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The Florida Senate has approved a bill that would allow random drug testing of state employees. The bill now moves to the desk of Governor Rick Scott, who is certain to sign it, the Associated Press reports.

The bill, which was passed by the Florida House earlier this month, would be the first of its kind in the county, according to the AP. It would allow up to 10 percent of state employees to be randomly tested every three months. The measure also would make it easier to fire a worker who had a single confirmed positive drug test.

Last year, Governor Scott tried to mandate state employee drug testing through an executive order, which was suspended while it is being challenged in federal court, the article notes.

Rich Templin, Legislative Director for the Florida AFL-CIO, predicted the measure will lead to more lawsuits. “This is just another attempt to vilify state workers and make them the problem,” he told the AP.

Some legal scholars in Florida said the bill probably is unconstitutional. They note drug testing invokes the Fourth Amendment, which protects against unreasonable searches and seizures. They add that while private employers can require drug testing, the state cannot.

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