Politics

Scott Signs Worker Drug Testing Bill

By: Jim Saunders News Service of Florida | Posted: March 20, 2012 3:55 AM

In a move that likely will draw a constitutional challenge, Gov. Rick Scott on Monday signed a controversial bill that would allow random drug testing of state employees.

Scott, who prompted a federal court fight last year when he issued an executive order to begin drug testing, quietly notified the secretary of state at 5:10 p.m. that he had signed the bill.

The Republican-dominated Legislature overwhelmingly approved the measure, HB 1205, this month, with supporters saying the private sector already uses such programs to improve safety and worker productivity.

"I've had a drug-free workplace for more than 20 years,'' Sen. Jack Latvala, R-Clearwater, said before a vote on the final day of the legislative session. "I believe that it has contributed to higher quality employees."

But legislative opponents and groups such as the American Civil Liberties Union of Florida argued repeatedly during the recently completed legislative session that the idea would violate state employees' constitutional rights.

"We're talking less personal freedom without probable cause,'' Sen. Chris Smith, D-Fort Lauderdale, said during the debate. "This is more government intrusion and more costs."

The bill would allow, but not require, 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 work force.

Also, agencies would have to pay for the tests out of their overall budgets, which would help prevent additional costs to the state. The law takes effect July 1.

Scott issued an executive order last year to start employee drug testing, but the order is largely on hold because of a court challenge. The Department of Corrections has continued with drug testing during the challenge.

Supporters dismissed arguments that HB 1205 would violate workers' constitutional rights. But the legal fight likely will center on whether government agencies have the right to conduct "suspicionless" drug tests of workers.

A House staff analysis said that some of the issues that "may be arguable are whether the suspicionless drug testing of public employees or job applicants contravenes reasonable expectations of privacy and whether the government has a special need for such drug testing that outweighs the privacy interests of such employees and applicants."

Comments (3)

Frank
1:22PM MAR 20TH 2012
Clearly more need for a Florida Constututional amendment that removes politicians sponsoring or approving unconstitutional laws, if for no other reason than voilating their oaths of office to uphold Florida's Constitution - last I looked, it included a right to privacy. Can I test you, Governor, whenever we feel it necessary? Or you, Legislature? Oh, that's right, you voted down that proposed requirement - HYPOCRITES!
Andrew Nappi
8:49PM MAR 20TH 2012
Frank, the reason this bill advanced has nothing to do with a drug free workplace. Any state employee who has occasion to drive a state vehicle, operate machinery is already subject to random testing. This bill is a sop to the GOP base whose unemployed who hold a grudge against state employees for having a job. The Governor rode the wave of anti state employee hysteria that still grips Florida based on other states' predicaments with unions that actually wield influence. Such is not the case in Florida, a right to work state. This bill is nothing less than a vestige of that class warfare ginned up last year. If there was an ounce of sincerity to this. the legislature and the governor would set the example by being first in the specimen line. As with all elitists, they are in full do as I say, not as I do mode.
As a condition of employment going in, one can accept or refuse drug testing depending on whether or not one wants the job.
This Governor is the biggest hypocrite the mansion has seen in decades. He claims to oppose the President's big government initiatives, but both he and the legislature sold last years "teacher merit pay" as another slap at public employees. What they didnt tell their base was that the merit pay bill was necessary to comply with Obama's RACE TO THE TOP program which was worth over seven hundred million to the state. He has also proclaimed Obama Care is not the law of the land, yet he has accepted several million dollars from this very same program for Florida already.
Rick Scott is, like the legislature, a progressive Republican who knows what buttons to push on his base to redirect them while he and the legislature practice cronyism and self aggrandizement. If Rick Scott peed in a cup with a swollen prostate, it would still be more than enough to wash away the entire amount of ethics and integrity in the mansion and the legislature.
Joe
11:50PM MAR 20TH 2012
I just wanted to than the previous posters for sharing their thoughts on this subject. It does make a difference for those of us who vote for progressive changes to read smart comments like yours listed here. Keep up the good work and please always vote and get people you know to vote. Large voter turn out is the worst fear for the repub party and that should tell you all you need to know about this crew. Take care

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