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Amy Sherman
By Amy Sherman November 26, 2012
Back to Require drug screening for welfare recipients

Oral arguments heard in welfare drug testing case

One of Gov. Rick Scott's promises that has received the most media attention -- and even a parody on The Daily Show -- was his vow to drug test welfare recipients.

The Florida Legislature approved a bill to drug-test welfare recipients in 2011. Soon after that, the American Civil Liberties Union filed suit to stop it, and a federal judge issued a temporary injunction. Scott announced that the state would appeal the decision, and the case continued to wind it's way through the courts in 2012.

Oral arguments were heard in the 11th Circuit Court of Appeals in Atlanta on Nov. 1, 2012.
A ruling is expected within the next several months.

The ACLU also sued the state over a law approved in 2012 to drug test current state workers, but a judge issued an injunction forbidding the tests. Oral arguments are scheduled for the week of March 18, 2013.

Florida law denies welfare benefits to individuals convicted of drug trafficking. Legislators attempts to expand the ban to those convicted of felony drug possession, but that failed during the 2012 session.

Scott spokeswoman Jackie Schutz told us in late November that Scott does not plan to propose any law related to drug testing welfare recipients during the upcoming session, which starts in March.

We don't know how the courts will rule on Florida's law, but a similar law in Michigan was ultimately struck down. (PolitiFact wrote about it in a September 2011 fact-check about a chain email that falsely claimed  Florida was the first state to drug test welfare recipients.)

There doesn't appear to be any way for Scott to earn back his Promise Kept for drug testing welfare recipients unless he gets a victory in court. This promise remains In the Works.

Our Sources

The Miami Herald's Naked Politics blog,  "Scott appeals drug testing decision,” Nov. 3, 2011

The Tampa Bay Times The Buzz blog, "Appeals court hears welfare drug testing case,” Nov. 1, 2012

ACLU of Florida press release, "Statement on TANF drug testing oral arguments,” Nov. 1, 2012

ACLU of Florida press release, "ACLU and state employee union AFSCME succeed in protecting privacy rights of tens of thousands of state workers,” April 26, 2012

Florida House, House Bill 813, Died in committee March 9, 2012

PolitiFact, "Chain email claims Florida is the first state to require drug testing for welfare,” Sept. 30, 2011

National Conference of State Legislatures, Drug testing and public assistance, November 2012

Interview, Jackie Schutz, spokeswoman for Gov. Rick Scott, Nov. 21, 2012

Interview, Baylor Johnson, spokesman for the Florida ACLU, Nov. 19, 2012

The Daily Show, "Poor pee-ple,” Feb. 2, 2012