• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
    • Privacy Policy
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2024
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Gov. Scott Ends Worker Drug-Testing Crusade, Restricting Tests to Limited Job Classes

April 20, 2015 | FlaglerLive | 2 Comments

Gov. Rick Scott closes the outhouse of suspicion. (Todd Petrie)
Gov. Rick Scott closes the outhouse of suspicion. (Todd Petrie)

Ending a four-year legal battle that cost taxpayers at least $675,000, Gov. Rick Scott and lawyers representing a state workers’ union have agreed on the types of Florida government employees who can be forced to undergo suspicionless drug tests.


Lawyers for the American Civil Liberties Union of Florida, which represents the workers, and Scott haggled for more than a year over which employees can be subjected to random drug testing after an appellate court found that Scott’s blanket drug-screening policy violated constitutional protections against unreasonable searches and seizures by the government.

Under a settlement agreement filed Monday in federal court, the state agreed to pay the ACLU $375,000 in legal costs for the drawn-out litigation and to limit the drug tests to about 7,000 workers in 157 different job classes, a fraction of the 34,000 employees Scott’s blanket policy was intended to cover. The agreement applies to the union’s collective bargaining units, which include employees who are not dues-paying members, and job applicants.

Scott, whose drug-testing push also included an attempt to require applicants for welfare benefits to submit to urinalyses, issued an executive order requiring all state workers to undergo random drug screens shortly after he took office in 2011.

A federal judge put the policy on hold after the ACLU filed suit that summer, and the 11th U.S. Circuit Court of Appeals ruled that Scott could not constitutionally justify drug testing for all types of state employees without a reason, though it said testing could occur for some workers such as those in “safety-sensitive” positions. The appeals court ordered Scott and lawyers for the American Federation of State, County and Municipal Employees, or AFSCME, to come up with a list of jobs that could be subject to testing.

Scott appealed that decision to the U.S. Supreme Court, which refused to consider the case.

Monday’s agreement, which still requires court approval, identified more than 100 job classes that Scott can test for drug or alcohol use. Workers in most of the positions deal with vulnerable children or adults, handle heavy equipment or are already required to undergo medical tests for other reasons.

“We are pleased that the settlement will allow Florida to protect families by ensuring state employees working in the most critical areas of safety and security remain drug-free,” Scott spokesman John Tupps said.

In addition to the $375,000 Scott agreed to give the ACLU, the state has paid private lawyer Thomas Bishop at least $180,000 for legal fees associated with the case. The state has also spent nearly $120,000 on a special master to oversee the negotiations with the ACLU.

“It doesn’t seem to have panned out. That’s an understatement. It seems like an enormous waste of money spent on something that was obviously not constitutional to begin with. I’m not sure why (Scott) made that choice and why he decided to pursue it for so long, but we are happy that the courts have recognized the unconstitutionality of this policy and that we can finally bring this very expensive — to the taxpayers and the parties — litigation to a close,” said ACLU lawyer Shalini Goel Agarwal.

The minimum $675,000 tab for the state worker drug-testing lawsuit does not include at least $300,000 Scott also spent on a losing battle to force applicants for Temporary Assistance for Needy Families to undergo drug screens. Scott dropped his appeal of the case earlier this year after the same federal appeals court ruled that the state law, pushed by Scott in his first bid for governor, also violated Fourth Amendment protections against unreasonable searches and seizures by the government. The taxpayers’ bill for the welfare drug-testing lawsuit does not include potentially hefty legal fees for the ACLU, which also represented the plaintiff — a veteran who is a single parent — in that case.

–Dara Kam, News Service of Florida

Support FlaglerLive's End of Year Fundraiser
Thank you readers for getting us to--and past--our year-end fund-raising goal yet again. It’s a bracing way to mark our 15th year at FlaglerLive. Our donors are just a fraction of the 25,000 readers who seek us out for the best-reported, most timely, trustworthy, and independent local news site anywhere, without paywall. FlaglerLive is free. Fighting misinformation and keeping democracy in the sunshine 365/7/24 isn’t free. Take a brief moment, become a champion of fearless, enlightening journalism. Any amount helps. We’re a 501(c)(3) non-profit news organization. Donations are tax deductible.  
You may donate openly or anonymously.
We like Zeffy (no fees), but if you prefer to use PayPal, click here.

Reader Interactions

Comments

  1. Brian says

    April 20, 2015 at 8:38 pm

    He should ppay it back out of the money he stole from medicaid, hope suing Obama opens that can of worms back open only this time the worm get put on the hook

  2. Shark says

    April 21, 2015 at 7:17 am

    Should just limit drug testing to politicians!!!!!!!!!!!!

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Conner Bosch law attorneys lawyers offices palm coast flagler county
  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Primary Sidebar

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • Ryan Jones on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • Flagler Beach Resident on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • Dusty on An Ugly Town Meeting in Marineland as Questions Hang Over Legality of Mayor’s Unilateral Appointment of a Commissioner
  • Nephew Of Uncle Sam on An Ugly Town Meeting in Marineland as Questions Hang Over Legality of Mayor’s Unilateral Appointment of a Commissioner
  • Pete on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • Tony Mack on The Daily Cartoon and Live Briefing: Thursday, May 22, 2025
  • Joseph on Maga’s Fearful War on Universities
  • bruces on Palm Coast Mayor Norris Sues Palm Coast, Seeking Councilman Gambaro Booted and Special Election Held
  • Laurel on The Daily Cartoon and Live Briefing: Wednesday, May 21, 2025
  • The dude on Reversing Planning Board’s Decision, Palm Coast Council Approves 100,000-Sq.-Ft. Storage Facility on Pine Lakes Pkwy
  • Bo Peep on Maga’s Fearful War on Universities
  • Dusty on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • PC OG on Flagler County Clears Construction of 124 Single-Family Houses at Veranda Bay in Latest Phases of 453-Unit Development
  • Laurel on The Daily Cartoon and Live Briefing: Thursday, May 22, 2025
  • Sherry on The Daily Cartoon and Live Briefing: Thursday, May 22, 2025
  • Mary Lumas on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade

Log in