Florida Drug Testing Law
Florida has voluntary drug testing laws. Companies that wish to qualify for a 5% discount on their workers’ compensation premiums must comply with these laws; other companies are not mandated to comply. Certain construction contractors must comply. There is also case law in the state that employers should be aware of. As well, there are workers’ and unemployment compensation laws in Alabama that contain their own drug testing requirements. Employers are not required to comply unless they wish to deny workers’ or unemployment compensation claims. Note: This is only a summary and does not include specifics.
Law types(s)
Voluntary laws, case law, unemployment compensation law, and workers’ compensation law.
Legal status of cannabis
Medical cannabis is legal.
Legal status of instant/POCT/rapid testing
Instant testing is permitted.
Permitted drug testing specimens
Blood (for alcohol) and urine (for drugs) are permitted.
Permitted testing circumstances
Pre-employment, reasonable suspicion, post-accident, periodic exam, return-to-duty, random, and follow-up, and other types of testing are permitted.
Employers must comply with the entirety of the voluntary laws to receive a discount on their workers’ compensation insurance premium. Compliance with the case law is highly recommended.
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This information is provided for educational use only and does not give full details on Florida’s state drug testing laws . Employers wishing to drug test in Florida should consult applicable laws in their entirety prior to creating a drug-free workplace program. Reader retains full responsibility for the use of the information contained herein.
