Florida governor, state employees end drug testing dispute

By David Adams MIAMI, (Reuters) - Florida Governor Rick Scott and the state's largest union of public employees agreed to end a long-running dispute over the broad use of random drug testing of state workers, according to a court filing on Monday. If approved by a federal judge, the agreement would end the court battle over Scott's 2011 executive order requiring state employees to submit to mandatory urinalysis drug testing without suspicion of wrongdoing. The order was aimed at state workers in agencies under the governor's authority, accounting for about 77 percent of the state workforce. It was challenged in court by the American Federation of State, County and Municipal Employees (AFSCME), which represents 34,000 of the workers potentially affected. The American Civil Liberties Union (ACLU) of Florida, on behalf of AFSCME Council 79, the state's largest union of public employees, said the order violated the U.S. Constitution's Fourth Amendment, which prohibits unreasonable searches and seizures. The union did not challenge whether Scott, a Republican, could require drug testing of employees in safety-sensitive jobs. "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," said Scott spokesman John Tupps. The ACLU argued in court that without a threat to public safety or a suspicion of drug use, people can't be required to sacrifice their constitutional rights in order to work for the state. "Gov. Scott's executive order rested on his belief that the state has the authority to require anyone it chooses to submit her bodily fluids for government inspection without reason or suspicion," said ACLU of Florida staff attorney Shalini Goel Agarwal. Under the settlement, Scott agreed not to drug test employees in about three quarters of the job categories represented by AFSCME, the ACLU said. The Supreme Court last year declined to review the matter, leaving intact a May 2013 11th U.S. Circuit Court of Appeals ruling that found the governor's order to be too broad. The appeals court said Scott could not require all employees to take tests, although it was justified for some workers, including those involved in law enforcement. The settlement also ended Scott's effort to require applicants for a state program for needy families to submit to searches. The state agreed to reimburse the ACLU for a portion of its expenses spent challenging the constitutionality of the executive order. (Additional reporting by Bill Cotterell in Tallahassee)