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Florida - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Florida

Instant or POCT Testing


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

Drug Panels


Up to standard 10 panel test.


Licensing requirements

AHCA or SAMHSA certified laboratories required.

Medical Review Officer (MRO


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

Random Testing

No Restrictions




Must follow requirements of Florida Drug Free Workplace Program

Reasonable Suspicion


Must follow requirements of Florida Drug Free Workplace Program

Oral Fluid Testing


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


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


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


Report Driver DOT Positives


General Statute

See below Florida Drug Free Workplace Program