Florida Judge Rules Gov. Scott’s Random Drug Testing of State Employees Unconstitutional

Monday, April 30, 2012
Gov. Rick Scott
Florida Governor Rick Scott’s mandatory drug-testing program for state workers, created by executive order, has been thrown out by a federal judge.
 
District Judge Ursula Ungaro found no compelling justification for the plan, which amounted to an unreasonable search and seizure, she ruled.
 
Scott failed to “identify a concrete danger that must be addressed by suspicionless drug-testing,” Ungaro wrote, adding there was “no evidence of a drug-use problem at the covered agencies.”
 
Drug testing began in March 2011 for about 80,000 state employees who work for agencies that report to him. The program halted three months later when a lawsuit was filed challenging the legality of the requirement.
 
The governor disagreed with the ruling and plans to appeal.
 
While the program awaited a ruling in court, the legislature adopted legislation this year allowing agencies to drug test all state employees…except elected officials.
 
The new law goes into effect in July, but it does not include funding for the drug testing, meaning that any agency that wants to pursue the testing will have to cut its budget somewhere else. Civil libertarians plan to challenge this law in court as well.
-Noel Brinkerhoff
 
To Learn More:
State Worker Drug Tests Struck Down in Florida (by Lizette Alvarez, New York Times)

Florida Becomes First State to Drug Test Public Employees…Except Elected Officials (by Noel Brinkerhoff, AllGov) 

Comments

tom moody 12 years ago
i've been a heavy equipment operator for 40+ years and have been fired for marijuana use 6 times due to piss tests. four of these times my bosses commented that they hated to loose me, but that was the law. i've had oilers comment that i ran my machine better when i smoked than when i didn't, as well as some bosses. i've never been fired because pot effected my performance; only because "it' against the law".
George Norman 12 years ago
now we need to put a stop to random testing in the private sector. employers expect their employees to clock out for their lunch break. they won't give up half an hour so the people who are busting their butts and making their company a success, can eat lunch. these same employers give their employees random drug test, that test not only time spent on the clock, but an employees time off the clock too. they are paying the employee for eight hours and getting sixteen for free. this is a violation of the fair labor and standard act. if an employee is not completely relieved of duty and free to do as they choose, this is still considered hours worked and therefore need to be paid for their time. hundreds of employers have ignored this fact and gotten away with it for so long now that it is seen as the norm and acceptable. they need to limit the time their test detect or be billed for all of the time that is controlled by their company policy.

Leave a comment