Orlando Sentinel

LOCAL:

- By Jeff Weiner

The Florida Department of Correction­s is facing a lawsuit over its failure to provide its plans and procedures for protecting the state’s prisoners from the virus to the Southern Poverty Law Center, a nonprofit legal advocacy group.

The Florida Department of Correction­s is now facing a lawsuit over its failure to make public its plans and procedures for protecting the state’s nearly 96,000 prisoners from the new coronaviru­s.

The suit, filed Thursday by the Southern Poverty Law Center in Leon County circuit court, alleges the FDC has yet to provide records the nonprofit legal advocacy group requested in late March.

“While FDC has acknowledg­ed our request, it has provided very little informatio­n about its policies and procedures to deal with COVID-19,” said Shalini Goel Agarwal, senior supervisin­g attorney for the Florida SPLC, in a statement. “The law does not allow FDC to respond when it feels like it because of the pandemic; because of the pandemic, FDC must comply now.”

According to the suit, the SPLC on March 20 requested, “All plans, policies, and procedures implemente­d by the Flor

ida Department of Correction­s since November 1, 2019, relating to ‘Novel Coronaviru­s 2019’ or ‘COVID-19.’”

The group also asked for documentat­ion of positive test results for COVID-19, the disease caused by the virus, in FDC facilities.

As of Friday afternoon, the FDC was reporting 1,033 positive tests among inmates and 231 among staff. Nine prisoners have died of COVID-19. An unidentifi­ed FDC spokespers­on in an email Friday said the agency had not yet been served with the lawsuit.

Since the pandemic began, the FDC has been slow in releasing informatio­n about the spread of the coronaviru­s in the state’s prisons.

For weeks, data showing how many inmates had been tested, at which facilities and the results was not made public, despite repeated requests by advocacy groups and news organizati­ons, including the Orlando Sentinel.

The FDC also refused to reveal which prisons housed inmates who had died, citing “privacy concerns,” though, after requests by the Sentinel and its attorneys, the health department released the informatio­n.

According to the SPLC lawsuit, in an April 13 phone call, the FDC said it was “uncertain as to when it would be able to provide a complete response to SPLC’s request, as FDC was ‘overwhelme­d’ with requests.”

The Sentinel has also requested the FDC’s coronaviru­s plans, among other unfilled public record requests. Florida’s broad public records laws generally require records be made available without delay, other than the time needed to review them for exempt informatio­n.

The lawsuit asks a judge to require the FDC to immediatel­y produce the records the SPLC requested.

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