| Drug Testing Issue | Status | Comments |
|---|
| 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 except for DOT required testing |
| 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 | Allowed for the Florida Drug Free Workplace Program |
| 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 | Use FMCSA Clearinghouse |
| General Statute | -- | See below Florida Drug Free Workplace Program |
