Florida’s attempt to drug test employees will cost taxpayers $190,589.74 after a federal judge in Miami on Friday ordered the state to pay attorney fees in a case challenging an executive order issued by Gov. Rick Scott last year.U.S. District Court Judge Ursula Ungaro ordered the payment to the American Federation of State, County and Municipal Employees Council 79, which filed suit in May 2011. The union is plaintiff in the lawsuit challenging Scott’s ability to randomly drug tests workers in agencies his office oversees.

But Ungaro on Friday denied legal payments of $17,455 to the ACLU, which represents AFSCME in the case, saying the civil rights group was not a prevailing party and therefore was not entitled to reimbursement by the state.

In April, Ungaro ruled that Scott’s attempt to require random drug testing for tens of thousands of state workers is unconstitutional, saying Scott did not show a “compelling need” for the controversial plan.