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LINDA BASS Appellant
vs.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION Appellee.
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Issues:
Hair testing, cocaine, public employee, evidence, random testing, policy and procedure.
Case Summary:
Linda Bass, a former officer with the state's corrections department, appeals a lower jurisdiction's ruling concerning her dismissal from employment. Bass posted a positive result for cocaine during a mandatory physical and drug screen. State officials subsequently ruled that Bass violated the department's drug policy and terminated her employment. Bass denied using drugs and voluntarily performed another drug test that included analysis of her hair. Bass produced a negative result in the hair test. Bass petitioned a state review board for a hearing of her case and attempted to introduce as evidence the results of the hair test. She also attempted to introduce a physician's letter offering a possible explanation for the false positive that appeared in the department's drug screen.
Decision of lower jurisdiction:
A hearing officer for the state's review board rejected Bass' efforts to introduce the results of her hair test and the physician's letter. Bass now appeals.
Outcome:
Bass wins. The Florida Court of Appeals, Third District, reversed the decision of the lower jurisdiction and remanded the case for additional action. The appeals court ruled that the hearing officer erred in excluding evidence supporting Bass' case.