Florida’s drug and alcohol testing laws offer workers’ compensation premium discounts for compliant employers; non-compliant employers have few restrictions. Blood and urine testing are permitted while other specimens are restricted.
| 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 |
Florida Drug Free Workplace Program – Florida WC Code 440.102 and Florida Admin. Code 59A-24 et al.
Worker’s comp claims can be denied in Florida when there is a positive drug or alcohol test after an accident. Certain rules apply. Chapter 440.09 of the workers’ compensation statute states: “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.” A comprehensive drug free workplace program is always advised to take advantage of this provision of the law.
Unemployment claims can be denied in Florida when the employee is terminated for a positive drug test. Certain rules apply. The Florida employer must be participating in the Florida Drug Free Workplace Program (Florida Statutes 440.102) in order for the unemployment benefits to be denied. In an unemployment hearing, compliance with the Florida Drug Free Workplace Program (Florida Statutes 440.102) will be verified including request of the employers’ written drug free workplace policy.
Florida statutes allow medical marijuana, a marijuana card is issued for individuals that have certain medical conditions. The Florida Statute (381.956) does specifically provide language that that an employer is not required accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. With little case law on this subject in Florida, employers are advised to use caution when refusing to hire a potential employee or firing an employee based on a positive marijuana test and the employer has an authorized medical marijuana card. Another option in Florida as in all states is to remove marijuana from the drug testing panel.
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
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
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