TALLAHASSEE, Fla. (CBSMiami.com) – Florida Governor Rick Scott will not appeal a court ruling that scuttled the administration’s plans to privatize prisons in South Florida.

Circuit Judge Jackie Fulford ruled last month that the plan was unconstitutional because it was passed as part of the state budget.

However, it would not violate the constitution if it was passed as a part of the state budget.

The act had been challenged by the Police Benevolent Association, which represents prison guards.

The proposed change could still have legs if the GOP-controlled legislature passes it in a different form in January.

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