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Florida - STATE LAWS

Workplace drug testing issues – State Laws – Florida

These categories do no effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Florida has a voluntary program that provides for a 5% discount on workers compensation insurance premiums. The chart below is based on the requirements of this voluntary program. 

Workplace Drug Testing Laws in Florida

Instant or POCT Testing

Restrictions

Confirmation testing at a SAMHSA and/or Florida Agency for Healthcare Administration (AHCA) licensed lab is required.

Drug Panels

Restrictions

Up to standard 10 panel test.

Laboratory

Licensing requirements

AHCA or SAMHSA certified laboratories required.

Medical Review Officer (MRO

Required

Results must be reported from lab to MRO and then to employer.

Random Testing

No Restrictions

Optional

Post-Accident

Required

Must follow requirements of Florida Drug Free Workplace Program

Reasonable Suspicion

Required

Must follow requirements of Florida Drug Free Workplace Program

Oral Fluid Testing

Restrictions

Not allowed for the Florida Drug Free Workplace Program

Hair Testing

No Restrictions

Unemployment Denial

Yes, address in company policy

State in your drug free workplace policy that a refusal to test or a positive test is misconduct. Terminate employment for misconduct.

Workers Comp Discount

Yes, available 5% Discount

See General Statute links below

Intoxication Defense

Yes

440.09 - Compensation is not payable if the injury was occasioned primarily by the intoxication of the employee; by the influence of any drugs, barbiturates, or other stimulants not prescribed by a physician; or by the willful intention of the employee to injure or kill himself, herself, or another.

Medical Marijuana

Yes

Amendment 2 passed on November 2016. No requirement for accommodation of on-site medical use of marijuana in any place of employment. Drug testing or drug free workplace are not mentioned in the amendment.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

See below Florida Drug Free Workplace Program

Florida Drug Free Workplace Program - Florida WC Code 440.102 and Florida Admin. Code 59A-24 et al.

Intoxication Defense - §440.102 - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

State Law Florida