Florida Drug Testing Laws and Regulations
|Statute of Order:||Fla. Stat. §440.101 et seq., §627.0915, §112.0455|
|Covered Employers:||Private employers with 3 or more employees. Public employers with safety-sensitive and law enforcement positions|
|Applicant Testing:||Testing authorized with advance notice to applicant; applicant's refusal to submit to test may be used as basis for not hiring.|
|Employee Testing:||Testing authorized on reasonable suspicion of substance abuse, as part of routine fitness-for-duty exam, or as follow-up to employee's participation in counseling or rehabilitation. Written notice of testing program must be given 60 days in advance. Testing confers eligibility for certain discounts and other benefits under state's workers' compensation law. Discipline or discharge authorized for employees who test positive.|
|Conditions & Methods:||Confirming test in case of positive findings, privacy for employee in collection of specimen, methods of collection, storage, and transportation that preclude contamination of specimen, and confidentiality of results.|
|Medical Marijuana Law:||The Florida Cathy Jordan Medical Cannabis Act stipulates the authorization of qualified medical patients to possess and use medical cannabis, and use pertinent paraphernalia for such purpose. This act calls for the patient’s caregiver to present identification cards to verify that the patient is authorized to possess/use/administer medical cannabis. Sen. Jeff Clemens and Rep. Katie Edwards filed HB1139 and SB1250 (otherwise known as the Cathy Jordan Medical Cannabis Act). This Act would have spared very ill Floridians from criminal persecution for using medical marijuana as recommended by their doctors. However, the Florida Legislature adjourned their session on May 3, 2013 without even discussing the medical marijuana legislation. Therefore, medical marijuana is still illegal in Florida as the legislation failed.|
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