Rick Scott's Underhanded Effort To Privatize Prisons Thwarted By Court
Turner and Johnson said Sen. JD Alexander, a Lake Wales Republican and budget chairman, placed the privatization language in the budget after the prisons portion had cleared earlier committees that would have opposed the move.
Assistant Attorney General Jon Glogau argued that legislators have wide authority to tell departments how to use appropriated funds. He said the Legislature didn't have to pass a stand-alone statute to privatize prisons because the state has had a law for 20 years allowing the DOC to outsource some prison operations.
How many, and where those prisons will be, is up to the Legislature, Glogau said. He said every budget item embodies some form of policy choice and that House and Senate appropriations committees and subcommittees held many public hearings on all phases of the budget, including the final product.
"Slippery-slope arguments are hyperbole, at best," Glogau said. He said agencies have executive authority to organize, operate and staff their offices most efficiently.
"Privatization of prisons is a unilateral right of the employer," said Glogau. "I don't want to make light of the fact that people are losing their jobs but, under the facts and the case law, it is the unilateral right of the public employer to do this."
That sneaky Senator. After the prison portions cleared committees who might have noticed, much less have agreed to it, he slipped it in there. Despite all the false bravado, there seems to be at least a small concern that it might not be one hundred percent on the level, since the good Governor Scott pressured former Florida Corrections overseer Ed Buss not to testify or give a deposition before the case was heard. Fortunately the unions were paying attention, and took it to court. Last Friday, Judge Jackie Fulford ruled the scheme unconstitutional.