Rick Scott to Decide on Random Drug Testing for State Employees

State employees would face the chance of being randomly drug tested once every three months under a bill, SB 1358, the Senate approved 26-14 Friday.

The bill would also remove provisions that currently prohibit a state agency from firing an employee for failing the test. Employees who fail a test and are required to participate in an alcohol or drug rehabilitation program would have to pay for their treatment.

We go to great lengths to make sure that nobody smokes any cigarettes inside this building, or any state building, Sen. Steve Oelrich, R-Gainesville, said in support of the bill. Somehow we want to say that smoking cigarettes is awful, but we dont test anybody for drugs?

Despite several senators saying lawmakers should be included among the 10 percent that would be randomly tested once a quarter, the Senate didnt move to add its members to the bill.

Whether its an electrician or wildlife officer, I think we should have to be subject to the same thing if we are preaching it to our children, preaching it to our schools, and were preaching to our workplace, said Sen. Mike Bennett, R-Bradenton, who still voted for the bill

The bill now goes to the Gov. Rick Scott for approval.

The House approved the bill 79-37 on March 2.

Critics have called the bill an invasion of individual rights because employees would have to disclose all medication they are prescribed to take as part of the testing.

Sen. Joe Negron, R-Stuart, in voting against the bill, said he hasnt run across drug-addled state employees.

Also, a drink or two the night before could turn up in a drug test, which would go on an employees record and potentially require rehab treatment, he said.

Your urine and your blood are extremely personal bodily fluids, Negron said. The police cant come and take your urine without getting a search warrant.Why would we ask employees to voluntarily hand this over with no suspicion whatsoever?

State economists could not offer estimates on how much the testing could impact the budget because it would be up to department heads to decide if their agency participated in the program.

Under the bill, each state agency would 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.

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.