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State Worker Drug Tests To Wait Until Legal Fight Ends
March 23, 2012
After Gov. Rick Scott signed a controversial law that would allow state-worker drug testing, his administration said it will hold off on starting the tests until a legal battle is resolved.
Jesse Panuccio, Scott’s acting general counsel, sent a memo Tuesday to agency heads and lawyers citing a federal lawsuit that opponents filed last year after the governor tried to impose drug tests by executive order.
That lawsuit, which remains pending, led to Scott suspending the tests in June 2010 except for the Department of Corrections. It remains unclear when a judge in Miami will rule on the constitutionality of the tests, but the ruling also would have implications for the new law.
“Because the legal case remains unresolved, the practical and logistical issues involved with implementing drug testing across all agencies remain the same,” Panuccio said in the memo, which was sent to reporters after 6 p.m.
The memo said Scott remains confident in the constitutionality of drug tests and that once “the lawsuit is resolved in the state’s favor, the governor will direct agencies to implement” the executive order and the new law (HB 1205).
Earlier Tuesday, the American Civil Liberties Union of Florida blasted Scott for signing the law. The ACLU has helped lead the challenge to the executive order and made it clear during the recently completed legislative session that the new law also would be challenged.
“(When) this matter lands in the courts, we expect they will make it clear once again that government cannot subject people to suspicionless searches just because it wants to,” ACLU Executive Director Howard Simon said in the statement. “People do not lose their constitutional rights just because they work for the state of Florida.”
The new law, which was overwhelmingly approved by the Legislature, would allow agencies to conduct random testing every three months. Agencies would use a computer system to choose employees to be tested, with the total not exceeding 10 percent of the agency workforce.
Lawmakers did not require drug screening and also would make agencies pay for the tests out of their overall budgets. But Scott made clear Tuesday that agencies under his control would conduct the tests.
“I think it’s the right thing to do for the state,” he said. “Just like a private company, we want to have a productive workforce.”
The law doesn’t take effect until July 1. But Panuccio’s memo said Scott is prepared to defend the executive order and the law at the appellate level, which could signal the possibility of a lengthy fight.\
By The News Service of Florida
Comments
7 Responses to “State Worker Drug Tests To Wait Until Legal Fight Ends”
Well if the state wins, then the lawyers are going to have a field day suing , all the private companies that have be violating our constitutional rights for years! Well I hope they hurry up and approve it, so we can move on to drug testing those who are abusing our welfare system.
I work for the state. I promise you I can’t afford to buy drugs. Let’s waste more money Rick. When was the last time your boss took 3% out of your pay? TAKE my 3% TAKE my pee what’s next?
Great health plan and 401K, where do you live? They have a crappy health plan, an HMO because it is cheaper, and they pay outrageous fees for drugs and services.
Their retirement comes out looking like 1/2 of 1% of the highest salary in their last 5 years of employment? Think about that and if you can live on that. The state as always had the ability to drug test it’s employees. Normally they are smart enough to have cause. Even the companies you work for should have cause. The State is government and government should never have the right to take your blood or your urine to do anything with. I say if they want to drug test the employees then lets just drug test everyone who lives in Fla at your own expense. Yeah that is the ticket, TEST everyone!!
Richie:
Your statement that “…if the tax payers have to pay for people to be employed or pay for them to be on welfare, etc. then everyone of them should be drug tested” is based on a false assumption that keeps getting repeated by conservative republicans ad nauseum. And here’s why:
They aren’t YOUR TAX DOLLARS! It is THE GOVERNMENT’S MONEY. Why can’t you people get that simple idea through your heads?
When the government takes money from you in the form of taxes it is
a. no longer your money so you have no claim to it
b. not required to account for the way it spends that money to YOU or anyone else!
It’s so simple my 8 year old understands it. Why do grown conservative republicans seem to not be able to grasp such a simple concept? Stop referring to YOUR TAX DOLLARS and MY TAX DOLLARS! It isn’t your money!
right on richie! just like scott said, “I think it’s the right thing to do for the state,” he said. “Just like a private company, we want to have a productive workforce.” well, duh! so let’s start with you, scott, and then let’s please, for the good of the state, drug test every last politician.
I believe if the tax payers have to pay for people to be employed or pay for them to be on welfare, etc. then everyone of them should be drug tested. When they come up positive for drugs then they should given 1 chance to rehap at their expense. Then if they come up positive again, then terminate employement and welfare benefits. That is what whould happen to regular workers. I also believe all politicians should be drug tested every year and if found positive they should loose their position and any retirement that position may pay.
So it is unconstitutional to drug test a state of Florida employee, with a great 401k and health benefits? and it is not unconstitutional to drug test someone working a min. wage job, struggling to make ends meet paying a 1/4 of their check toward some crappy HMO. Where’s the logic in this? Most employers have to drug test to keep their insurance overhead down… I believe drug testing SHOULD start at the state level of employment, on down. If it’s good for everyone else out there trying to make a living, it’s good for state employees as well.
Once this gets implemented Scott should also work on a law to ban buying snack foods on the job for state employees. hahaha… This state and its “laws” are a joke.