Appeals Court (Maybe?) Sides With Rick Scott on State Employee Drug Testing | The Daily Pulp | South Florida | Broward Palm Beach New Times | The Leading Independent News Source in Broward-Palm Beach, Florida


Appeals Court (Maybe?) Sides With Rick Scott on State Employee Drug Testing

This is obviously why it takes three years to get through law school: the courts are whack as hell. Case in point, today's decision coming out of the federal appeals court on whether Rick Scott can pee-test state employees for drug use. Following the announcement, both sides of the dispute are claiming victory. But WHAT DOES IT ALL MEAN?

Scott originally pushed for drug testing back in 2011, when he issued an executive order that would subject the state's 85,000 employees to testing. The order was challenged, and last year a US District Court judge swatted down the order. Such testing was a unconstitutional search under the 4th Amendment -- that was the call.

But today's order finds differently. The appeals court said that Scott couldn't force random testing on state employees. But the lower court was wrong to shoot down the order by questioning its constitutionality. Testing could be done without such a violation. Today's turn sends the issue back to district court, where the Vegas odds on the issue being settled in a clear and simple fashion are about as good as a blizzard hitting South Beach tonight.

The governor's office shot out the following statement:

"Many Floridians are required to take drug tests in their workplace and it is only right for state workers paid with taxpayer funds to be required to do the same.

"The Court did the right thing today by reversing the injunction on our executive order for drug testing state employees. We will go forward in arguing this case in both the appellate and trial courts in order to ensure that taxpayer funds are safeguarded from misuse by ensuring our state workforce is drug free."

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Kyle Swenson
Contact: Kyle Swenson

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