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Investigators find insufficient evidence against former state fair executive director

 
The Florida Department of Law Enforcement did not find enough evidence to criminally prosecute former Florida State Fair Authority executive director Charles Pesano, seen in this 2014 photo. [Times files]
The Florida Department of Law Enforcement did not find enough evidence to criminally prosecute former Florida State Fair Authority executive director Charles Pesano, seen in this 2014 photo. [Times files]
Published Feb. 20, 2018

TAMPA — Charles Pesano may have used his position as executive director of the Florida State Fair to funnel business to his family's company, get Tampa Bay Rays tickets and have a hot tub installed in his Valrico home, but there is no evidence he committed any crimes.

That's the conclusion of a Florida Department of Law Enforcement investigation into whether Pesano violated state law during his 11-year tenure as director. The investigation found "insufficient evidence" that Pesano broke state laws related to official misconduct and taking bribes, according to a summary released by the agency.

The investigation began in 2016, after the Florida Department of Agriculture and Consumer Services Inspector General concluded that there was evidence to show Pesano did business with his own agency, entered into conflicting relationships and accepted gifts. Pesano submitted a one-sentence resignation the day after the investigation was released.

BACKSTORY: Florida State Fair executive director resigned after accepting Rays tickets and hot tub

According to that 2016 inspector general's report, Pesano suggested that employees at Cracker Country, a sprawling history museum on the fairgrounds, purchase candles from his family business, Seventh Avenue Apothecary, to sell. An employee who ordered merchandise for Cracker Country told investigators she wasn't told to purchase candles but felt obligated, even though they were not the type that would be found in the 1800s and early 1900s.

The investigation found that Pesano approved the purchase of $618 in candles and he acknowledged the candles were bought from a company in which he has an interest, telling investigators, "I should have used different judgment on that."

The FDLE investigation found no evidence showing Pesano was directly involved with the transactions. The summary report also notes the fair authority made a profit on the sales.

"While these transactions may have been unethical and inappropriate due to the relationship Pesano held with both entities, the evidence does not support criminal prosecution, as there is no proof of specific criminal intent," the summary report states.

The FDLE also looked into a deal between a fair authority business partner and Pesano's family business.

Pesano told investigators his family's candle company "bartered" with Spa Manufacturers, receiving a hot tub in exchange for an open tab for candles for the spa company. He said the deal was between his wife and the hot tub business.

Fair association partner Spa Manufacturers did install a hot tub worth $3,846 at Pesano's home in return for candles from Pesano's family business, but investigators found no direct link between Pesano and the spa company.

"In fact, the evidence suggests the spa transaction was conducted outside of the presence of Pesano entirely," the report states. "With no direct testimony or evidence to rebut Pesano's lack of knowledge or direction, the facts and circumstances do not support criminal prosecution on this point."

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The FDLE also confirmed Pesano received gifts of food, drinks and admission tickets to sporting events from Centerplate Catering, a fair authority vendor and, at the time, the concessionaire for the Tampa Bay Rays. But investigators found no evidence of specific criminal intent.

Pesano told Inspector General investigators this was an opportunity to see how the operation works and that it was "normal routine" for contracted businesses to offer free games. Asked if he had to attend multiple times in a season to see the operation, Pesano said they "do things different at different times, so … do you have to do it multiple? I guess you don't have to do it multiple."

Pesano did not immediately return a message left at his family business on Tuesday.

He was paid $146,250 a year at the time of his resignation. Agriculture Commissioner Adam Putnam, who oversees the Fair Authority, appointed Cheryl Fulford Flood to serve as acting executive director after Pesano's departure. She was hired for the full-time post in the fall of 2016. Flood had previously served as the Department of Agriculture's director of external affairs.

Contact Tony Marrero at tmarrero@tampabay.com or (813) 226-3374. Follow @tmarrerotimes.