Are Prisons-For-Profit, Secretly Privatized, the Answer to Florida’s Budget Problems? Florida Prison Privatization Analyzed

With new bills, Florida Republicans are rushing to privatize the state’s correctional institutions—turning jails, prisons, and even mental health facilities over to international prison-for-profit firms. However, per the Palm Beach Post, instead of having several hearings in a variety of committees, the bills are being fast tracked, bypassing the normal policy review process. Additionally, Florida Senate President Mike Haridopolos wants prison privatization to occur without public input, in secret.

Some of the biggest prison privatization firms that stand to benefit include: Corrections Corporation of America, Geo Group, Cornell Companies, Inc., and Serco.

The Private Corrections Institute, an anti-privatization advocacy group, cites the National Institute on Money in State Politics in noting that the private prison firms have donated large sums to Florida Republicans:

In 2010 Geo Group, its executives, and its political action committees gave over $705,000 to political candidates and parties in Florida, while CCA donated $138,994—primarily to Republican causes. Further, both CCA and GEO made contributions to Gov. Scott’s inaugural fund in the amounts of $5,000 and $25,000, respectively. Since 2004, GEO has given $1.8 million to Florida political candidates, parties and committees. Also, based on Senate records, GEO paid its Florida lobbyists between $220,000 and $360,000 to influence state officials since October, 2010.

The Public Campaign Action Fund noted donations to specific Florida politicians including Senator Mike Haridopolos (President of the Florida Senate), former Governor Charlie Crist, US Senator Marco Rubio, and former House member Ron Klein. In 2011 alone, Haridopolos received $24,500 from executives at GEO Group, including George Zoley, CEO of Geo Group and a member of the Board of Trustees at Florida Atlantic University. Serco, based in the United Kingdom, has also been a big spender, donating $353,775 to federal candidates since 2005, especially Republican Senator Mitch McConnell.

Blogger Jim Turner notes here that privatized facilities slated for privatization are located across Florida in the following counties: Manatee, Hardee, Indian River, Okeechobee, Highlands, St. Lucie, DeSoto, Sarasota, Charlotte, Glades, Martin, Palm Beach, Hendry, Lee, Collier, Broward, Miami-Dade, and Monroe counties.

Advocates of prison privatization say that privatization leads to lower construction costs, lower convict recidivism, and fewer long term costs associated with public employees such as health plans and retirement costs.

Opponents of privatization argue that the promises of lower costs to states are an illusion. Instead, they argue, prisons for profit will lead to a judicial system focused on arresting people for low-level, non-violent offenses: these are the inmates that go to the privatized facilities. The state is left with a concentration of the most violent offenders in the public prisons. With the private facilities taking only the “best” criminals, their statistics are naturally skewed as some of the offenders shouldn’t be incarcerated in the first place. Public facilities holding a concentration of the most violent offenders naturally see more recidivism, more costs, greater violence, and so forth. Furthermore, the massive amount of political donations and spending by prison for profit firms has corrupted the review process and skewed real analysis of costs and benefits of privatization.

Just how much money and power do prison-for-profit firms already have?

In 2009, when most American businesses were struggling to survive, Boca Raton based GEO Group grew by 10%, adding 7,600 prison beds. The firm is highly diversified, running prisons in South Africa, Australia, and elsewhere. Additionally, the GEO Group buys smaller firms with businesses in electronic ankle bracelets, detention of illegal immigrants, and psychiatric services. In other words, the international firm is at once: the jailer, probation officer, psychiatrist, and border patrol.

Prison for profit is a very profitable industry. GEO Group CEO George Zoley makes $3,484,807 annually. GEO Group General Counsel John Bulfin earned approximately $837,000 in 2010.

Do you feel that the Florida Legislature should slow down in its rush to turn over Florida’s law enforcement agencies to international prison for profit firms?

Use the phone list below to make your voice heard regarding Prison Privatization bills such as SB 2036, SPB 7172 and SPB 7170.

Senate Rules Committee Members

John Thrasher SD 8  (850) 487-5030

JD Alexander  SD 17 (850) 487-5044

Anitere Flores  SD 38 (850) 487-5130

Don Gaetz  SD 4 (850) 487-5009

Andy Gardiner SD 9 (850) 487-5047

Dennis Jones  SD 13 (850) 487-5065

Joe Negron  SD 28 (850) 487-5088

Garrett Richter  SD 37 (850) 487-5124

Stephan Wise  SD 5 (850) 487-5027

Larcenia Bullard  SD 39 (850) 487-5127

Gwen Margolis  SD 35 (850) 487-5121

Gary Siplin  SD 19 (850) 487-5190

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After Controversial Steps, Brevard’s Clerk of Court Mitch Needelman faces Republican Challenger Rod Kernan in 2012

It didn’t take long for controversy to ensue after Mitch Needelman took over as Clerk of Court in Brevard County, Florida. Now Republican Rod Kernan is challenging Needelman in the GOP primary, hoping to unseat him.

One of Needelman’s most controversial steps was unilaterally privatizing the staff of the Clerk of Court. Approximately 140 employees were summarily fired, but offered their jobs back through an Orange County based staffing firm–but with reduced wages and benefits.

Although the move was advertised as a way for Brevard County to save money, the move had unanticipated negative effects on Brevard County’s health program. By cutting 140 people out of the program, it altered the financing of the program and the County requested that the Clerk’s office reimburse the fund for more than $146,000. Furthermore, the fired workers sued the Clerk of Court for violating the County Charter, forcing Needelman to devote precious government funds to defending a lawsuit filed by the Clerk’s own staff.

Additionally, Needelman hired two new Chief Deputy with salaries of $90,000 to help manage a work force that was already outsourced; effectively spending much of the “savings” caused by sending the Brevard jobs to the Orlando firm. Some especially criticize the hiring Needelman’s private attorney, also rumored to be his private psychic, Mark Gager.

Some Brevard residents argue that Needelman’s policy decisions were a cynical ploy to tap into voter angst by privatizing a government work force, but that Needelman never did his homework to determine whether there would actually be any savings for Brevard, or whether the move would affect the County’s existing financing health care. At the end of the day, now even fewer in Brevard have access to retirement or health insurance.

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Hoping to Modify Your Home Mortgage? Watch Out for these Predatory Bank Practices…

This month, the Securities Exchange Commission charged top former executives at Mortgage giants Fannie Mae and Freddie Mac with securities fraud for making false statements about the quality their massive loan holdings. Read more about the civil fraud suits here. While many are relieved to see the federal government finally holding people accountable, many wonder when the government will stand up to help Americans keep their homes, or pay for student loans after their livelihoods were destroyed by systematic financial industry fraud, and the resulting destruction of millions of jobs.

The blog Mandelman Matters has reported that an employee of Chase’s mortgage servicing company described his job as, “making borrowers jump through every hoop so that when something fails to get done on time, they can deny it and foreclose.”

The employee, identified only as “Jared,” said that his boss said, “We’re in the foreclosure business, not the modification business.”

According to the Chase mortgage servicing company employee, “Foreclosures are a no lose proposition for the servicers… The servicer gets paid more to service a delinquent loan, and they get to tack on extra charges. If the borrower reinstates, which is rare, then the borrower pays the extra fees. If the borrower loses the house then the investor pays them. Either way, the services gets their money.”

Perhaps this explains why so many borrowers were told that modification would only be available only if they missed several payments. Yet, when people followed the directions they had been given, and applied for the modification, they instead faced foreclosure.

Researcher Matt Stoller with the Franklin and Eleanor Roosevelt Foundation reports on another angle of the corrupt mortgage servicing industry: a payment computer program that improperly applies payments first to mortgage servicing costs instead of to interest and principal. Home loans specify that payments be applied first to interest, then principal, and then to all other fees. Yet the program used by the servicer routinely applies payments first to fees.

In other words the banks have intentionally installed computer programs that apply payments systematically in ways that violate the very contracts they are enforcing via foreclosure, but which lead to greater profit for so called “mortgage servicing.” Read more about this systematic and predatory bank practice here. The practice was identified by Judge Elizabeth Magner in the the Louisiana foreclosure case, Jones v. Wells Fargo.

Has this happened to you or anyone you know?

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Facing 20 Years in Prison? Sentencing Hearing Coming in a Few Days? Adopt a Dog.

The Huffington Post reports here that convicted former Governor Rod Blagojevich and his family adopted a dog, just a few days before sentencing on federal corruption charges.

Prosecutors are seeking a sentence of between fifteen and twenty years in prison against the former Illinois governor, but defense attorneys say that less than four years in prison are warranted.

Blagojevich was convicted of corruption for attempting to trade appointment of a US Senator for political and financial gain. Defense attorneys argue that Blagojevich never received any financial compensation.

Ever since the Nixon “Checkers” speech, politicians have used dogs to soften the hearts of those around them. So perhaps Blagojevich is doing the right thing.

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Software on Most Smart Phones Records Every Text Sent, Every URL Visited…Basically Everything the Phone Does is Recorded

About a month ago people learned that smart phones record and transmit data about their users. Only now, some investigators are reporting here that data collected by Carrier IQ, people’s most personal and intimate information, is being collected by law enforcement.

Off the record, some have indicated that law enforcement authorities are even able to remotely turn any cell phone on or off, or operate other features, such as the camera or video equipment. With the phone turned on, police are able to locate a cell phone customer by triangulating the nearest cell phone towers and essentially flushing them out.

With the Carrier IQ software, smart phones record and transmit every website a mobile phone user visits, every text they send. According to AT&T and other providers, it helps them know where calls are dropped, where the cellular network is weak, whether batteries are working properly, and other problems that happen systematically across the network. Firms like AT&T, Sprint, and others claim that the information is transmitted in an anonymous manner that allows the firm to compile metrics on network health, not personal files on each mobile phone user.

Needless to say, there are some obvious privacy concerns where everything a phone does is transmitted to a huge multinational firm with endless hard drive space. Animals that are tagged by researchers with radio collars may live more private lives than most Americans at this point.

From a legal perspective, people should use caution when using their phones. Avoid visiting websites or utilizing files on your phone that you would not want other people to know about. Privacy in America is increasingly just a fantasy.

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Occupy Protesters Shut Down a Brooklyn, New York Foreclosure Auction… Could it happen in Florida?

Most people have heard of the protests against bank corruption and corporate greed in New York City, Chicago, Washington, D.C., Denver, Houston, San Diego, and Orlando, Florida.

Believing that banks have corrupted the proper functioning of government, protesters have taken their concerns about the economic crisis directly to banks and banking officials. On October, 13th, 2011, community members in Brooklyn shut down a foreclosure auction to prevent the loss of housing to more American families in their community.

Watch the video here.

Could protesters disrupt auction in Melbourne, FL, Palm Bay, FL or Deland, FL?

Do you have thoughts or comments? Please share them.

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DUI School Information for Melbourne, FL & Palm Bay, FL

Arrested for DUI in Melbourne, FL or Palm Bay, FL and want to know the specifics?

Contact Attorney Eric A. Morgan at Morgan Law, P.A. DUI in Melbourne, FL – Palm Bay, FL for a free consultation: (321) 253-6223 or visit our site through this link.

Level One or Level I DUI School in Brevard County, Florida (Melbourne, FL & Palm Bay, FL)
First offenders take the Level 1 DUI Course. There are both Spanish and English versions of the course. The Brevard County DUI Level 1 course meets the statutory requirements of Florida State 316.192(4) and 316.193(5).
A judge may order a defendant to take the DUI Level 1 course for a variety of offenses, not just DUI. Sometimes people charged with Reckless Driving or Driving with Open Container will be ordered by Brevard County, FL judges in Melbourne, Titusville, or Viera to take the DUI Level 1 Course. People convicted of out of state driving charges may need to take the DUI Level 1 course in order to qualify for a Business Purpose Only driver’s license.

Level II DUI School in Melbourne, Florida & Palm Bay, Florida:
People convicted of a 2nd DUI must take the DUI Level II course. The course involves a psychological evaluation interview by a certified DUI instructor. Additionally, participants engage in 12 hours of classroom instruction about the dangers of impaired driving and the legal consequences suffered by Florida offenders.

Victim Awareness Program
In addition to taking either the DUI Level 1 Course or the DUI Level II course, defendants must complete the Victim Awareness Program.

Brevard County, Florida DUI School Locations:
There are two locations where Brevard residents may take the DUI courses, one in Melbourne, FL and one in Merritt Island, FL. The Melbourne, FL DUI School is located between Airport Boulevard and Babcock Street, off of Hibiscus Boulevard. People may register for the classes at either location from 8 a.m. to 5 p.m., Monday – Friday. Online registration is available. The Merritt Island, FL DUI School is located near the intersection of Courtenay Parkway and State Road 520 near Home Depot.

Melbourne, Florida DUI School:
1515 Elizabeth St.
Melbourne, FL 32901
Phone Number: (321) 952-5327 or (407) 847-4452
Fax: (321) 727-7429

Merritt Island, FL DUI School:
250 N. Courtenay Parkway
2nd Floor
Merritt Island, FL 32953
Phone Number: (321) 631-2347 or 
(407) 897-4429
Fax Number: (321) 639-2593

Registration Requirements for Level I or Level II DUI Schools
People registering for the Level I or Level II DUI School for Brevard County, must provide the following documents:

  • Driver’s license or photo identification
  • Driver’s license number
  • DUI citations and arrest affidavit
  • Traffic Crash Report (if a crash occurred)
  • breath or blood alcohol level (BAL) reading

After a defendant completes the required course, the Brevard County, FL DUI Schools will send proof of completion to the Court, the probation officer, and the Florida Department of Highway Safety & Motor Vehicles (DHSMV). The Brevard DUI Schools must report a failure to complete the requirements of either Level 1 or Level II courses, if they have not been completed within 90 days, potentially leading to suspension of one’s driver’s license.

Other Important DUI information for Residents of Melbourne, Florida & Palm Bay, Florida

Ignition Interlock Device - People who were especially intoxicated at the time of their DUI or people facing a second or third DUI charge are often ordered to pay for and install an ignition interlock device. The ignition interlock prevents a vehicle from being started until a breath sample is provided. When the device detects a breath alcohol reading of more than 0.05%, then the vehicle will not start.

SCRAM (Secure Continuous Remote Alcohol Monitor) - A SCRAM device allows law enforcement agencies to remotely monitor whether a person is impaired.

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Derek Pelto Appeals Guilty Verdict, Raises Self Defense…but what is an Appeal?

OK, so you’ve lost your criminal defense trial and now you want to appeal… What does that mean?

Recently, I was made aware of a criminal case in central Florida involving a young man accused of murdering his ex-girlfriend. His name is Derek Pelto. Essentially, Mr. Pelto’s ex-girlfriend came to his home and, after a fight, hit him in the head with a hammer. She broke his skull and seriously injured him. According to the defense, Mr. Pelto managed to seize the hammer and defend himself, killing her. Mr. Pelto was charged with 2nd degree murder and went to trial. He was found guilty and sentenced to life in jail. He is now appealing the verdict against him. His family and friends are working to help him develop the case for appeal. Please read more about it at Help Derek Pelto. The Orlando Sentinel account may be found here.

For many people, it would be the ultimate nightmare: something bad happens, the police come, an arrest occurs, and one is taken to jail. Later, perhaps, a bond is posted, but there is still the matter of the pending charges.

For many people, a pre-arranged punishment in the form of a plea agreement is the means of resolving the matter. The plea might involve merely a fine, or perhaps probation and community service, or in the case of a serious charge, an agreed jail sentence. Others opt for a trial and fight the charges.

Such people feel that that they are innocent, or at least the case cannot be proven beyond a reasonable doubt. They elect to have a trial and let a jury decide the outcome. If they win the case (on all charges), then they go home. If they lose, a judge sentences them according to his discretion and/or statutory requirements.

When defendants lose a trial and are sentenced, many will consider whether an appeal would give them some relief.

However, there are many misconceptions about what an appeal really is. First of all, appealing a verdict, in most cases, does not mean that the entire trial will occur again. An appeal must be based on an error of law by the judge, improper behavior by the attorneys or the jury, or some problem with the legal procedures that occurred in the case. If the judge followed all the laws and used his discretion within permissible bounds, and if the prosecution, defense, and jury members acted appropriately, there is not much chance of an appeal prevailing.

Examples of cases overturned on appeal might include: whether evidence was admitted, when it shouldn’t have been–perhaps causing improper bias within the jury, or where the evidence was collected by the police in violation of the US Constitution. Where a prosecutor trashes the defense attorney or makes improper personal attacks that have nothing to do with the case. Where a judge errs in ruling for or against objections to testimony. These are examples of issues raised in appeals.

Sometimes a trial is so riddled with errors that an appellate court will ask for the whole case to be retried. Often however, appellate courts rule that although an error occurred, it was not a material or substantive error to the extent that it would have affected the overall outcome in the case. Most appeals are denied.

Do you have questions about a criminal charges in Melbourne, Florida? Questions about a Palm Bay, FL trial? Is your family member facing a trial in Deltona, Florida, Orange City, Florida, or Deland, Florida? Please contact Morgan Law, P.A. at (321) 253-6223 or (386) 218-4973.

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Why File a Palm Bay, FL Bankruptcy? Why Seek Bankruptcy Protection? Just Keep on Going and Hope for the Best?

For many people, the word “bankruptcy” has an ugly connotation. It is something to be avoided at all costs. However, filing bankruptcy is actually a way to recover from financial problems. After all, no one files for bankruptcy if they are able to pay their bills–so what is the purpose of doing it? Bankruptcy allows people to escape old debt and start over.

Many people have fallen on a variety of old bills, whether they are credit cards, old business loans, medical bills, or even creditor financial judgments. Year after year, they limp along, paying what they can–with their credit in a permanent state of wreckage. Essentially, they have already defaulted on their creditors–not because they don’t want to pay, but because they don’t have the money to pay.

One of the worst hit areas is Palm Bay, Florida. For many years, it was one of the fastest growing cities in Florida. A lot of Palm Bay, FL residents bought houses and worked in construction, real estate, and other supporting industries. Then the bottom fell out. A lot of hard working people could no longer pay their debts. I remember tracking phone calls of prospective bankruptcy filers and realizing that nine different households on the same Palm Bay, FL street had called for advice about overwhelming unpaid bills. That was all in a two month period.

If the entire street is unable to pay their bills, it means that people should look beyond the personal shame of needing to consider a bankruptcy, and think about what a bankruptcy really is: start fresh and wipe away old debts. With a bankruptcy, people can wipe away credit card debts, medical bills, bad mortgages, foreclosure debt–and start over. After a bankruptcy, people finally have the chance to rebuild their credit and build their savings. When people don’t file a bankruptcy, yet are unable to pay their bills, their credit NEVER recovers. When they are able to save, pay off their cars, and so on, their old creditors always loom in the background, ready to strike with a lawsuit, garnish wages, freeze bank accounts, and so forth.

Filing a bankruptcy allows people to focus on their future and not worry about financial threats from the past. Do you live in Palm Bay, Florida and have questions about foreclosure, bad debts, creditor lawsuits, or garnishment? Please call us at Morgan Law, P.A., a Palm Bay, FL bankruptcy and foreclosure defense firm. We can be reached at 321-253-6223.

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If I File a Bankruptcy, Will They Take All of My Property?

One of the most common fears people have about filing a bankruptcy is that all their possessions will be sold in an auction and creditors paid with the proceeds.

The truth is that although bankruptcy is a legal process that occurs in the federal court system, state laws control what types of property and how much is protected when a bankruptcy is filed.

In other words, if you have lived in a state for more than the past two and a half years, the laws of that state will control what property is protected and which assets may be at risk. If you have not lived in your state for at least the past two and a half years, the laws of the state where you previously resided will typically be applied.

Different states have different strategies regarding what should be protected in a bankruptcy.

In Florida, homestead equity is given great protection. Retirement accounts are protected. Other types of personal property are protected to a dollar value of $1000.00 per person, with an additional value of $1000.00 available to protect equity in a car. If a person is not claiming the homestead exemption, an additional $4000.00 is available to protect personal property.

So a couple filing a Florida bankruptcy that has no equity in their home might be able to protect up to $12,000 of auto equity and other personal property, if they are filing jointly, and depending on whether autos are jointly owned.

Thinking of filing a Melbourne, FL bankruptcy? Considering a Deltona, FL bankruptcy? Call (321) 253-6223 or (386) 218-4973 for a free consultation! Visit us in Melbourne, Florida at SpaceCoastBankruptcy.com. Visit us in Orange City, FL and Deltona, FL at VolusiaBankruptcyLaw.com.

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