Gov. Rick Scott appears to back off slightly from the implementation of his long sought-after policy of drug-testing state workers, but says he is still committed to the policy.
In a memo to state agency heads dated June 10, Scott cited a lawsuit brought by the American Civil Liberties Union of Florida as a reason to slow down the implementation of the policy for all agencies under the control of the governors office. The ACLU filed suit on May 31, contesting the constitutionality of random drug-testing for state workers on privacy grounds.
Scott told all agencies under his office except one -- the Department of Corrections, which already drug-tests most prospective and existing employees -- to temporarily halt their drug-screening plans. Scott had originally issued an executive order shortly after taking office, calling on each agency under the purview of his office to develop a plan for drug-testing their employees.
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, Scotts memo reads in part.
Since the DOC already tests the vast majority of its employees -- only 6,000 administrative employees of the department's 27,000 workers are exempt -- the agency was further along than other agencies in developing a drug-screening plan. Still, the DOC will look into state statutes, which already allow law enforcement officials to be tested, to see how best to expand current drug tests for probation and parole officers to the rest of their work force.
Were in the process of developing the protocols and putting the plan together, said DOC public affairs director Gretl Plessinger.
Plessinger added that there is no specific timeline for expanding the drug tests, but after the plan is adopted, it will take another 60 days before the new tests can begin. According to Plessinger, the DOC conducts about 3,500 tests per year, at a cost of around $30 per test.
Scotts memo states that he is trying to coordinate drug-screening efforts among agencies in order to get the lowest cost possible
"Every agency has to do it a little bit differently, so we decided to go forward with (DOC) first," Scott said during a press conference Thursday.
Scott maintained that he doesn't think the ACLU lawsuit will stand up in court and he is on solid legal ground to test state workers.
"Look, the private sector does this all the time. Our taxpayers expect our state employees to be productive, and this is exactly what the private sector does. It's the right thing and we're going forward," Scott said.
The tests for state employees are not the only drug-screening policy of Scotts that is having an awkward implementation process.
Scott signed a bill last month requiring state welfare recipients to pass a drug test before receiving benefits. The Department of Children and Families, the agency tasked with enforcing the new law, is drafting rules that prompt handlers to forward any recipient of Temporary Assistance for Needy Families that fails a drug test to the Florida Abuse Hotline. The recipient could then be subject to a child abuse or neglect investigation.
The rules are still in draft form, but Scott said he will need more information before taking a position on the rules.
Ill have to look at it, I havent seen that rule yet, Scott said.
Scotts spokespersons stressed that he is not backing down from his policy of drug-testing state workers, and the current delay in waiting for the outcome of the ACLU lawsuit is merely a hiccup in proceeding with the tests.
The intention is for all agencies to move forward, Scott spokesperson Brian Hughes said.
Reach Gray Rohrer at grohrer@sunshinestatenews.com or at (850) 727-0859 begin_of_the_skype_highlighting (850) 727-0859 end_of_the_skype_highlighting.
