CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 35 I.E.R. Cas. (BNA) 1273, 2013 WL 2321383, 2013 U.S. App. LEXIS 10786
...The Department of
6
Case: 12-12908 Date Filed: 05/29/2013 Page: 7 of 61
Corrections (“DOC”), for instance, provided for random suspicionless testing of its
employees. See Fla. Stat. § 944.474....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
...ntially the following question: May the Department of Corrections develop a program for the random drug testing of all its employees absent reasonable suspicion of illegal drug use? In sum: The Department of Corrections is specifically authorized by section 944.474 (2), Florida Statutes (1996 Supplement), to develop a program for the random drug testing of all employees without the necessity of reasonable suspicion of illegal drug use....
...Thus, Attorney General's Opinion 91-98 concludes that random drug testing is not authorized under the drug-free workplace programs provided for by those statutes. However, the Department of Corrections has been given specific authority by the Legislature to develop such a program. Section 944.474 , Florida Statutes (1996 Supplement), 3 provides as follows: (1) It is the intent of the Legislature that the state correctional system provide a safe and secure environment for both inmates and staff....
...a finding of reasonable suspicion of illegal drug use by the employee. 5 Use of the word "random" to describe the testing would appear to clearly express this intent. 6 Therefore, it is my opinion that the Department of Corrections is authorized by section 944.474 (2), Florida Statutes (1996 Supp.), to develop a program for the random drug testing of all employees....
...Advance notice of a followup testing date must not be given to the employee to be tested. 2 Section
112.0455 , Fla. Stat. (1995), is designated the "Drug-Free Workplace Act[,]" see, s.
112.0455 (1), Fla. Stat. (1995), and applies to "any agency within state government[,]" see, s.
112.0455 (5)(h), Fla. Stat. (1995). 3 Section
944.474 , Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...The Department of
6
Case: 12-12908 Date Filed: 05/29/2013 Page: 7 of 61
Corrections (“DOC”), for instance, provided for random suspicionless testing of its
employees. See Fla. Stat. § 944.474....
CopyPublished | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 155109, 2011 WL 6157383
...Whether the Secretary has an interest relating to the instant action and whether disposition of this suit may impair or impede that interest The Secretary argues that the disposition of the instant action has a “direct bearing” on the constitutionality of Florida Statute § 944.474, which authorizes the Department to “develop a program for random drug testing of all employees.” (D.E....
...action that is subject of the main action, the potential stare decisis effect may provide a practical advantage [to permit intervention].” Id. at 1258 (quoting Chiles v. Thornburgh,
865 F.2d at 1214 ). In the present case, however, Florida Statute §
944.474 is not at issue....
...proposed intervenor’s interest with respect to the subject matter of the action.” Id. at n. 9. In the present ease, the Governor’s interests are directly aligned with the Secretary’s. The Secretary’s interests in defending Florida Statute § 944.474 are impaired only if the EO is ruled unconstitutional....
