Published: May 29, 2013 4:21 PM EDT

TALLAHASSEE, Fla. (AP) - A U.S. Appeals court says Gov. Rick Scott's state employee drug testing program went too far, but so did a lower court order tossing it out completely.
    
The 11th Circuit Court sent the case back to the U.S. District Court on Wednesday, saying some of the 85,000 employees that would have been subjected to the testing program can be tested.
    
But Scott's order would violate the constitutional rights of most of the others.
    
The court said it was Scott's responsibility to identify those who can be legally tested, such as law officers who carry guns or who operate large vehicles.
    
But it also said that Scott's rationale to have an office clerk submit to a urine test was not justified.

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)