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| Florida Prison Privatization Ruled Unconstitutional |
| By wctv.tv - Jim Saunders |
| Published: 09/30/2011 |
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Accusing legislative leaders of violating the state Constitution, the Florida Police Benevolent Association asked a judge Thursday to block a plan aimed at privatizing 29 prison facilities. Leon County Circuit Judge Jackie Fulford heard about three hours of arguments and indicated she likely would rule late Thursday or Friday. Attorneys for the union and three correctional officers argued that legislative leaders --- attempting to avoid a debate about the controversial issue --- sidestepped legal requirements by sticking the privatization plan in the fine print of the state budget. They contended that the constitution bars the use of the budget fine print, known as proviso language, to make such potentially far-reaching policy decisions. Also, they said lawmakers ignored an already-existing law that gives the Department of Corrections a key role in developing and requesting privatization projects. "Prison privatization of 29 facilities in 18 counties is something that has never been done before,'' said Kelly Overstreet Johnson, an attorney for the union. "It is (a) huge public policy change.'' But Jonathan Glogau, chief of complex litigation in the Attorney General's Office, defended the Legislature's actions. He said the law dealing with the department's role does not bar lawmakers from otherwise deciding to seek privatization. "That turns the system on its head, your honor,'' Glogau told Fulford. "Agencies don't tell the Legislature what to do.'' Read More. |
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