DIVISIONLUIS W. LEBRON, individuallyand as class representative,Plaintiff,v. Case No.: 6:11-cv-01473-Orl-35DABDAVID E. WILKINS, in his officialcapacity as Secretary of the FloridaDepartment of Children & Families,Defendant. ___________________________________
comes before the Court upon Plaintiff’s Motion for PreliminaryInjunction (Dkt. 2), Motion for Class Certification (Dkt. 16) and Reply to Defendant’sopposition to preliminary injunctive relief (Dkt. 22), along with the State’s responses(Dkt. 19; Dkt. 16) in opposition to Plaintiff’s motions.
The question presented is whether Section 414.0652, Florida Statutes, whichrequires all applicants for a class of federal welfare benefits to submit to suspicionlessdrug testing, is constitutional under the Fourth and Fourteenth Amendments. Based onthe evidence submitted by the parties on their written submissions and at a hearing onPlaintiff’s Motion for Preliminary Injunction, the Court
Plaintiff’s Motion forPreliminary Injunction against the enforcement of Section 414.0652 against him until
Case 6:11-cv-01473-MSS-DAB Document 33 Filed 10/24/11 Page 1 of 37 PageID 572