Florida lawmakers have yet to map out a response to a judge's ruling last weekend that once again blocked budget-cutting efforts to shift 29 correction facilities into private hands.
But no timeline has been made on how the state will respond to the latest setback from Leon County Circuit Judge Jackie Fulford.
A decision has not been made whether to file a motion to reinstate the stay, said Jennifer Davis, a spokeswoman for Attorney General Pam Bondi on Monday.
Late Friday, Fulford declared after an emergency hearing that the prison privatization bid process should have remained suspended as it had been from Sept. 30 -- when she first ruled against the proposal -- until last Thursday.
A spokeswoman for Rep. Dean Cannon, R-Winter Park, said the House speaker will re-evaluate how the state responds after hearing from House members.
Senate President Mike Haridopolos, R-Merritt Island, considers the appeal a purview of the executive branch.
"Once again, I am deeply disappointed in Judge Fulford's decision, Haridopolos stated in a release. Her order halting the procurement process by DOC does nothing but delay our state's prison privatization efforts further; efforts that could save the state a minimum of $22 million -- money that could be better spent on education, health care and economic development."
Contending any appeal is up to the attorney general and legislators, Gov. Rick Scotts office noted he respectfully disagrees with, but intends to follow, the ruling.
In her ruling, Fulford took issue with the Department of Corrections reopening the bid process on Thursday, hours after she had set a Nov. 16 hearing between the Florida Police Benevolent Association and the state.
The hearing was called after Attorney General Pam Bondi appealed Fulfords initial ruling to the 1st District Court of Appeal in Tallahassee on Oct. 31. As part of her ruling, Fulford noted that the state had agreed not to take further steps toward privatization until after the Nov. 16 hearing.
In that, the governors office which had announced no plans to appeal Fulfords initial ruling prior to Bondi filed her appeal -- strongly disagreed.
It is the administrations opinion that there is no 'irreparable harm' to any party as no contract will be entered into without the consent of a court of law, Jackie Schutz, a spokeswoman for the governors office, stated in an email.
The department needs to be positioned to issue a contract, if it is allowed, to save the state money and to perform its duties under the law."
In the past week, Scott complained twice about judges injecting themselves into approved legislation from the 2011 session: after Fulford appeared to express sympathy toward state workers fighting a law that requires them to contribute to their pension, and a federal judge in Orlando temporarily blocked Floridas law requiring welfare applicants to be tested for illegal drugs.
Assistant Attorney General Jon Glogau argued -- during the emergency hearing requested late Friday by the PBA -- that the original order to halt the bid process was lifted when Bondi filed the state's appeal.
The appeal is still in place contesting Fulford's ruling that the state should have approved the prison privatization plan as a stand-alone bill in the 2011 legislative session, rather than as a proviso in the overall 2011-2012 budget.
Spokesmen for Cannon and Senate President Mike Haridopolos, R-Merritt Island, did not respond to emailed questions about the Legislature simply placing the privatization question before lawmakers in the 2012 session that begins in January.
It would be premature to speculate as to how this may or may not affect the budget, as well as whether legislation will be introduced in the upcoming session, as the appeals process has just begun to move forward under the leadership of Attorney General Pam Bondi, Haridopolos stated.
Cannons office did repeat remarks he made last week that the proviso language and process were appropriate and (he) disagrees with the lower court ruling.
Moving forward, we will have to see where the membership is and re-evaluate options. It is too soon to tell what form those options may take, Katherine Betta, Cannons spokeswoman, stated in an email.
Lawmakers had envisioned the privatization move saving lawmakers $11 million from the Department of Corrections budget in the current fiscal year and providing an overall 7 percent cut to the departments budget.
Betta said the commission should be able to work the existing budget to absorb the impact of not having the privatization savings in the current fiscal year.
Reach Jim Turner at jturner@sunshinestatenews.com or at (850) 727-0859 or (772) 215-9889.
