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Workplace Drug Testing Issues – Florida State Laws

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

Drug Testing IssueStatusComments
Instant or POCT TestingRestrictionsConfirmation testing at a SAMHSA and/or Florida Agency for Healthcare Administration (AHCA) licensed lab is required.
Drug PanelsRestrictionsUp to standard 10 panel test.
LaboratoryLicensing requirementsAHCA or SAMHSA certified laboratories required.
Medical Review Officer (MRORequiredResults must be reported from lab to MRO and then to employer.
Random TestingNo RestrictionsOptional
Post-AccidentRequiredMust follow requirements of Florida Drug Free Workplace Program
Reasonable SuspicionRequiredMust follow requirements of Florida Drug Free Workplace Program
Oral Fluid TestingRestrictionsNot allowed for the Florida Drug Free Workplace Program
Hair TestingNo Restrictions
Unemployment DenialYes, address in company policyState in your drug free workplace policy that a refusal to test or a positive test is misconduct. Terminate employment for misconduct.
Workers Comp DiscountYes, available 5% DiscountSee General Statute links below
Intoxication DefenseYes440.09 - 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 MarijuanaYesAmendment 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 MarijuanaNo
Report Driver DOT PositivesNo
General StatuteSee 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