The governor says he will appeal a federal ruling that declared it is unconstitutional to randomly test people on the state payroll for drug use.
Gov. Rick Scott, whose executive order was under question, noted the ruling does not include new hires and he will contest the decision by U.S. District Judge Ursula Ungaro in Miami.
Ungaro, in a 37-page order signed Wednesday, declared Scotts executive order from March 2011 calling for the random drug testing of state workers a violation of employees' Fourth Amendment rights under the U.S. Constitution.
The requirement for random drug testing, which Scott implemented last year, has been on hold since last June after the order was challenged by the American Federation of State, County and Municipal Employees Council 79.
In a statement Thursday, Scott disagreed with Ungaros ruling.
As I have repeatedly explained, I believe that drug testing state employees is a common-sense means of ensuring a safe, efficient and productive work force, Scott stated. That is why so many private employers drug test, and why the public and Floridas taxpayers overwhelmingly support this policy. I respectfully disagree with the courts ruling and will pursue the case on appeal.
In her ruling, Ungaro declared that Scott had failed to justify the need for the tests.
In the present case, the court searches in vain for any similarly compelling need for testing, Ungaro wrote. The (executive order) does not identify a concrete danger that must be addressed by suspicionless drug-testing of state employees, and the governor shows no evidence of a drug use problem at the covered agencies.
Challengers to the law, which also included the American Civil Liberties Union of Florida, declared victory with Ungaros final order, stating that the governor needed to have more of a reason to implement drug testing than simply being against drugs.
With her order today, Judge Ungaro has protected the privacy and personal dignity of tens of thousands of Floridas best and brightest -- our state work force, stated Alma Gonzalez, special counsel of AFSCME Council 79, in a release.
There never was any evidence that state employees used drugs more than any other group, so this was a case of using hard-working state employees to score political points.
Scott has also placed a hold on a state law, HB 1205 he signed March 19, that backed up the order, requiring the random testing of 10 percent of the work force every three months.
The governors office did not respond to a question about how the ruling will impact HB 1205.
However, the ACLU, noting that the governor cant demand that people surrender their constitutional rights for the privilege of working for the state or receiving some other government benefit, wrote they are prepared to challenge the law.
If the state moves ahead with drug testing applicants for state employment in what is clearly an unconstitutional policy, they will just be inviting another costly, taxpayer-financed legal challenge, Howard Simon, executive director of the ACLU-FL, posted in a release on the organizations website. Florida leaders appear to have a hard time understanding that the government cant search people just because a politician thinks it will be popular.
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.
