American Federation of State, County, and Municipal Emp'ees Council 79 v. Scott, No. 12-12908 (11th Cir. 2013)Annotate this Case
This case involved Executive Order 11-58 (EO), which mandated two types of suspicionless drug testing: random testing of all employees at state agencies within the Governor of Florida's control, and pre-employment testing of all applicants to those agencies. In this case, the district court declared the EO unconstitutional as to all current state employees. This relief swept too broadly, enjoined both constitutional and unconstitutional applications of the EO, and did so without examining the specific job categories to be tested. What the Supreme Court's case law required, in contrast, was that the trial court balance the governmental interests in a suspicionless search against each particular job category's expectation of privacy. Accordingly, the court vacated the district court's order granting summary judgment to the Union and denying summary judgment to the State. On remand, the State must meet its burden of demonstrating important special needs on a job-category-by-category basis.