivera-Vasquez and her child, Juliet Rivera, were both in critical condition, police said.

Lt. Ignatius Carroll, spokesman for Miami Fire-Rescue, told Miami Herald news partner WFOR CBS 4 that the little girl hadn’t been secured in a child car seat.

The Tahoe’s driver was in good condition at Jackson, and a passenger in that car was treated at the scene for minor injuries. Neither was identified Tuesday.

On Tuesday, police said Rivera-Vasquez had been charged with two counts of simple battery.

El Nuevo Herald Staff Writer Melissa Sanchez contributed to this report.

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FTC study taking aim at online marketing of booze

LOS ANGELES (Reuters) – The Federal Trade Commission (FTC) plans this summer to recommend ways that the alcoholic beverage industry can better protect underage viewers from seeing its advertisements online.

Distillers, brewers and wineries pour millions of dollars into brand promotion on Twitter, Facebook and other social media, and industry critics contend they are not doing enough to prevent young consumers from receiving these messages.

“We’re doing a deep dive on how they’re using the Internet and social media,” said Janet Evans, a lawyer with the FTC, which is conducting a year-long study due to be released by early summer. “We’re focusing on underage exposure.”

She would not elaborate on any potential recommendations that might come out of the study, which began in April 2012.

The FTC is reviewing data from 14 big producers, Evans said, including Beam Inc, the maker of Jim Beam, Diageo Plc, home to Johnnie Walker, and Constellation Brands Inc, which makes Robert Mondavi and Ravenswood wines.

The FTC report “is something we take seriously and place at high priority,” said Karena Breslin, director for digital marketing at Constellation.

The FTC has made two requests for information since the study began, she said.

The regulatory agency has not said it intends to impose restrictions on liquor company social media advertising but it can make recommendations to the industry.

The FTC is empowered to file suit to ensure consumers are protected from deceptive marketing practices, Evans said, but she stressed that studies of this nature are meant to promote better self-regulation, not provide a basis for a case.

Industry executives say alcohol makers and distributors voluntarily adhere to the same industry-set standard for marketing to underage viewers on social media sites that the industry set for its ads on TV and other media. That requires that at least 71.6 percent of an audience consists of adults 21 and older.

“No one in their right mind would want to advertise to people who can’t legally buy their product,” said Frank Coleman, senior vice president for Distilled Spirits Council of the United States (DISCUS), the trade group that sets the industry’s advertising codes.

Coleman also cited recent data showing the audiences for Facebook and Twitter are skewed heavily towards viewers who are above the legal drinking age.

“According to Nielsen’s latest data, the demographic audience for Facebook is 83.5 percent 21 years and older, and for Twitter it is 85 percent,” Coleman said.

In June 2011, DISCUS revised its code upwards to 71.6 percent from 70 percent, after the FTC recommended it review the standard to better reflect U.S. Census population data.

Industry critics, including David Jernigen, director of the Center on Alcohol Marketing and Youth at Johns Hopkins University, and Sarah Mart, research director of the advocacy group Alcohol Justice, contend the industry didn’t go far enough and should raise the standard further.

Jernigen said it needs to be at least 85 percent to effectively protect youth, so there would be no more than 15 percent exposure to the underage drinking population.

“The industry says its self-regulating but it’s ineffective and social media opens up a whole new set of problems because their ads are everywhere,” said Mart.

Coleman said the group now requires members to install age-checking tools via instant messaging as a gateway to Twitter feeds and other branded Web platforms that ask the user for a birth date before admitting them.

In the first nine months of 2012, beer, wine and spirits manufacturers spent an estimated $ 35 million for paid Web display advertising, but industry executives estimate many millions more were spent on website creation, video production for platforms like Google’s YouTube and social media marketing efforts.

“We’ve significantly adjusted more money to digital for online video, websites, Facebook and Twitter content,” said Kevin George, global chief marketing officer for Jim Beam, which spends 30 percent of its media spend for online outlets, up from 10 percent in 2008, he said.

Many companies are expanding their digital staff. Wine maker Constellation hired Breslin three years ago to initiate digital marketing and now has a team of five reporting to her.

Many alcoholic beverage companies flocked to Facebook because it requires users to post their birth dates when signing up.

Last year Twitter partnered with Buddy Media to offer a screening tool that sends a direct message to fans who click on an alcoholic brand. The message sends the fan a link to a site that asks for date of birth.

Salesforce.com bought Buddy Media last June, which is now folding the platform into its marketing cloud portfolio.

Health advocates and industry critics are crying foul. “Facebook and other interactive platforms are poorly monitored and not well age-protected,” said Jernigen of Johns Hopkins University. “Anyone can say they’re 21 and click yes.”

(Reporting by Susan Zeidler; Editing by Ron Grover, Alden Bentley and Phil Berlowitz)

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Sheryl Crow on Lance Armstrong Doping Confession to Oprah Winfrey

Sheryl Crow (who will be advising Blake Shelton on The Voice this season) opened up to Nancy O'Dell on the set of the singing competition over the weekend, commenting on Lance Armstrong's doping confession.

RELATED: Shelton Taps Sheryl For The Voice

"I think that honesty is always the best bet and that the truth will set you free," said Crow, who caught "bits and pieces" of her ex-fiance's interview with Oprah Winfrey. "To carry around a weight like that would be devastating in the long run."

Armstrong, 41, and Crow, 50, began dating in 2003 -- the same year that Armstrong divorced his wife of five years, Kristin -- and split in 2006.

Last year, a report from the U.S. Anti-Doping Agency led to Armstrong's downfall. The shamed cyclist was stripped of his seven Tour de France titles and, until now, vehemently maintained his innocence.

RELATED: Biggest Celebrity Scandals of 2012

During a series of rapid-fire yes or no questions, the retired cyclist confirmed to Oprah last week that he had blood transfusions and used the banned substance erythropoietin (EPO) during his career -- particularly during all seven of his Tour de France victories. Although he expressed a desire to make things right with the people he may have hurt, Crow was never mentioned by name.

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An absentee mayor

Bob McManus

Remember the time Mike Bloomberg jetted off to sunny Bermuda as a monster snowstorm bore down on the five boroughs? Never again, he said afterward, woefully, while the city ever-so-slowly dug itself out of the drifts.

Well, some tigers just can’t change their stripes.

For there he was last week, down in Maryland giving America a firearms intervention while the United Federation of Teachers and his own crack Department of Education negotiators pulled his pants down on teacher-quality reform.

Transforming the city’s public-school system into a national model for quality and effectiveness was once right at the top of Mayor Mike’s personal legacy list.

AP

Busy in Baltimore: Mayor Bloomberg waiting to speak at a gun-violence summit while aides his were bungling teacher-evaluation talks back home.

But then came the third-term blahs, the departure of Joel Klein as schools chancellor, the ensuing Cathy Black debacle, the ascendancy of the thuggish United Federation of Teachers boss Mike Mulgrew — and the now-pervasive sense that Bloomberg no longer much gives a damn about the city’s 1,400 schools.

Fact is, he’s always been long on big ideas and short on follow-through (congestion pricing, anyone?). The schools seem to be no different.

Bloomberg won mayoral control of the Board of Education early on — a signal victory, though one built on the largely unappreciated efforts of his predecessor, Mayor Rudy Giuliani. Then came a lot of churning, but not much change.

Certainly not when it came to dealing with Albany.

He dispatched naïve deputies to the capital city to negotiate charter-school and school-closure reform with Assembly Speaker Sheldon Silver — and wound up with laws studded with subsections designed to weaken, not strengthen, mayoral control.

And that’s how it worked out.

Fast forward to last week’s teacher-evaluation horror show, a repeat of what had come before: Mike delegated, his deputies dithered and the UFT carried the day

More, the union can now credibly — if dishonestly — argue that the potential loss of hundreds of millions in state and federal school aid is all Mike’s fault.

The money is the carrot in a state law requiring that the city and its unions negotiate objective evaluation standards for teachers and supervisors.

This always was going to be a tough fight. Mulgrew would sooner jam hot needles in his eyes than allow even the most egregiously incompetent teachers to be dismissed.

But as negotiations closed in on last Thursday’s deadline, the union had an unexpected ally at the table: Shael Polakow-Suransky, the policy factotum forced on Bloomberg by Albany as its price for allowing Cathy Black to become chancellor.

Black imploded after just weeks on the job, but Polakow-Suransky remained.

And Polakow-Suransky, it seems, is no fan of standardized testing, a key tool — if not the key tool — in any credible teacher-evaluation regimen.

“He doesn’t believe in testing,” says one high-ranking participant in the talks. “He negotiated it away — and when Mike [came back and] found out, he exploded.”

This brought negotiations to an end in a spray of invective, with state Education Commissioner John King essentially (and not unreasonably) blaming the breakdown on Bloomberg while threatening to withhold perhaps $1 billion in education aid from the city.

But, correcting for the bad hand the mayor had dealt himself, Bloomberg is spot on: One can’t objectively evaluate teachers without, well, objective evaluation metrics.

That is, without standardized tests.

Many pupils, if not most, will do fine without much testing.

Still, you can’t perform an education on a child, like an appendectomy. It’s a process, and many children — for reasons of class, culture, economic circumstance or personal disinclination to participate — resist it more than others.

These are the children who desperately need the readin’, ’ritin’ and ’rithmatic rubric that comprises the core of most test prep.

And in that sense, test performance is an entirely valid — indeed, critical — standard against which to judge teachers.

So if Polakow-Suransky doesn’t like standardized testing — well, too bad about Polakow-Suransky. And no matter that such views enjoy considerable currency among the Columbia Teachers College crew that drives policy at the Department of Education; they have no legitimate presence in Bloomberg administration negotiating positions.

And they certainly shouldn’t have come as such a surprise to the mayor himself.

That is, Mike should have been paying much closer attention to what was being proposed in his name.

For while education isn’t as sexy as assault rifles, he started the reform fight. He really should devote what time he has remaining in City Hall to working for its successful conclusion.

rmcmanus8@gmail.com

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Series for Miami’s emerging art collectors begins Thursday

For art enthusiasts interested in bring their interest home, Miami’s Bakehouse Art Complex is hosting a lecture series for emerging collectors. The first panel, slated for Thursday at 6 p.m., features arists and curators who will talk about fine tuning your taste and learning to make informed decisions. The second session, Feb. 7, is oriented to the mechanics of purchasing. The third, on Feb. 21, explores how to manage your collection.

Moderating all three panels will be Denise Gerson, independent curator who served as associate director for the Lowe Museum of Art for 24 years. Cost is $25 per session or $60 for the series. Seating is limited; reservations are recommended.

Information at 305-576-2828; www.bacfl.org.

Jane Wooldridge

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Don’t mind the helicopters, it’s just practice, Miami-Dade police say

If you see military helicopters buzzing through your neighborhood sometime soon, don’t freak out. It’s probably a military training exercise.

Miami-Dade police sent out a warning Monday that multiple police agencies would be providing support for a joint military training exercise somewhere over Miami and elsewhere in the county. The exercise will include the use of military helicopters.

When and where will this happen? Police didn’t say.

The police statement said the training locations and times “were carefully selected to minimize negatively impacting the citizens of the City of Miami/Miami-Dade County and their daily routines.”

But it also acknowledged that there would be some impact on residents.

“This is routine training conducted by military personnel designed to ensure the military’s ability to operate in urban environments, prepare forces for upcoming overseas deployments, and meet mandatory training certification requirement,” the police statement said.

This isn’t the first time such training has been done in Miami. In April 2011, military helicopters buzzed through Brickell, leading to sleepless nights for some people and a lot of griping on social media about it.

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At Obama’s church service, hymns, prayers – and a tweet?

WASHINGTON (Reuters) – There was preaching, praying and singing at President Barack Obama’s church service on Inauguration Day on Monday. But was there tweeting, too?

As Atlanta pastor Andy Stanley wrapped up his sermon at St. John’s Episcopal Church across from the White House by urging Obama to leverage his power for the greater good, a tweet went out from the president’s own Twitter feed.

“I’m honored and grateful that we have a chance to finish what we started. Our work begins today. Let’s go. -bo,” said the tweet, which went to more than 26 million Obama followers.

Obama typically designates tweets that he writes himself by signing his initials in lowercase: “-bo.” That led to questions over whether the president had tweeted from church – and perhaps provided a new chapter in the debate over the appropriate use of social media.

But a White House spokesman said Obama did not send the tweet in the middle of the church service.

That means it could have been done by Obama in advance and timed for release while he was in church, or that it was posted by Organizing for Action, the non-profit group that now operates the president’s Twitter account.

The new group, which is led by Obama’s former campaign team, plans to try to build public support for the president’s policies.

The group did not immediately comment on the authorship or timing of the tweet.

Even if Obama had sent out the tweet from church, such messages from the pew are no longer taboo, said Scott Williams, a pastor and consultant from Edmond, Oklahoma, who works with ministries to use social media to spread the word and engage members.

“It’s definitely OK – it’s relevant,” he said. He cited a verse from the prophet Isaiah: “Like a crane or a swallow, so did I twitter.”

“‘Thou shalt twitter in church’ is a way that I present it,” Williams said in an interview, noting that many people now used Bible apps on their mobile devices in the pews.

Stanley’s North Point Community Church in Atlanta produced a Christmas music video for iPhones and iPads that has been viewed 3.7 million times on YouTube, said Williams, who is familiar with the 33,000-member ministry.

Stanley delivered his sermon in a very “old-school” setting. St. John’s, a yellow church with white trim, was built in 1816 and often is called the “Church of the Presidents” because every president since James Madison has attended it at least occasionally.

The service included a mix of traditional hymns such as “Oh God, Our Help in Ages Past,” a gospel solo by singer Ledisi, and an African-American spiritual, “Great Day.” It also included readings and prayers from Jewish, Christian and Catholic clergy.

Stanley talked about a passage in the Bible where Jesus washes his disciples’ feet, setting an example of equality.

“What do you do when it dawns on you that you’re the most powerful person in the room? You leverage that power for the benefit of other people in the room,” Stanley said.

“Mister President, you have an awfully big room,” the pastor said. “It’s as big as our nation. At times, as you know, it’s as big as this world.”

(Editing by David Lindsey and Peter Cooney)

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Diane Lane Fashion Flashback

With classic good looks, killer style and a body that puts women half her age to shame, Diane Lane, 42,  just seems to get better with age.

Join us as we look back at Diane's most stunning red carpet looks over the years!

Related: Who Are The Most Desirable Women of 2013?

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Loving our country

John Podhoretz

Yesterday’s inaugural festivities brought great joy to President Obama’s supporters — including, it must be said, the vast majority of the press corps, who treated the day as though they were attendees at a family bar mitzvah. And, of course, the occasion brought a certain degree of angst and foreboding to those who oppose him and his agenda, for they and their cause lost, and lost painfully.

These days we are hearing from some on the Right distressing parallels to emotions expressed on the Left after George W. Bush’s re-election victory in 2004. In each case, those upset see these national referenda as indicating the corruption and sinfulness of the American body politic — and weaknesses within the very American system.

AP

Easy for them to celebrate: President Obama and First Lady Michelle Obama reviewing the inaugural parade near the White House yesterday.

For many anti-Bushites, the 2004 election was a validation of an unmistakable turn toward meanness, cruelty, torture, war, imperialism, hatred. They spoke of emigrating to Canada and dubbed those parts of the country that voted for Bush “Dumbf--kistan.” In their minds, Bush appealed to the worst in Americans — who, by re-electing him, showed they might be beyond moral, spiritual or political repair.

For many anti-Obamans, the 2012 election is a sign of the corruption of the American electorate, seduced by all manner of public bribery into voting for a president with a dreadful record. In the critics’ minds, that the American people accepted the bribes reveals a nation forever changed and on the road to ruin.

Of course, it’s also possible that these elections featured two candidates, one of whom got a few million more votes than the other guy — in a country that’s fairly evenly divided ideologically, and has been for decades.

No matter. It appears that, for many people, love of country has become conditional. So long as the country is on the course they choose, they’re full of joy in its traditions and ceremonies, and happy to pay respects to its officers and to ruminate on its remarkable progress over the centuries.

When things don’t go their way, the ceremonies are meaningless, the traditions are empty; the nation’s officers deserve no respect, and it is only making progress toward evil.

Which raises an interesting question: If love of country is conditional in this way, is it love of country — or really love of self substituting for love of country?

Love is not a transitory emotion, as infatuation is. We love our parents and kids with a bond both deep and elemental, as basic as the impulse to breathe. There’s no falling in or falling out of love in these cases, even when hate and rage and disappointment are mixed in. That love is permanent.

And it usually extends outward to the homes we live in, especially if there is a multigenerational tie to them. It attaches as well to schools we attend, the town or city from which we hail, the state we’re from — and ultimately to the nation.

Does it matter who governs it, or even how it’s governed? The Russian writers of the 19th century loathed their leaders and the national system, but had a mystical belief in the greatness of Mother Russia. The greatest patriotic poetry in the English language is in Shakespeare’s “Richard II” and “Henry V,” both of which are also about crimes of governance.

Thus it was that even the radical philosopher Bertrand Russell, no flag-waving jingoist, could say that his “love of country” was “very nearly the strongest emotion I possess.”

In America over the past 50 years, this affection has been supplanted by an odd sense among the politically active that the country is only worthy of their love when they consciously consider it lovable — when it stands for the things they believe in and acts in ways of which they approve.

There is something almost unnatural about this. It’s the elevation of the abstract over the real — over the love of what one wants rather than what one has. Not to mention the insult to the United States of America — which, more than any other nation, deserves the love of all its people because of the inestimable bounties of freedom and prosperity it has provided.

jpodhoretz@gmail.com

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