There’s trouble in Tallahassee. That’s Tallahassee with a capital “T” and that rhymes with “P” and that stands for “Pee in a cup.”

It’s true -- Tallahassee’s gone crazy over drug testing.

While a federal judge in Miami mulls over the constitutionality of Gov. Scott’s 2011 Executive Order subjecting all applicants to and employees of agencies within the Governor’s purview to suspicionless drug testing, both chambers of the Florida Legislature are poised to pass sweeping legislation that actually expands drug testing even more broadly.

The bill “debated” in the Florida Senate today (I use that term loosely, because there was no real debate as the bill was rushed through the committee) would allow all agencies to impose random drug testing of all employees and require all job applicants to state agencies to be tested. The legislature can’t wait until our challenge to the Governor’s order is decided before it goes all-out and requires random testing of all state employees and job applicants.

Why this frenzy over drug testing? Is it something in the water? There’s no evidence of reefer madness in capitol elevators; nobody’s cooking meth in the cafeteria.

One answer may lie in who’s lobbying for the bill. It’s no secret that Gov. Scott has a missionary-like zeal for collecting and examining the urine of poor people and State workers; lawyers from his office have been bending the ears of skeptical legislators, but have shied away from defending their legal analysis at the committee hearings themselves.

The State doesn’t get it: state agencies are not private employers. The U.S. Constitution sets the bounds for what government can legally demand of its employees – not the Governor or the Legislature. And it can’t demand their urine without reasonable suspicion that the employee is using or abusing drugs, or holds a safety-sensitive position. We’re not making that up: it’s the law of the land, as spoken by the U.S. Supreme Court.

But Tallahassee doesn’t care. It doesn’t care about the Fourth Amendment; it doesn’t care that taxpayers keeping paying for expensive litigation required only to learn the same civics lesson; and it sure doesn’t care about casting a net of suspicion around the hard-working men and women who do the State’s work.

Date

Tuesday, February 28, 2012 - 5:26pm

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State employee drug testing revived

Two weeks ago, a House committee voted down an unconstitutional bill expanding the Drug-Free Workplace Act to authorize state agencies to require all state employees submit to random, suspicionless drug testing on a three-month rotating basis. HB 1205 by Rep. Jimmie Smith (R-Lecanto) is an attempt to extend, legislatively, to all state agencies, an executive order issued one year ago by Governor Rick Scott, which was mostly stayed when the ACLU challenged the constitutionality of random, suspicionless drug testing of public employees in Executive Branch agencies as a violation of the Fourth Amendment’s protections against unreasonable searches by the government. One of the Governor’s top legislative priorities for this year, HB 1205 was then reconsidered and passed the same committee, House Appropriations, last Tuesday largely on party lines. It also passed the House State Affairs Committee on Friday in a strict party line vote. The bill heads to the House floor next. The Governor has, through his attorneys, been lobbying House members heavily on this bill bringing into question whether agency compliance would in fact be voluntary.

Attack on women’s health services pushed through House and Senate committees

A couple of weeks ago, we saw the temporary postponement of an omnibus anti-choice bill that would require abortion care providers to comply with a host of intrusive and burdensome regulations not imposed on other health care providers. Last week we saw the revival of both versions in the House and the Senate in the final week of committee meetings. SB 290 by Sen. Anitere Flores (R-Miami) and HB 277 by Rep. Rachel Burgin (R-Riverview) would require abortion clinics to be wholly owned and operated by a doctor or group of doctors and would impose a 24-hour waiting period before a woman can get an abortion. The Senate version was heard in Wednesday’s meeting of the Health Regulation Committee where a host of amendments designed to slow down the measure by Sen. Eleanor Sobel (D-Miami) were debated and withdrawn. With little public testimony and no debate, the committee voted along party lines, with one Republican dissenting, to pass the measure. On Thursday, the House’s Health and Human Services Committee woke up to a midnight amendment to HB 277 merging language from another bill relating to “fetal pain” into the body of this bill. The amendment was adopted without objection and after about an hour of debate, the committee voted along party lines to pass HB 277 out of its final committee. The House version now heads to the floor for second reading while the Senate version still has two more committee stops. However, look out for SB 290 to be withdrawn from those committees in the final weeks of session and put on the floor for debate. The two measures will have to be identical in order to be sent to the Governor for signature.

Silver lining of the week: Protection for pregnant inmates clears final committee

HB 367 by Rep. Betty Reed (D-Tampa) would ban the use of restraints on incarcerated pregnant women during labor, delivery, and post-partum recovery. A unanimous vote of the members of the House Judiciary Committee on Friday sends the measure to the House floor for debate and final passage. The measure passed the full Senate unanimously earlier this session and has recently garnered support from a broad spectrum of interest groups, including the Florida Mobile Midwives, the PACE Center for Girls, the Florida Catholic Conference, Planned Parenthood, the Florida Sheriffs Association, and the Department of Corrections.

Media Roundup:

Coming up in the final stretch:

  • URGENT ACTION NEEDED The Senate companion to the House’s state employee drug testing is to be heard in Tuesday’s (February 28) meeting of the Budget Subcommittee on General Government Appropriations. Please call the members of the subcommittee and remind them that the United States Constitution is the supreme law of the land. Tell legislators that they cannot legislate away our 4th amendment rights! Urge them to vote NO on SB 1358 by Sen.Alan Hays, R-Umatilla. To find members of the subcommittee and their contact information, click here: http://www.flsenate.gov/Committees/Show/BGA/
  • Rep. Jimmie Smith’s (R-Lecanto) state employee drug-testing bill will be debated on the House floor and then voted on for final passage. Call your Representative and tell him/her that working for the state does not mean you check your constitutional rights at the door. Urge your Representative to vote NO on HB 1205. To find your state Representative, click here: http://myfloridahouse.gov/Sections/Representatives/representatives.aspx
  • Rep. Rachel Burgin’s (R-Riverview) bill to unfairly regulate abortion providers will be heard on the House floor. Sen. Flores’ companion bill is likely to be withdrawn from its committees and debated on the Senate floor. Call your Representative and Senator and tell them to “TRUST FLORIDA WOMEN!” Urge them to reject HB 277 and SB 290. Click here for contact information: http://myfloridahouse.gov/Sections/Representatives/representatives.aspx http://www.flsenate.gov/Senators/Find Or, follow the links in the ACLU-FL Action Alert: https://secure.aclu.org/site/Advocacy?cmd=display&page=UserAction&id=4133
  • Sen. Gary Siplin’s (D-Orlando) “school prayer” bill will soon be heard on the House floor. (It already has passed the full Senate.) Call your Representative and remind him/her that students already have a constitutionally protected right to voluntarily pray on their own time in school. We do not need Tallahassee legislating away the religious rights of our school children. Tell them to vote NO on SB 98. Click here to find your representative: http://myfloridahouse.gov/Sections/Representatives/representatives.aspx

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Friday, February 24, 2012 - 9:00pm

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If you’ve been watching the news lately, you know that women are facing an unprecedented nationwide attack. Now, anti-reproductive-rights forces in the Florida legislature have joined the war on women's health with a House committee passing what may be the most dangerous attack on women’s access to abortion care in recent Florida history.

Tell the Florida legislature to stop playing doctor and trust Florida women to make their own private medical decisions.

The bill passed yesterday began as a targeted attack on medical facilities that provide abortion care to women, placing restrictive regulations on these clinics that no other kind of medical facility faces — an effort to regulate clinics that provide reproductive health services out of existence. But last-minute amendments require doctors to give their patients “medical advice” based on the junk science of "fetal pain" which has been debunked by the American College of Obstetricians and Gynecologists and is designed to intimidate and shame women.

Deciding whether and when to become a parent is one of the most private and important decisions a person can make. Because no two women’s situations are the same, the decision should be made by her, her family, and her doctor — not by politicians. No government should force a woman to carry a pregnancy to term if she has decided she can't.

If the legislature passes this bill or its companion in the Senate, it would be a crowning achievement to those who want government to intrude into the doctor-patient relationship and ignore the individual needs and situations of each woman.

The war on women’s health must stop. Tell Florida legislators to trust women to know what's best for their futures and families.

Date

Friday, February 24, 2012 - 3:21pm

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