Gov. Rick Scott Signs Law to Drug Test State Workers

Gov. Rick Scott on Monday signed HB 1205, which would require 10 percent of state workers to submit to random drug testing once every three months, the governor's office announced Monday night.

The bill would also remove provisions that currently prohibit a state agency from firing an employee for failing the test.

The law goes into effect July 1, the start of the next fiscal year.

The bill does not require state lawmakers to be tested. State economists could not offer estimates on how much the testing will impact the budget.

Under the bill, each state agency will have to revise its rules to handle those who fail drug tests, from reassigning employees as they participate in assistance programs to how they can be discharged.

Currently, correctional officers are required to undergo drug testing, and the state has notice and procedural requirements for the drug testing of both public and private employees of contractors for the state.

Last year, shortly after taking office, Scott issued an executive order requiring all agencies to develop a plan for drug testing employees.

However, in June he backed off implementing the policy after the American Civil Liberties Union of Florida filed suit contesting the constitutionality of random drug testing for state workers on privacy grounds.

The ACLU of Florida has noted that courts have found that government-mandated drug tests -- without suspicion or special safety considerations -- are an illegal search in violation of the Fourth Amendment.