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UPDATE: Judges say Fla. worker drug test ban too broad

Drug Testing
Posted at 9:59 AM, Mar 22, 2013
and last updated 2013-03-22 07:33:16-04

MIAMI (AP) - Gov. Rick Scott may get at least some of his state worker random drug testing program reinstated.

Judges on the 11th U.S. Circuit Court of Appeals said at a hearing Friday that a lower court's decision invalidating all drug tests for some 85,000 workers may have been overbroad. The judges said it's clear that drug testing is constitutional for some workers, such as those in law enforcement.

No immediate ruling was issued. One appeals judge indicated the panel might send the case back for a narrower ruling allowing testing of workers in safety-sensitive positions.

Scott's executive order on drug testing was ruled unconstitutional last year by a Miami federal judge as an unreasonable search.

Opposing drug testing are a state workers labor union and the American Civil Liberties Union.


MIAMI, Fla. (AP) - Gov. Rick Scott isn't ready to give up just yet on imposing random drug tests for thousands of state workers.

Attorneys for the Republican governor are asking the 11th U.S. Circuit Court of Appeals on Friday to reinstate the tests. Scott's executive order requiring drug testing for about 85,000 state employees was declared unconstitutional last year by a Miami federal judge who said it amounted to an unreasonable search.

Scott's lawyers say it comes down to protecting public safety and boosting worker productivity.

Opposing drug testing are a state workers labor union and the American Civil Liberties Union.

In a related case, the same appeals court in February upheld a lower court's decision blocking a law requiring drug testing for Florida welfare applicants.