Lawsuit Filed Over Prison Privatization In Florida

July 20, 2011

A group of corrections officers and their union have sued to block the state’s effort to privatize 18 Florida prisons, saying the law allowing the privatization was illegally added to the state budget during the waning days of the 2011 session.

A lawsuit filed last week in circuit court in Tallahassee, says lawmakers overstepped their bounds by including budget proviso language that requires the Department of Corrections to explore the private prison option, a controversial issue that has been simmering in Tallahassee for years.

Under the prison privatization measure, the Department of Corrections could bid out the contract for the private takeover of prisons across the southern third of the state as a group, or as a set of smaller contracts. The Legislative Budget commission would give final approval to the plan.

Plaintiffs who sued the Department of Corrections, including the Police Benevolent Association, the union that represents many corrections officers, say lawmakers essentially crafted legislation that required Gov. Rick Scott to approve the plan. That’s because it tied the transfer to other Department of Corrections appropriations that had to be approved by the governor.

“This effectively made the proviso language veto proof,” the complaint contends.

Further, the group alleges that lawmakers sidestepped the type of research needed to justify the privatization effort, and didn’t provide proof that that the outsourcing would save money while maintaining quality of service and public safety.

The proviso language at issue requires savings of 7 percent in order for a private prison operator to get a contract.

But in essence, the prison guards contend lawmakers used the budget to pass legislation that should have had to stand on its own.

“The subject proviso language attempts to enact or alter substantive law and legal standards that control or should control the privatization of any state correctional facility,” the complaint reads.

The PBA has more than 36,000 law-enforcement and corrections-officer members.

The budget provision allows state officials to transfer up to 1,200 beds to existing private prisons with available capacity.

By Michael Peltier
The News Service of Florida

Comments

5 Responses to “Lawsuit Filed Over Prison Privatization In Florida”

  1. MKC on July 23rd, 2011 9:10 am

    All Floridians should be terrified right now. The current state of Florida Department of Corrections has not had an escape from a secure perimeter in years. All of the private companies that are bidding on these contracts have prisons in other states. Look at their record. Particularly look at GEO corporations. I think it will alarm you. What was the price tag that Governor Scott and the legislature placed on you and your families safety?

  2. Kathy on July 22nd, 2011 5:18 pm

    Gee, scott promised jobs to the people but unemployment went up to over 11%. He must be able to give cream puff work to his cronies, the companies that will fail to train and pay and provide meager benefit packages to the unwitting employees of these groups.

  3. Jules on July 20th, 2011 9:09 pm

    As long as the private prisons get to pick healthy, no trouble inmates, then they can run it cheaper. The “perfect” inmate is what they need. But all inmates are not healthy and inmates do have bad days too!

  4. huh on July 20th, 2011 7:13 pm

    Prisons should not be private, because then they have incentive to jail more people by corrupt means to make money.

  5. bleeding blue and orange on July 20th, 2011 7:43 am

    I hope no one complains about this action from our elected officials. I haven’t been seeing anyone showing up to advertised meetings in Jay or Century this week to voice opinions on their votes. You don’t know who to vote for when you can’t take the time to ask them their stance on these subjects.

Written by William Reynolds · Filed Under News