These categories do no effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Florida has a voluntary program that provides for a 5% discount on workers compensation insurance premiums. The chart below is based on the requirements of this voluntary program.
| 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 | |
| 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.
Intoxication Defense – §440.102 – States vary in their willingness to allow employers to use an injured worker’s intoxication as a defense against a claim for compensation. State laws’ intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.
Medical marijuana is legal in Florida.
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
Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.
Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.
