A part of the state budget that would have privatized health care services in Florida’s prisons has expired, but the Department of Corrections is moving forward with the plan saying they have the authority to do so even without the expired provision. It was challenged in the courts before, but, two unions are calling on a trial judge to weigh in again, before thousands of state employees are out of a job.
Last month, Leon Circuit Judge Kevin Carroll ruled it was unnecessary to even make a decision on whether it’s unconstitutional for the Florida Department of Corrections to privatize inmate health care services. He said it did not make sense because the provision in last year’s budget, allowing it, had expired June 30th.
So, Carroll dismissed the case. But, weeks after that decision, two unions asked him to re-open the case. One of the unions, the American Federation of State, County, and Municipal Employees, or AFSCME, was represented by Tom Brooks.
“Nobody’s tried to start with an RFP based on a proviso, have that become invalid for some reason, and say well, we’re going to do it anyway,” remarked Brooks.
Brooks, while representing AFSCME, is suing to block the department from going ahead with privatizing the prison health care services. He says it’s not fair that after a judge ruled it moot, the department still went ahead with the process to get private bidders under the expired provision.
Doug Martin, spokesman for AFSCME, says his group is trying to get a definite ruling for two other reasons.
“Just a few years ago, prison health care privatization in Florida was a complete disaster and it ended up costing the taxpayers far more than any elusory savings," said Martin. "And, we’re challenging this on behalf of the men and women in the prison service who have dedicated their careers, caring for the some of the most dangerous people in our society. And, if this goes through, they’re going to lose their health insurance, their retirement, their careers.”
So, during oral arguments Wednesday Leon Circuit Judge Kevin Carroll was urged to reconsider the case. David Miller, the attorney for the Florida Nurses Association, which is also suing the state, says his client would not mind coming back to court if the Department of Corrections started from square one with bidding out contracts. But, he says the matter before the judge is the department went ahead with trying to privatize under the expired provision.
“We now ask for the ruling that we sought before that the lapse of the proviso kills the RFPS and kills any contracts based on those RFPs," said Miller. "That’s a very simply, straight forward ruling and very consistent with the ruling you’ve already made.”
But, John Glogau with the State Attorney’s Office says the department should not have to do that. He claims the state has the authority to move ahead with the privatization effort under existing law.
“The way I read your order, it said the proviso has lapsed and I trust the department will not proceed further under the proviso. And, that’s all the order says," said Glogau. "If I’m wrong, I apologize, but that’s the way I read it, and the department is not operating under the proviso. They’re operating under their statutory authority.”
Glogau says if his opponents want to amend their complaint, he welcomes them to do so. But, lawyer for AFSCME, Tom Brooks, says Glogau is just using a delay tactic to prolong the case.
“The reasonable thing to do---if they weren’t acting out of motives just to get this done for the sake of getting it done to say we privatized or to reward their buddies, whatever it might be," said Brooks. "Why don’t they say ‘yea, let’s have this cleared judicially, so that we know we’re going forward righteously!’ And, the answer’s obvious: It’s fight its battle! Let’s Kick a Can down the road! Let’s avoid it as much as we can and hope that it goes away.”
Meanwhile, Leon Circuit Judge Kevin Carroll says he has a lot to think about and asked attorneys from both sides to present him with additional arguments before he makes a final decision on the matter.
“I don’t think either side has addressed this issue of whether the poison fruit of a now expired proviso is properly before the court or somehow prohibits the DOC from proceeding,” said Carroll.
Carroll is expected to get the written arguments by August 17th. If the department goes ahead with the privatization process, about 28-hundred employees is expected to lose their jobs.
