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 The high court's decision not to hear the case means a May 2013
11th U.S. Circuit Court of Appeals ruling that found the governor's
order to be too broad remains intact.
The appeals court said Scott, a Republican, could not require all
employees to take tests, although it was justified for some workers,
including those involved in law enforcement.
Scott defended his policy in a statement issued on Monday.
"State employees should have the right to work in a safe and drug
free environment, just like in any other business," he said.
Litigation over which employees can be subject to testing will now
continue in lower courts.
The 2011 executive order was aimed at all 85,000 state workers. It
was challenged in court by the American Federation of State, County
and Municipal Employees, which represents almost 40,000 of the
workers potentially affected.
The union said the order violated the U.S. Constitution's Fourth
Amendment, which prohibits unreasonable searches and seizures.
Shalini Goel Agarwal, an American Civil Liberties Union lawyer who
represents the employees' union, said in a statement that the
question of whether a state can require all workers to submit to a
drug test without a reason has long been settled.
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"Without a threat to public safety or a suspicion of drug use,
people can't be required to sacrifice their constitutional rights in
order to serve the people of Florida," she said.
The union did not challenge whether Scott could require drug testing
of employees in safety-sensitive jobs.
The case is Scott v. American Federation of State, County and
Municipal Employees, U.S. Supreme Court, 13-841.
(Reporting by Lawrence Hurley; editing by Tom Brown)
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