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Vol. 37, No. 40: Section 01
Tallahassee, Florida
Oct. 6 - Oct 12, 2011
Judge throws out prison privatization plan Coronation
By Jim Saunders
Fulford, in a six-page order, said the constitution required lawmakers to change state law or use an already-existing department review process before privatizing the prisons. Instead, legislative leaders put the privatization plan in budget fine print, known as proviso language. initiate privatization of Florida prisons, as opposed to DOC (initiating it), the Legislature must do so by general law, rather than ‘using the hidden recesses of the General Appropriations Act,’ ” Fulford wrote, partially quoting
a decades-old Supreme Court ruling. Fulford’s order was a victory for the Florida Police Benevolent Association (PBA), which along with three correctional officers, challenged the plan this summer.
The PBA has long fought prison privatization efforts, which eliminate state jobs. “You’ve got 4,000 officers today (who) just breathed a sigh of relief,’’ PBA Executive Director Matt Puckett said shortly after See PRIVATIZATION, Page 2
Taggart sets Judge takes drug test injunction new heights under advisement Person of the Week
Marshall J. Taggart Jr.
U.S. District Judge Mary Scriven By Michael Peltier
By Terrika Mitchell Outlook Staff Writer
The News Service of Florida Special to the Outlook
Local families turned out for Tallahassee Regional Airport’s (TLH) first Airport Funfest and BBQ Challenge. This is the beginning of many initiatives to reconnect the facility with the community, according to the man with a plan. “We realized that people have been linking with other networks,” said City of Tallahassee’s new Assistant Director of Aviation Marshall Taggart Jr. “This event coincides with the airport’s 2020 Vision to bring consumer allegiance to the airport.” Taggart joined the TLH team on Feb. 1, focused and motivated to take on a challenge. “Tallahassee has a unique See POW, Page 2
A federal judge in Orlando on Sept. 26 gave Florida officials 14 days to respond to a lawsuit challenging the state’s ability to drug test applicants for temporary cash assistance. Following testimony Sept. 26, U.S. District Judge Mary Scriven refused to immediately issue an injunction barring the Department of Children and Families from conducting the drug screens for new applicants for Temporary Assistance for Needy Families (TANF). A lawsuit filed by a University of Central Florida student, backed by the American Civil Liberties Union (ACLU), is asking the federal court to strike
down the law passed by Florida lawmakers earlier this year. Attorneys for Luis Lebron contend the blanket screenings are unconstitutional because they amount to suspicionless searches. Scriven took the motion for an immediate injunction under advisement. She can rule on it before the 14-day extension she granted the state to counter Lebron’s motion for class action status on behalf of other TANF recipients who must now pay for and pass drug tests before receiving cash benefits. Lebron’s attorneys argued that the state had no reason to suspect that he abused drugs. Lacking any concern over public safety, the state is barred from making such a presumption, they said. “The governor and the Legislature sent their lawyers into court
today to advance a very startling proposition. They argue that some Floridians, namely poor families with children who qualify for temporary public assistance, are not protected by the Constitution of the United States,” said ACLU of Florida Executive Director Howard Simon. The state countered that Lebron was allowed to seek benefits or not and he chose to forgo the federal assistance by not taking a test. “No one forces an applicant to take the test. The plaintiff was notified of his right to refuse and has exercised that right,” the state wrote in its initial response. “Because any invasion of the plaintiff‘s privacy rights is purely consensual, no search within the meaning of the Fourth Amendment‘s prohibition on unreasonable searches and seizures has occurred.” A U.S. Navy veteran, Lebron is a single, custodial father who is scheduled to graduate in December. He was denied benefits when he refused to take the test, which costs between $25 and $45. Backers of the measure, including Gov. Rick Scott, say private businesses have been requiring such tests for years and government should be no different. A survey released Sept. 28 by the Drug and Alcohol Testing Industry Association, a trade group for testing companies, found 57 perSee TEST, Page 2
Florida sets January 31 primary, defying national GOP By Brandon Larrabee The News Service Of Florida Special to the Outlook
A state commission officially set Jan. 31 as the date for Florida’s presidential primary, casting aside rules agreed on by both national parties and sparking a stampede to January by a handful of traditionally early states. On a 7-2 vote, with former Democratic Sen. Al Lawson of Tallahassee joining with the panel’s six Republicans, the committee chose to essentially leave Florida’s date where it was when the dustup over the calendar began. The commission itself was created by the Legislature as part of an effort to avoid a showdown with the Republican National Committee (RNC) while ensuring Florida kept a prominent place in the GOP primary process. The move means Florida will likely lose half of its delegates to the Republican convention next year in Tampa, the only one of the two major conventions that will
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A Leon County circuit judge Sept. 30 blocked a plan to privatize 29 prison facilities, ruling that lawmakers violated the Florida Constitution by approving the changes in the fine print of the state budget. Judge Jackie Fulford’s ruling had an immediate effect: The Department of Corrections (DOC) suspended Sept. 27 scheduled opening of bid proposals from companies that want to run the prisons. Fulford, in a six-page order, said the constitution required lawmakers to change state law or use an already-existing department review process before privatizing the prisons. Instead, legislative leaders put the privatization plan in budget fine print, known as proviso language. “Based on the record before it, this court concludes that if it is the will of the Legislature to itself
3 1363 E. Tennessee St, Tallahassee, Fla. 32310
The News Service of Florida Special to the Outlook
Former Sen. Al Lawson (left) of Tallahassee supported the January primary date in a 7-2 vote. Rep. Cynthia Stafford (right) voted against the move, saying, “We’re going to play a major role regardless...” officially decide a contested nomination. President Barack Obama currently has no challenger in the Democratic primary, and one is not expected to emerge. But supporters of the Jan. 31 date said brokered conventions were a thing of the past, and the momentum and fundraising boost
from winning a megastate like Florida would overwhelm the loss of delegates in a heated primary. They largely dismissed the threats of retaliation by the RNC. “If the party wants to pay for the election, we’ll pick whatever date they want,” said House Majority Leader Carlos Lopez-Can-
tera, R-Miami. “But as long as the voters of the state of Florida are paying for this election, I believe it is my constitutional duty to make their impact as great as possible and their voice heard as loudly as possible.” And former Gov. Bob Martinez said Florida would still have sway on the delegate counts. “Even if we’ve got half, our half is greater than most of the states that went before us,” he said. Most of Florida’s delegates will be allocated according to which candidate wins each congressional district, though a handful will be given to the overall winner of the state. In a move supporters said proved their point, the Republican Party of Florida and CNN announced hours after the decision that they would host a debate in Jacksonville sometime between Jan. 22 and the primary. Opponents said the state was See PRIMARY, Page 2
Inside LOCAL / 3
OPINION / 4 EDUCATION / 5 RELIGION / 6 COMMUNITY NEWS/ 7
Briefs Gift card reseller not delivering deals If you think getting a $100 Walmart gift card for $50 sounds like a deal too good to be true – you may be right. Online consumer groups and Florida regulators have been fielding complaints about cardilly.com, an Internet outfit that offers to sell deeply discounted gift cards from multiple retailers. Consumers say Cardilly has taken their money but not provided the promised gift cards. 1-800-New-Rules? For-profit lawyer referral services have operated in Florida since the mid-1980s, but the businesses didn’t get much notice until a few years ago when some of the larger ones, such as 1-800-ASK-GARY and 1-800-411-PAIN, began aggressively advertising. In radio and television commercials, the companies urge motorists to call a referral service as soon as possible after a crash and get linked to a lawyer and doctor. As the industry has grown, the marketing has become more sophisticated: 1-800-ASKGARY is paying an estimated $375,000 a year for three years to put its name on a major concert venue in Tampa; 1-800-411PAIN introduced a 411-PAIN iPhone app this year that allows accident victims to “catalog and report an accident to 411-PAIN, including pictures of the vehicles involved, photos of drivers’ licenses, insurance cards and license plates, and record any bodily pain you have.” The advertising has attracted attention from more than potential clients. The Florida Bar created a special committee this year to investigate the services and determine if it needs to regulate them.
This Week’s Word “Blessed are the pure in heart: for they shall see God.” Matthew 5:8 (KJV)