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Florida Drug Testing Compliance

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Florida

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Florida drug and alcohol tests as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Florida. Florida is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program or any aspect of it. Testing is your choice, but there may be federal rules to consider. This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in Florida.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy from Florida.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Amphetamine, marijuana, cocaine, PCP, methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or their metabolites.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No limitations.
Q6: Is it required to use a Certified Laboratory?
A: Must be licensed by Florida's Agency for Health Care Administration or SAMHSA.
Q7: What types of specimens can we test for?
A: No restrictions
Q8: Are there restrictions for Alcohol Testing?
A: This is permitted.

Florida Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decisions in this state, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I do POCT testing for my employees in Florida?

Correct!

 

 

Answer is “Yes”.

Per July 2009 amendment on-site testing is now permitted as part of the Workers’ Comp Premium Discount law. Employers may not deny or terminate employment based on an initial screen result that has not been confirmed by a lab and verified by an MRO. The law clearly limits which professionals are permitted to collect a specimen and it requires a split specimen, all of which may impact the use of a POCT device.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Florida Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Florida personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: On November 8, 2016, The Use of Marijuana for Debilitating Medical Conditions state constitutional amendment, also known as Amendment 2, passed by 71.32%. Any employer is not required to accommodate an employee who holds a medical marijuana card in the workplace or allow an employee to work under the influence of marijuana.

Personal Use: There is no effort to date to pass legislation permitting the personal use of marijuana.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

Equal Employment Opportunity Commission (EEOC) VS KB Staffing LLC
  1. Violation of ADA
  2. Unlawful pre-employment inquiries that is inconsistent with the ADA questionnaires.

EEOC won and KB Staffing LLC paid out total $22,500 to applicants and/or employees.

Re-write of Pre-Offer Health Questionnaire.

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