Judge Blocks Fla.’s New Welfare Drug Testing Law

A federal judge temporarily blocked Florida’s new law that requires welfare applicants to pass a drug test before receiving benefits on Monday, saying it may violate the Constitution’s ban on unreasonable searches and seizures.

Judge Mary Scriven ruled in response to a lawsuit filed on behalf of a 35-year-old Navy veteran and single father who sought the benefits while finishing his college degree, but refused to take the test. The judge said there was a good chance plaintiff Luis Lebron would succeed in his challenge to the law based on the Fourth Amendment, which protects individuals from being unfairly searched.

The drug test can reveal a host of private medical facts about the individual, Scriven wrote, adding that she found it “troubling” that the drug tests are not kept confidential like medical records. The results can also be shared with law enforcement officers and a drug abuse hotline.

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The law’s proponents include Gov. Rick Scott, who said during his campaign the measure would save $77 million. It’s unclear how he arrived at those figures. {snip}

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Earlier this year, Scott also ordered drug testing of new state workers and spot checks of existing state employees under him. But testing was suspended after the American Civil Liberties Union also challenged that policy in a separate lawsuit.

Nearly 1,600 applicants have refused to take the test since testing began in mid-July, but they aren’t required to say why. Thirty-two applicants failed the test and more than 7,000 have passed, according to the Department of Children and Families. {snip}

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Under the Temporary Assistance For Needy Families program, the state gives $180 a month for one person or $364 for a family of four.

Those who test positive for drugs are ineligible for the cash assistance for one year, though passing a drug course can cut that period in half. If they fail a second time, they are ineligible for three years.

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