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Union again beats state in private prison battle
By miamiherald.typepad.com - Marc Caputo
Published: 11/07/2011

For the second time, the union representing Florida correctional officers has succeeded in convincing a judge to order a halt to the Legislature's plan to privatize 29 South Florida prisons.

Early Saturday, Leon County Circuit Judge Jackie Fulford stopped the project a second time, handing another political victory to the Florida Police Benevolent Association and another legal setback to the Legislature and Department of Corrections.

"The Department of Corrections, its attorneys, agents and employees are directed to cease and desist all actions relating to the procurement process on the prison privatization RFP (request for proposals), and shall forthwith refrain from taking any further action inconsistent with this Court's final judgment," Fulford wrote.

Fulford first stopped the outsourcing venture in August when she ruled that the Legislature had illegally ordered the massive outsourcing venture through so-called provison language, rather than by passing a bill. Attorney General Pam Bondi, acting on behalf of the Legislature, appealed that ruling Monday, which the state says had the effect of suspending Fulford's order. The Department of Corrections then re-started the bid process and the union went back to court demanding that it be stopped again.

At a 45-minute hearing Friday afternoon, PBA lawyer Stephen Turner described the prison system's latest move as "sneaky" and said the union's legal challenge is similar to a bid protest, and that "you should not do anything when there's a challenge." The lawyer for the state, Assistant Attorney General Jon Glogau, replied: "The agency isn't trying to be sneaky. All they're trying to do is move the ball forward." The casually-attired Glogau (in photo above) was with his family at a Greek food festival when he was summoned to the courthouse for the emergency 4:30 p.m. hearing.

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