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Scott Orders Drug Testing For State Employees
March 23, 2011
Gov. Rick Scott signed an executive order on Tuesday that will require random drug testing of many current state employees as well as pre-hire testing for applicants.
“Floridians deserve to know that those in public service, whose salaries are paid with taxpayer dollars, are part of a drug-free workplace,” Scott said. “Just as it is appropriate to screen those seeking taxpayer assistance, it is also appropriate to screen government employees.”
The reference to taxpayer assistance referred to a push by Scott and legislative Republicans to require those who apply for state benefits under the Temporary Assistance to Needy Families program to submit to a drug test before getting benefits. That proposal (SB 556) was approved unanimously on Tuesday by the Senate Criminal Justice Committee. It has another stop before the Senate floor.
Under Scott’s proposed order, current employees in agencies that answer to the governor, would be subject to periodic random screening. The executive order signed by Scott says the tests would require testing of each employee “at least quarterly.” The random testing of current employees will begin in 60 days under the order.
“A better, healthier, more productive workforce is something taxpayers deserve,” said Scott spokesman Brian Hughes.
Effective immediately, any new hires in governor’s agencies would also be subject to pre-hire drug testing under the order.
State agencies are already allowed – though not required – to do pre-hiring drug screening under the Florida Drug-Free Workplaces Act. State officials couldn’t say Tuesday which, if any, agencies already do that.
State agencies, under that law, also can already require drug testing when there’s suspicion that a current employee is using illegal drugs, but courts have generally found that random testing of government workers who aren’t in jobs that affect public safety, such as bus drivers, or in security positions, amounts to a “search” by the government. Such searches must be “reasonable,” generally, and some courts have interpreted such requirements of ordinary government workers as a violation of the U.S. Constitution’s Fourth Amendment right against unreasonable searches.
In fact, almost immediately Scott’s order came under fire from the ACLU, which said that a 2004 federal court ruling in Florida on exactly this issue made at least part of Scott’s order unconstitutional.
In that case, U.S. District Judge Robert Hinkle ruled that the Department of Juvenile Justice was violating the Fourth Amendment in ordering random drug testing. Hinkle ordered DJJ to halt the random drug testing and pay the employee who sued, Roderick Wenzel, $150,000.
It’s not clear whether the DJJ ever did stop its random drug testing. A spokeswoman for the agency referred that question to the governor’s office.
Hughes, the Scott spokesman, said he didn’t know enough about the case to comment on what ever happened to the Wenzel case, or why it didn’t have a bearing on Tuesday’s order.
But the ACLU contends that random searches of all employees aren’t allowed.
“I’m not sure why Gov. Scott does not know that the policy he recreated by executive order today has already been declared unconstitutional,” ACLU of Florida Executive Director Howard Simon said in a statement. “The state of Florida cannot force people to surrender their constitutional rights in order to work for the state. Absent any evidence of illegal drug use, or assigned a safety-sensitive job, people have a right to be left alone.”
Hughes said Scott, obviously, believes otherwise.
“The governor has some of the best legal advisors available,” Hughes said. “This executive order is within his legal authority.”
Comments
39 Responses to “Scott Orders Drug Testing For State Employees”
Law Guy
Question,
wouldn’t NTEU vs. Von Rab go against drug testing of public employees unconstitutional?
In my opinion all this is moot just based off that particular case
Only a drug user would refuse to take a drug test…Roderick Wenzel refused to take a drug test.
Rick Scott owns a chain of clinics named Solantic, after “South Atlantic”. These clinics do drug testing.
He made a revocable trust in his wife’s name and turned it over to her in January.
Solantic charges $35 for drug tests. It’s time for Rick Scott to get his return for his campaign investment.
(laughter) Thanks, lawguy999, for bringing some facts and reason into this discussion. You may find,however, that those concepts are not always welcome here.
I do find it interesting that Scottie and his advisers seem unaware of the earlier ruling. I suppose, as a matter of pure politics, the gov and his bunch could at least point to their attempt and say “see, we tried but those mean old liberal judges wouldn’t let us”.
And you are correct about our governor’s resorting to the 5th amendment in his testimony. People should see the footage of that. For a bit, I thought I was watching Michael Corleone in The Godfather.
I know some people don’t want to hear this, but, we have this thing in the U.S called the Fourth Amendment that specifically prohibits what Scott is proposing. Employers, both public and private, can institute a drug testing policy and require their new hires to agree to it as a condition of employment. In such cases, the employees voluntarily agree to waive their right to privacy, and
once you’re hired, both parties are bound by that agreement. But you can’t change the rules later in the game. Contrary to what a lot of people think, the
State of Florida already has a comprehensive drug testing policy (it’s even written into the the Statues). However, that policy does not allow for RANDOM testing and that is the crux of the issue. Changing the policy in mid-stream for existing employees is a breach of contract at best; at worst it is a violation of the Fourth Amendment. That’s not my opinion, that’s the judgment of the Federal District court when a state agency tried to do the same thing in 2004. The employee in involved sued the state and walked away with a $150,000 settlement. Apparently Scott wasn’t aware of that case when he signed the order. How does a $150,000 settlement times 100,000+ state employees sound to you? That’s what Scott is
setting the taxpayers up for. However, he does seem to know a few things about Constitutional rights, after all, he plead the Fifth 75 times …..
Scott needs to focus on creating jobs in Florida now and stop concentrating on drug tests, teachers union rights etc. This does nothing to improve jobs for Florida!!!!!!
Sure seems like Scott is doing this mainly to put money in his friends pocket. In the past 20 years I have worked for 3 companies, all required drug testing, and at 2 of the companies we did drug testing for other companies. The standard for all was a pre-hire test then a random test at least annually, not quarterly like Scott wants. Drug test aren’t given for free, and giving state employees a random test every 3 months will be putting a lot of taxpayer money in the hands of the companies doing the test.
Who is against state employees being drug tested? Nobody. Not even state employees. But people sure do assume that state employees are against it, and somehow think that there is a sudden need for state emplyees to be drug tested. All this is, is a clever campaign by rick scott to turn public employees into the enemy. And people are mindlessly buying into it.
@ safebear:
just a taste— “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.”
if that doesn’t state that our rights are God-given, I don’t know how else to explain it to you-
I never consented to have my rights as a free individual trampled in the name of an ill-advised & non-productive “war on drugs” or anything else…
if you would give up your God-given rights for a paycheck, then you never were a truly free individual— only persons whose work directly involves public safety, or whose on-the-job behavior causes or foreshadows imminent danger should be asked to consent to any unwarranted search of their persons, domicile, or bodily fluids
we are headed down the road to a police state, and apparently some people are all to happy to drive the infernal car
gravy train deluxe for both the companies that do the testing and the companies that manufacture the tests. yes siree…scott is a golden boy when it comes drummin’ up business for his best buds…never mind if you feel humiliated or somewhat disgusted by peeing in a cup for some stranger. i mean why stop at students being randomly tested that want to play sports etc.? why not drug test everyone if they want a gosh dog social security card for god sakes? not valid til you get tested and pass. why not?
ACLU supporters, I have nothing on my computer that the goverment doing there job to make sure we are safe cannot look at. But if you vist a lot of the real sick sites then you would need the ACLU. Are doing something wrong, then you need them. Form the Hardware committee.
This is nothing new. I am a state employee and have always had to take a test so I could work hard for the takers.
But now it looks like the “takers” will have to share the cup LOL!
Ok, now here’s my question…..if it’s unconstitutional to drug test any of them unless you have reason to suspect that they are on drugs, WHY is it not unconstitutional to drug test students? They’ve done nothing wrong. I can understand testing if something happens, but just because? Unless of course you want to say that there’s reason to suspect drug use simply because they are teenagers which would be one of the most asinine things I’ve ever heard in my life.
People who blindly criticize the ACLU are usually doing so out of ignorance or because their buddies down at the hardware store approve of it.
I certainly disagree with a lot of positions the ACLU has taken over the years but it is easy to find situations where they supported Christian rights. The real problem we have with them is they don’t always march to the beat many of us want them to.
I agree with your stance, debugger. I hear people crying for testing and I wonder. Would it be advisable to just test everyone? If we are in favor of testing private employees, government employees, aid recipients and unemployment benefit recipients, let’s test Medicare and Social security recipients as well. They are collecting money from government programs.Then, heck, we already have most people, so let’s toss in a few more dollars and test everyone. I mean drugs are against the law, right? So all should be glad to be tested.
Oh, wait! Some of our citizens are gonna say “Hey, I don’t use drugs, you should test everyone but me”. And the next step will be “since drug dealers often launder their money, let’s have one of those financial chips implanted so we can keep track of the outlaws and good people can buy and sell.”
Then when Satan”s gang starts handing out the Mark, folks are not gonna resist. They are gonna line up for it, all the while clamoring how it’s in the name of Righteousness.
Oh man…
First, drug testing is reasonable, and a recognized ‘fair practice’… being free of illegal drugs is known as a BJR (Bonifide Job Requirement) and has been so
since the early 70’s. Any HR department can implement such a policy, and it has been this way for years… can’t discriminate on age, gender, race, or religion.. but drug testing has been OK for years.
Second, the ACLU is very selective in the cases they take. They are not in any way impartial as the earlier poster suggests…
One of the principals of the real republican party is personal accountability/responsability. Drug testing is absolutely consistant with that principal. Always has been.
Want to do drugs? Fine, BUT my tax dollars do not need to go to support your habit.
I don’t see why a public sector employee would think they are any better that a private sector employee. If I expect to keep my job, I am expected to submit to random drug testing. I’ll fill up a cup every morning at the gate, if thats what it takes to make that turnstile rotate. Anyone who thinks a doper can be safe and/or productive is living in a dream world.
In addition if any deadbeats want to live off our tax dollars, hand them a cup too. Better yet, just do away with the unlimited hand outs. Hunger is a great motivator.
Awesome!! Can’t wait until welfare recipients have to drug test, too. THAT would save ALOT of money!!
I guess the state has money for what the governor wants to spend it on! I am sure he will volunteer for drug and alcohol testing. I wonder who owns the company that will do the testing. Common working people are in for a long hard road.
For those of you bashing the ACLU, they are there to protect your civil liberties, and they don’t discriminate. They have often fought for religious organizations , Christians as well.
I personally feel the ACLU is the only thing saving America now days. Republicans were supposed to be for less government controlling your life and here we are with them invading your personal life at work .
Lets test gov. scott first.
I thought the state was broke….Who cares, I thought we were a free country if it does not hurt me I dont care what you do….FREEDOM
deBugger: so the Declaration is the new Bible? God did not write the Declaration of Independence and those rights are not God-given.
I’m all for random testing, so many other places of employment do it and I’m even more so for the testing of people who are going to receive state/government money. I have to be drug tested for my paycheck, they should be too.
We are tested at the county level, and I have been waiting for the day that the welfare recipients are required to do the same to receive a check. Its only fair, if you have a problem with it, go and get another job.
Oh, and I certainly hope Ricky & his staff will be among the first to voluntarily submit to drug testing, by way of showing “good faith”, and that all our state legislators (and their staffs) will follow suit.
I have been drug tested in every private sector job that I’ve had in the last 20 years! Companies that have to make a profit were forced to do this as a matter of course.
I immediately suspect anyone who disaproves of it.
Right. Drug test EVERYONE, and while you’re at it, take samples of EVERYONE’s DNA, & don’t forget to implant the ID chips under the skin.
No one needs their God-given Rights or Freedoms (look ‘em up, they’re all there in the Declaration of Independence & the Constitution) anyway, and you shouldn’t be alarmed when they start just walking into your home & inspecting you @ the Governor’s insistence ( who, BTW, is a TOOL of the Global Corporate Power Structure).
Some of you people are incredible.
Liberty for Security? Universal Punishment? What a world you’re building for your children & their children’s children.
Outstanding!
What a great step! I hope this would (as an earlier poster said) be applied to those who receive public assistance also.
Thanks Gov! Common sense solutions!
If you really want to cut cost: follow fish621 advise;
“drug testing for anyone getting goverment assistance, welfare, foodstamps”
positive- cut out their free money and make them get a job!!
Scott is targeting working people..try looking at others that do not WORK and never has held a job or contributed their part into the government. Save money, TEST THEM
bigbill, I agree the Gov is on the right track with random drug testing.
ACLU = A Cult Lucifer Uses
It is shoore a testament to how many people in this county are on drugs
when everyone screams blue blazes every time drug testing is even mentioned
hahahaha
No ones tests are public record. Why would Scott’s have to be?
Will Mr Scott be tested as well at random with the results published for us to see? Otherwise, who is paying for the tests on state employees, tax payers? And if so, how is that helping anything
O sure do agree with fish and danielsgirl Everyone of those should be tested and county shgoiud be tested also why would any public servant not be tested? Every drug user knows how to beat a pee test so a hair test should be used or
it is a waste of time and money
I work for the department of corrections and we have been getting tested since I started there 6 years ago. It was required for hire and has been random since then. (unless there was suspicion that someone needed testing and then they were tested) I fully agree that testing should be done, just the same as I think it should be done for hospital workers, teachers, anyone in a public service job. I have no problem being tested, I don’t use drugs. I also don’t want someone who does use drugs to come to work one day under the influence and not be able to perform their duties and have myself or another co-worker get hurt of killed. I don’t want to literally trust my life to someone who is on drugs.
there cutting jobs and tryig to take away my benefits because the state dose not have the money and now they want to spind it on drug testing evey one i work with will pass so thats ten people the money will be wasted on.
Now if they will just start testing those who receive entitlements.
Test away, I know I am good to go, but I don’t know that the State employee working right next to me would pass, might be a good way for the State to cut cost and jobs. Private companys drug test, why should we as state workers be any different. State University , Faculty and Staff and all new hires should be checked for drugs and alcohol abuse, I don’t like working next to someone that reeks of last nights hangover either. I must agree with the Governor on this one and drug testing for anyone getting goverment assistance, welfare, foodstamps.
I get drug tested to earn my money. Why shouldn’t those who use or get paid with my money be tested also?
“I’m not sure why Gov. Scott does not know that the policy he recreated by executive order today has already been declared unconstitutional,” ACLU of Florida Executive Director Howard Simon said in a statement.
Well, I’m not sure why the aclu does not know that drug use is illegal.
aclu = american criminals and liberals union