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Florida Legislature Shuts Down Prison Oversight Agency

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Over Gov. Rick Scott’s veto, the Florida Legislature recently defunded the Correctional Medical Authority, effectively abolishing a state agency created in 1986 in response to prison conditions litigation. The agency went around Florida evaluating whether its public and private prisons were providing constitutionally adequate health care. A spokesperson says the Legislature has “no obligation to restore funding following the veto of the Governor,” so for now the agency is shut down.

Democratic legislators are accusing the Legislature of inviting lawsuits:

“The shuttering of the Correctional Medical Authority was a grave mistake opening Florida and Florida taxpayers to the possibility of widespread financial and legal repercussions,” Sen. Arthenia Joyner, D-Tampa, and Rep. Mark Pafford, D-West Palm Beach, said Friday. …

“By allowing legislative interference to block its funding, the closure of the CMA potentially violates, at a minimum, the spirit of Justice Susan Black’s 1993 court order settling the Costello v. Wainright class action litigation,” Joyner and Pafford said in a joint statement. “Despite our efforts, and the governor’s veto of legislation eliminating the oversight group, the CMA was finished off behind the scenes, and outside the scrutiny of the media, the public, and other key stakeholders.

“To pre-empt any attempts to hold the state of Florida in contempt, or open the door to new litigation as a result of its closure, we urge Governor Scott to explore all possible options, including the issuance of an executive order sustaining the CMA’s operations pending the return of the Legislature.”

(The Florida agency’s annual budget was under $800,000, which might seem like a savings compared to the millions that California has spent on litigation over its prison health care system, but what do I know.)

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