Workplace Drug Testing Laws in Florida
In the state of Florida, employers can participate in the Drug-Free Workplace Program to help reduce the cost of their worker's compensation insurance premiums. If an employer adopts the state program, they are required to abide by various Florida drug testing compliance laws. These rules include drug testing employees on reasonable suspicion of drug use, as part of a fitness-for-duty medical examination, or following an employee's return to work after both a failed drug test and completion of a rehabilitation program.
In 2016, the state of Florida passed Amendment 2, which allowed for the medical adult use of marijuana and created a gray area between employee drug testing laws and medical marijuana patients. Due to current workplace drug testing laws in Florida, workplaces that participate in the Drug-Free Workplace Program must still drug test an employee who is a medical marijuana patient. If positive test results violate work policy, they can still face repercussions.
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Florida Drug Testing Compliance
Florida Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana |
Although the state of Florida legalized the use of medical marijuana with Amendment 2 in 2016, Florida law currently does not allow the recreational use of marijuana. |
| Medical Marijuana | Florida drug testing compliance laws under the Florida Drug-Free Workplace program still require drug tests for employees regardless of their medical marijuana status. |
| Substances Screened | In addition to alcohol, workplace drug testing laws in Florida under the Drug-Free Workplace program allow the 10-panel testing of amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, and synthetic narcotics. |
| Testing for Alcohol | For both employers who participate in the Florida Drug-Free Workplace and those who do not, alcohol testing is allowed for workplace purposes. |
Conditional Florida Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | Workplace drug testing laws in Florida permit on-site testing under the Drug-Free Workplace program. Employers cannot deny or terminate employment on the basis of a positive drug test until verified by a confirmation test and by a medical review officer (MRO). |
| Random Testing | There are currently no laws prohibiting employers from conducting random drug tests. Florida drug testing compliance laws do mandate that random tests can only be completed once every three months and may not constitute more than 10 percent of the total employee population when participating in the Drug-Free Workplace Program. |
| Workers Comp | For Florida employers who participate in the Drug-Free Workplace program, workplace drug testing laws in Florida mandate that an employee seeking workers' compensation must undergo drug testing. Employers outside of the program are permitted to complete drugs for workers' compensation purposes. |
Florida Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Specimens Tested |
Under the Florida Drug-Free Workplace Code 59A-24.004, drug testing legislation states that urine is the only specimen type that may be used. For alcohol testing, Florida drug testing compliance laws do allow the use of blood specimens. For Florida employers who participate in the Drug-Free Workplace program, drug testing compliance statutes allow the use of blood, urine, and hair for purposes of drug and alcohol testing. |
| Laboratories | Under Florida drug testing laws, drug testing laboratories used by Florida Employers must be licensed by Florida's Agency for Health Care Administration or SAMHSA |
Other Services We Provide in Florida
If you're looking for drug testing information related to a specific city in the state of Florida, try taking a look at our Florida clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer Florida Background Checks. For more information, visit our Florida background check page.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.