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A lower court stopped Florida from drug testing welfare recipients, but that hasn’t stopped the Governor from pursuing the program.

Florida’s Governor is adamant about drug testing welfare recipients and state employees.  Rick Scott is asking a federal court to reinstate the drug testing law for people on welfare.

The American Federation of State County and Municipal employees says the numbers from the three months the law was in place should be enough to make the Governor to back off. Less than three percent tested positive.

“Does that amount to continuing to use taxpayers money? To continue to test? In my opinion this is harassment,” said AFSCME Florida Council 79 president Jeanette Wynn.

The move comes just two weeks after an appeal to have state workers drug tested was shot down by the U.S. Supreme Court.

The American Civil Liberties Union of Florida sued the state over the drug testing law. They say it’s a violation of constitutional rights.

“It’s not a question about whether people should or should not be tested, they have a right to not be subjected to an unreasonable government search,” said ACLU Florida’s Howard Simon.

The program has been spoofed by the popular mock news program the Daily Show in the past.

The Governor’s office responded to the appeal in a statement. Part of it reads “we should have a zero tolerance policy for illegal drug use in families – especially those families who struggle.”

The appeal brief states that more than two thousand applicants did not submit to drug testing under the law, so the numbers representing how many people failed were not complete.