Health & Fitness
Another Florida Test Gets a Court Test
Is it fair to discriminate against a class of citizens that are looking to get a benefit from the State of Florida?
Keep a close eye on what is happening in a Orlando federal court today (Sept. 27) as Luis Lebron challenges Florida's welfare law that requires a urine test for applicants seeking temporary assistance. Florida's law, HB 353, went into effect on July 1 and requires applicants applying for assistance to submit a urine sample for drug testing. Applicants must pay up front for the test but if the results are negative the state reimburses the applicant for the cost of the test. The tests average about $30.00. If an applicant tests positive for drug use then the applicant must wait six months before applying for assistance again.
Florida's Department of Children and Families expects about 1,500 people a month to take the test. So far after one month of data a whopping 2 percent have failed the drug test and another 2 percent did not finish the application process. This is only the first month of data and these figures could change.
Lebron believes this test violates his Fourth Amendment right against an unlawful search. He has not engaged in illegal drug activity in the past and no one is suspecting him of engaging in this type of activity now. Yet suddenly because he applies for assistance he now has to prove his innocence.
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Rather than discriminating against a specific class of people in our society, poor people applying for welfare benefits, shouldn't we drug test everyone? We are fighting a war against drugs aren't we, and we spend billions on this fight don't we? So, why not make it mandatory for everyone to be drug tested.
Florida citizens found to be drug free could get special incentives like longer sales tax holidays, gasoline tax rebates, SunPass bonus bucks, free head of the line passes for driver license renewals, and other nice perks because you are drug free. Conversely though if you failed a state administered drug test, well then you would pay for your choice.
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Crazy talk huh? Well until we look at this from a broader perspective, Mr. Lebron is fighting for all of us. As it stands now you can in all likelihood engage in illegal drug activity in your house, or state-owned land like a park or preserve and in the majority of cases not be bothered by anyone. Only you know you did this activity, but you benefit from the other taxpayers that pay for your homestead exemption or helped pay for that state land so you could do your thing.
Imagine the outrage and furor if Florida citizens had to take a drug test to get an exemption for the Florida intangibles tax. Is this really any different or is this another form of discrimination? If Mr. Lebron loses this fight things may change for all of us in the future.
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