After the Florida Legislature approved a bill to drug-test welfare recipients, PolitiFact Florida gave Gov. Rick Scott a Promise Kept on the Scott-O-Meter on May 6, 2011. But on Oct. 24, 2011, a federal judge issued a temporary injunction to block the law.
We wrote in May that the final bill, HB 353, forced all people who receive welfare cash, called Temporary Assistance for Needy Families, to pass a test in order to be eligible for the funds. If prospective recipients fail a first test, they lose benefits for one year. A second positive drug test makes them ineligible for three years.
The American Civil Liberties Union of Florida sued the state in September on behalf of of Luis Lebron, a 35-year-old Navy veteran, college student and single father from Orlando. Lebron refused to submit to a drug test arguing that requiring him to pay for and submit to one is unreasonable when there is no reason to believe he uses drugs.
U.S. District Court Judge Mary Scriven wrote in her order that the law could violate the Constitution"s Fourth Amendment ban on illegal search and seizure.
"The constitutional rights of a class of citizen are at stake,” Scriven wrote.
The St. Petersburg Times wrote in an article about Scriven's order that nearly 1,600 welfare applicants have refused to take the test since testing began in mid July. Thirty-two applicants failed the test -- mostly testing positive for marijuana -- and more than 7,000 have passed, according to the Department of Children and Families.
"In this litigation, the State provides scant evidence that rampant drug abuse exists among this class of individuals," Scriven wrote.
Jackie Schutz, deputy press secretary for Gov. Scott, told PolitiFact Florida in an e-mail:
"The Governor believes drug testing welfare recipients is the right thing to do. It is a policy that is supported by many Floridians because it is a common-sense way to ensure that welfare dollars are used to help children and get parents back to work, just as they were intended to do. The Governor respectfully disagrees with yesterday's decision and he does intend to continue to litigate the case in both the district courts and higher courts if necessary."
The Florida Department of Children and Families ceased drug screening on Oct. 24 after the judge issued her order.
ACLU spokesman Derek Newton said Scott can now decide whether to seek a hearing before Scriven -- which could take months to occur -- or file an appeal in about 30 days. Since the legal case remains open, Scott's promise isn't broken yet but the temporary halt causes us to move this promise to In the Works.