TALLAHASSEE (CBSMiami) – Republican Governor Rick Scott won’t give up just yet on his mission to impose random drug testing for thousands of state workers.

Attorneys for the governor have asked the 11 U.S. Circuit Court of Appeals to reinstate the drug testing policy. The request was made in a Friday filing.

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The policy was put in place when Scott issued an executive order requiring the drug tests for roughly 85,000 state employees. A Miami federal judge declared the policy unconstitutional saying it amounted to an unreasonable search.

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Scott’s lawyers said it comes down to protecting public safety and boosting worker productivity. Labor unions and the American Civil Liberties Union oppose the plans.

The 11th Circuit has previously upheld a lower court’s decision to block a law requiring drug testing for Florida welfare applicants.

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