Judge ixnays privtization of Florida prisons

TALLAHASSEE, FL -- A judge has ruled the Florida Legislature's plan for privatizing prisons in South Florida is unconstitutional. The prison privatization was part of Rick Scott's platform when he ran for governor.

Circuit Judge Jackie Fulford issued the decision Friday in Tallahassee.

She ruled that lawmakers erred by including the privatization plan as a budget item. Fulford wrote that if they wanted to privatize the 29 correctional facilities the legislature should have passed a separate law.

The state may appeal her ruling. The Police Benevolent Association, which represents prison guards, challenged the provision. By making the privatization a budget item, the legislature bypassed legislative committees and a floor vote. 

Essentially, the legislature tried to use an undemocratic power play to privatize a state agency. Mike Fasano, the local state senator, applauded the judge's decision.  Fasano said this is a perfect example of why we should not be making major policy changes using proviso language. 

Some legislators said privately that the  budget item was handled as a power play because it would have never passed a floor vote. Privatization initiatives require a case study accompany the bill as to prove that the the privatization saves money. No such study was completed. 

Judge Fulford agreed: 

From the record, it appears that the rush to meet the deadlines in the proviso has resulted in many shortcomings in the evaluation of whether privatization is in the best public interest as it relates to cost and effective service.

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