MIAMI — A Miami federal court on Thursday ruled that Gov. Rick Scott’s order to randomly drug test state employees is unconstitutional, saying there is not a compelling enough reason to do so.
In her ruling, Federal District Judge Ursula Ungaro said the governor’s policy constituted an unreasonable search and seizure and must be stopped. Last March, Mr. Scott, a former health care executive, ordered random drug testing for about 80,000 state employees who work for the 15 agencies that report to him. He suspended the testing in June because of the lawsuit.
Judge Ungaro said Mr. Scott had overreached in his executive order because there was no evidence of a large-scale problem and no reason to mandate drug tests.
The governor’s drug testing requirement “does not identify a concrete danger that must be addressed by suspicionless drug-testing of state employees,” Judge Ungaro wrote. “And the governor shows no evidence of a drug-use problem at the covered agencies.”
Mr. Scott objected to the ruling on Thursday. Drug testing workers, he said, is reasonable and practical.
“As I have repeatedly explained, I believe that drug testing state employees is a common-sense means of ensuring a safe, efficient and productive work force,” he said in a statement. “That is why so many private employers drug test, and why the public and Florida’s taxpayers overwhelmingly support this policy. I respectfully disagree with the court’s ruling and will pursue the case on appeal.”
Despite the legal challenge over the governor’s 2011 executive order, the Florida Legislature took up the same policy this year and passed a bill that allows all state workers to undergo random drug testing but does not make it a requirement. It was signed into law last month by Mr. Scott and takes effect in July. The ruling does not affect the new law, which is expected to draw a separate lawsuit.
The American Civil Liberties Union of Florida joined a state employees’ union in a lawsuit last year challenging the governor’s executive order. The groups claimed that the order violated the law by requiring drug testing of state workers who do not hold public safety jobs or are not suspected of wrongdoing.
“The governor can’t order the state to search people’s bodily fluids for no reason,” said Howard Simon, the executive director of the A.C.L.U. of Florida.
The 2011 executive order also required that applicants for jobs at the 15 agencies undergo random drug testing. The ruling on Thursday did not extend to the job applicants. Mr. Simon said if the state moved forward with those drug tests, it would be inviting another lawsuit on the issue.
Mr. Scott also faces a separate legal challenge over a 2011 law that requires Florida’s welfare recipients to undergo drug tests when they apply for benefits. The drug testing was temporarily halted last year by a judge while the case is being considered. Georgia passed a similar law this month.
Mr. Simon said the ruling raises the possibility that requiring welfare applicants to take drug tests might also be ruled unconstitutional. A similar law was struck down in Michigan.
The US state of Florida has repealed an order by the state's governor to drug test all state employees and new hires to state agencies. The  federal court has said that the order is unconstitutional, violating the .

Last year, Governor  ordered 80,000 drug tests on state employees. He is a former health care executive and objects to the ruling against drug testing. "As I have repeatedly explained, I believe that drug testing state employees is a common sense means of ensuring a safe, efficient and productive workforce," Scott said yesterday.

Howard Simon, executive director of the A.C.L.U. of Florida, said, "The governor can't order the state to search people's bodily fluids for no reason." 

Governor Scott is also dealing with a drug testing-related lawsuit for recipients of welfare. 


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