Anticipating a legal challenge to the new law requiring random drug testing of state employees -- and with a lawsuit against an executive order on the same topic still pending -- Gov. Rick Scott issued a memo to state employees late Tuesday putting off testing until last year's lawsuit is resolved.
"While the case is pending it does not make sense for all agencies to move forward with the logistical issues involved in instituting the new policy," the memo states.
The new policy -- which requires random testing of 10 percent of the work force every three months -- will, however, be applied to the Department of Corrections, where random testing is already in place. That department's experience "will help further inform the best method of proceeding," the memo states.
Meeting with reporters earlier after Tuesday's Cabinet meeting, Scott joked with reporters that he seems to invite lawsuits, before getting serious about the law and adding, I think its the right thing to do for the state.
"This is the goal, to make sure we have a qualified work force. It's not a focus on what government's role should be," Scott said.
Scott quietly signed the new law, HB 1205, late Monday.
Scott attempted a similar effort through his executive order a year ago but backed off after being challenged by the American Civil Liberties Union.
Speaking before Scott's announcement delaying the testing, Attorney General Pam Bondi said she expects to have to defend the new law in court.
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 that violates the Fourth Amendment.
Howard Simon, executive director of the ACLU of Florida, said he wouldnt be surprised if the law allowing for suspicionless searches of state government workers is challenged.
Its amazing that the governor and the Legislature would move ahead with a law that so clearly violates the constitutional protections against invasive government searches without suspicion especially while a legal challenge on precisely the same issue is pending in the federal court, stated Howard Simon, executive director of the ACLU of Florida, in a release.
The governors preoccupation with pushing the limits of government searches is a costly legal gambit for taxpayers and makes a mockery of established constitutional law. But it says a great deal that, after being such a cheerleader for invasive drug testing, the governor signed this bill so quietly -- almost in secret.
When -- or if -- the new law takes effect, 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, the state has notice and procedural requirements for the drug testing of both public and private employees of contractors for the state.
Agriculture Commissioner Adam Putnam said his department will comply with the law, echoing Scott that many private employees require the same from their workers.
Scott said he has required those directly under his supervision to take a drug test as a term of employment.
Secretary of State Ken Detzner noted that he had to pass a drug test before taking office last month: I passed.
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.
