Random Drug Testing of State Employees Rejected in House

Random drug testing of state employees --an effort Gov. Rick Scott sought to impose after he was inaugurated last year --failed to receive the backing of the House Committee on Appropriations on Wednesday.

Committee members, even some who voted for the bill, expressed concerns about the constitutionality of conducting drug testing without cause as a condition of state employment.

Rep. Jimmie Smith, R-Inverness, sponsor of HB 1205, expressed his belief that the bill would have survived any constitutional challenge.

Were trying to save millions of dollars privatizing prisons; the best way for us to fight the drug culture is to take the steps and do things like this, Smith said.

If you can drug test a student that is not around a weapon or anything dangerous, or simply playing extracurricular activities that include chess, I have no doubt that a government employee whos dealing with the lives of the people will be a greater need for safety.

The bill would have required up to 30 percent of state employees to submit to random drug testing once every three months.

Currently, the state has notice and procedural requirements for the drug testing of both public and private employees of contractors for the state.

Under the bill, each state agency would have had 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.

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.

Scotts decision to halt the drug-screening plans didnt affect the Department of Corrections, which already drug tested prospective and existing employees.

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.