Drug Testing Laws in the State of Florida

The Florida Drug-Free Workplace Act provides that any state agency may test certain employees and job applicants for the use of drugs. The law does not require the testing of employees or applicants, but mandates that any agency which does choose to test do so in accordance with specified methods and procedures outlined in the Act. The law is very comprehensive. Fla. Stat. Sect. 112.0455 (as amended in 1996). State Contracts State law provides that in situations where two or more bids of equal merit are submitted to win a contract, the business certifying that it has implemented a Drug- Free Workplace program will be given preference in being awarded the contract

WORKERS COMPENSATION

Workers' Compensation State law denies medical and indemnity benefits if an employee tests positive for alcohol or a prohibited drug, or refuses a test, provided that the employer's program has been implemented in accordance with the Workers' Compensation Premium Reduction Act. Fla. Stat. Ann. 440.101 (1993). The Florida Premium Reduction Act This is a voluntary law that provides a five percent discount on workers' compensation premiums to employers who implement and maintain a certified drug-free workplace program in accordance with the standards set forth in the Act. A confirmed positive drug test result disqualifies an injured employee from receiving benefits. The Act requires preemployment, for-cause, periodic, post-accident, and rehabilitation drug testing. Random testing is permitted but not required. A comprehensive written policy must be implemented and specific requirements relating to drug testing procedures must be followed. The Act was recently amended to permit the use of hair testing