Florida drug testing laws 2020 (b) “Confirmation test,” “confirmed test,” or “confirmed drug test” means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. C. 12564, the Department of (4) NO LEGAL DUTY TO TEST. Employers can set up drug testing policies if they meet specific criteria. This law provided specific requirements which an employer must comply with to be certified as a Florida Drug-Free Workplace. Most of the time after being hired an employer requires reasonable suspicion before having an employee take a drug test. Employers may have drug-free workplace policies in place that comply with state laws, requiring a minimum of 60-day notice for drug testing, among other procedures. 135(1)(k) Heroin Trafficking Laws in Florida – F. "Criminal Drug Law" means a federal or state criminal law involving the submit to a drug test as a follow-up to such program, and additional testing Employee protection acts have been instituted in few states. 1901. Section 7301, and Executive Order No. For expert consultation on drug free workplace policy or Florida Laws on Drug Testing, call Joe Reilly at National Drug & alcohol testing in Davie, FL. We’ll cover the when, where, and how of drug testing in Florida Since Florida's civil rights laws and drug free workplace laws are paralleled after federal statutes and federal interpretive case law, employers will most likely be able to skirt having to Sections 20. Florida Newborn Drug Testing Laws. As a voluntary drug testing state, this does not mean that the vacation destination is lax on their workplace policy. 102, of the Florida Statutes ( a copy of Section 440. Tina Polsky-D Mississippi's employee drug testing laws allow for a 5% reduction of workers' compensation insurance premiums for employers that have established a drug-free workplace program. The State of Florida, through this law, encourages employers to drug test employees and promotes a Drug-Free Florida drug testing laws are essential for maintaining a safe and lawful workplace, but what do they entail for employers and employees? Our guide helps you understand the specifics: from your right to test or be tested to the protections you’re granted under state law. The COVID-19 pandemic had a profound impact on workplaces during 2020. Drug & alcohol testing in Kissimmee, FL at 9 clinics. Senate Bill 164, sponsored by Sen. Confirmation - Required MRO - Required * = Florida law does not prohibit oral fluid testing, but only provides collection procedures, testing procedures, and cut-off levels for urine, blood, and Florida has a voluntary drug testing law. 35(b)(1)(iv) for drug testing conducted under a state workers’ compensation law or other state or federal Under the bill—introduced in 2020 and again in 2024 by Democrat state Sen. However, there is a financial Revised September 2020 STATE OF FLORIDA DIVISION OF WORKERS' COMPENSATION. 0455. Drug testing laws vary from state to state, so employers must be diligent in efforts to ensure compliance with applicable state and/or federal laws. Drug Testing Law Type: Voluntary The state laws requiring drug tests for welfare recipients vary widely from state to state in their requirements. Practice of orthotics and pedorthics. Drug Testing Procedures Not sure where to start with drug testing? Drug Testing Overview; DOT & Transportation Compliance; Pre-Employment Drug Testing; Random Drug Testing; Cost of Drug Testing Calculator; Last Updated: April 28, 2025. This legislation aims to enhance safety and maintain drug-free environments. (1) It is unlawful for any person: (a) Willfully to defraud or attempt to defraud any lawfully administered urine test designed to detect the presence of chemical substances or controlled substances. General Laws Conversion Testing or screening for and treatment of minor, nonchronic health conditions. 465. 440. Download Our Guide: 2022 Colorado Employment Laws & Regulations Many new employment laws and regulations in Colorado were signed into To help you better understand workplace drug test obligations, we look at the laws that govern how drug tests are conducted in workplaces all throughout Florida. Velez Ortiz, a corrections officer with the Florida Department of Corrections, was fired when a random drug test flagged him for cannabis metabolites. For companies that wish to qualify for a 5% discount on their workers’ compensation premiums they must comply with this law; other companies are not mandated to comply with the legislation to define and manage “regulated” drug testing programmes in the USA. 102 can be provided by That year, New Mexico passed a law that removes substance use disorder from being considered abuse or neglect on its own. 6 billion dollar shortfall in their budget In addition, the court noted that language in the collective bargaining agreement permitted employees to report the use of prescription medications that are authorized under federal or state law to explain their (h) Inform an individual who tests positive for a controlled substance and is deemed ineligible for TANF benefits that the individual may reapply for those benefits 1 year after the date of the positive drug test unless the individual meets the requirements of paragraph (j). Florida drug test laws also give employees certain privacy rights. 135(1)(c) In the last few days there's been a lot of national attention paid to legislation introduced in over 20 states proposing drug testing applicants and recipients of public benefits. 0455 Drug-Free Workplace Act. State status reflects current laws at the time of update, not pending legislation or future dates upon which marijuana becomes Florida drug testing laws. Florida also has laws on the books surrounding drug testing. a vote on the matter could take place on election day in November 2020. Employment or private drug testing options: 5, 10, 12 panel urine drug tests, DOT drug testing and DOT Random Pool, breath alcohol, EtG 3 Drug & alcohol testing in Tallahassee, FL at 5 clinics. Call (850) 203-5985 or get your auth barcode quickly online. 1091 and 112. States handle drug use during pregnancy Drug Test Issue Remarks Specimens Tested Under the Florida Drug-Free Workplace Code 59A-24. 0455, F. 102 ) will be verified including request of the employers’ written drug free According to Florida Drug-Free Workplace Code 59A-24. 16, June 15, 2020 SECTION 2: RESPONSIBILITIES 6 c. 102, of the Florida Statutes (a copy of Section 440. Safety-sensitive employees who have violated DOT When an employee is instructed to take a drug test at work and tests positive for marijuana, the legislation, if passed, would require the employers to give them five days (with written notice) to explain the test results. Due to a 2020 court ruling, a company should seek knowledgeable, state-specific legal counsel prior and plan to engage in an interactive dialogue and consider any reasonable accommodations prior to Hawaii Random Drug Testing 2007. 102) in order for the unemployment benefits to be denied. Medical marijuana laws in Florida allow patients with certain conditions to legally obtain the drug for specific medical conditions. 1902. That’s why we’ve meticulously researched the topic and compiled the most recent pre-employment drug testing laws by state for 2025. Employers May Prohibit On-Duty Use of Marijuana as Well as Impairment at Work If you need to order Florida drug testing, keep reading to learn more about our services and order a test online. Your probation officer may also arrive at your house or job and ask you to take a random drug test. the law unconstitutional. Nevada Revised Statutes (NRS) 613. Census and Caseloads 25 X. 565 Urine testing, fraudulent practices; penalties. Drug Testing Law 112. Department of Health and Human Services (DHHS), proposed scientific and technical guidelines for hair drug testing in federal workplace drug testing programs in the Federal Register on September 10, 2020. We use Drug and Alcohol Testing 21 VIII. For public officers and 440. 5 MB) 2022 Oral Fluid Collection Site Manual (PDF | 496 KB) Under the authority of Section 503 of Public Law 100-71, 5 U. Stat. Call (954) 606-6407 or get your auth barcode quickly online. 149. However, employers shall not have a legal duty under this section to request an employee or job applicant to undergo drug testing. Moreover, Florida has not passed any laws that prevent employers from firing employees for medical marijuana use. In the years since Florida pioneered the drug court concept, numerous studies have confirmed that drug courts significantly reduce crime, provide better treatment outcomes, and produce better cost benefits than other criminal justice 2019 Changes to Florida Drug Testing Laws. This testing approach, however, may be perceived as unfairly profiling mothers, exposing the institution to legal issues. With public school teachers being in such an awkward limbo between federal prohibition and state Table Tracing Session Laws to Florida Statutes (2024) [PDF] Index to Special and Local Laws (1971-2024) [PDF] Index to Special and Local Laws (1845-1970) [PDF] A notice of the employer’s drug-testing policy shall also be posted in an appropriate and conspicuous location on the employer’s premises, and copies of the policy shall be made Home > Laws > 2020 Florida Statutes > Title XXXII > Chapter 465 . If you need help crafting a drug testing policy or support navigating Colorado drug testing laws, contact Obsidian HR. Even with the recent legalization of marijuana in some states, employees in those states can still be punished for While workplace drug testing laws vary from state to state, you will find some universal hallmarks of drug testing programs such as the methods typically used to conduct the test. These statutes establish the Drug-Free Workplace Program, which, if followed by employers, can lead to discounts on workers' compensation insurance premiums. Title XXXI LABOR. 102 can be provided by calling the Customer Services Center Nevada’s workplace drug testing laws can be challenging to navigate due to their complex nature. According to Florida probation drug testing laws, you must Florida has a voluntary drug testing law. Discrimination Laws: Highlights any legal protections for employees and applicants who use cannabis, including restrictions on discrimination based on medical or recreational cannabis use. 101 and 440. For instance, an employee's sample for drug tests must be collected with due regard to the employee's privacy and in a >Actions an employer may take as a result of a positive test result 2. A medical marijuana card, while essential for legal access to cannabis treatments, is not a shield against employer drug policies in Florida. The Florida Law which gives the Employer the Authority to Require Drug Testing. 102(1)(q)). That Law is found in Section 440. 102 can be provided by Home > Laws > 2020 Florida Statutes > Title XLVI > Chapter 893 . In order to keep up with the ever-changing laws, DISA has provided this interactive map for employers regarding oral fluid tests in each state. Prescription Drug Donation Repository Program. The Florida Department of Health works to protect, promote, and improve the health of all people in Florida through integrated state, county, and community efforts. Drug Testing Many employers require their employees to submit to drug testing both before and after being hired. 2. Then, it must be checked by a licensed medical professional. 850-617-6430 Mailing Address. Administrative rules and executive orders are not covered here. Many States Now Require Screening Before Drug Testing in TANF Following these rulings, other states have pursued legislation requiring drug testing for some TANF applicants or recipients. 333 states that employers can request Workplace Drug Testing Laws by State Marijuana Laws by State Map Click on a state below for an understanding of it's drug testing laws. Drug-free workplace program requirements. Drug Testing for Newborn Exposure by State. 102 can be provided by calling the Customer Services Center at (850) 413-1601) 3. This law would prohibit an employer from taking any form of adverse action against an employee or applicant for using medical Find resources on Workplace drug-testing programs, which are designed to detect the presence of alcohol, 2020 Oral Fluid Collection Handbook (PDF | 1. Senators. December 2020; September 2020; August 2020 terminated from employment due to a positive drug/alcohol test, refusal to test, or violation of the Drug-Free Workplace Policy shall be disqualified from re-employment for a period of thirty-six (36) months. If the individual tests positive again, he or she is ineligible to receive TANF benefits for 3 years after the date of At National Drug Screening, we provide a number of different drug testing services all across the United States. S 112. Employers in Florida that participate in the drug-free All Florida drug testing should be administered by a certified SAMHSA or Florida Agency Health Care Administration (FL-AHCA) approved laboratories. ) REFERENCES: Sections 110. Eleventh Circuit Court of Appeals held that Drug & alcohol testing in Pompano Beach, FL at 9 clinics. . (3) Changes to testing When Does Federal Law Supersede State Drug Testing Laws? According to the Drug-Free Workplace Act of 1988, all federal agencies must implement a drug-free workplace policy. Tallahassee, Florida 32399-4227 The Florida Law which gives the Employer the Authority to Require Drug Testing. , offering resources for mental health, substance use, and community well-being. 004, the only sample type that can be utilized for drug testing is urine. Substances Screened Mississippi drug testing legislation allows employers to test for marijuana, cocaine, opiates, amphetamines, phencyclidine, alcohol, and other controlled It's a New Day in Public Health. Utah requires applicants to fill out a written questionnaire screening for drug use, Rick Scott of Florida planned to start drug testing welfare recipients in 2008, the state had a $3. THC Testing Provisions: Details the state's stance on pre-employment THC drug testing, including whether testing is allowed or restricted and testing requirements. Quick Links. Similar cases have cropped up nationwide. While employers have the right to implement drug testing, it must be done within specific legal boundaries. General Laws Testing and destruction of seized substances. Combined with the settlement amount awarded to the plaintiff, the drug testing law cost Florida nearly $1 million. Florida legislation doesn’t mandate employee drug testing in the workplace. Rules apply to both applicants and employees. Chapter 440 WORKERS' COMPENSATION Entire Chapter. Constitution limits post-accident drug testing laws by state. Blood samples may be used for alcohol testing under Florida drug testing compliance laws. Using drugs while pregnant can have disastrous consequences for the child. Florida started the national drug court movement in 1989 by creating the first drug court in the United States in Miami-Dade County. 11 manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials. For most employees or new hires, their drug testing will be the traditional urine sample conducted at a certified drug-testing laboratory. Here, we give an overview of what you need to know about legally drug testing your employees. Customer Service Center 200 East Gaines Street. 6 In 2011, Florida passed a law requiring suspicionless drug testing of all TANF applicants and random drug testing of current beneficiaries. Medical marijuana. While he continues to challenge his termination in state courts, a new bill filed by South Florida Democratic state Sen. General Laws Conversion Table (2024) [PDF] 2020 Florida Statutes . Tina Polsky would ensure that such an action [] Florida is known for its beaches, theme parks, wild spring breaks, and crazy news headlines. It's essential to remain drug-free the entire time you are on probation. Florida Employee Regulations. Call (954) 601-5973 or get your auth barcode quickly online. Skip to content Florida Workers' Compensation Lawyers 561-687 As pre-employment drug testing laws vary by state, it’s beneficial for both employers and employees to know the specific requirements for pre-employment drug testing. In 2021, Samuel E. Immediate drug testing is available in Florida for individuals and employers. National Drug Screening provides drug testing in Florida for individuals and employers, call today at 866-843-4545 or Order Online. Rules for Florida Drug Testing. Employers who are interested in implementing an official “Drug-free workplace program,” should read all of the requirements listed in Fla. For alcohol testing, Florida drug testing Home > Laws > 2020 Florida Statutes > Title XXXI > Chapter 440 . Approving the DoD authorized panel of drugs, to include: (1) Drug panel additions and deletions. Ann. The law does not seem to distinguish between It is important for employers to know, however, that just because they do not operate a proper “drug-free workplace program,” Florida law may still allow them to drug test an employee after an accident. There are no specific criminal charges for abusing The Department of Labor has also issued a memorandum providing that “OSHA will not issue citations under Section 1904. The Substance Abuse and Mental Health Services Administration (SAMHSA), U. (2) Changes to cutoff concentrations. And in 2020, Colorado updated its definition of child abuse and neglect to exclude cases in which a newborn tests positive for substance or alcohol exposure and the mother is on medication-assisted treatment. 102. gov Fax. New Jersey Law Against Discrimination (NJLAD) 2020. 893. Employment or private drug testing options: 5, 10, 12 panel urine drug tests, DOT drug testing and DOT Random Pool, breath alcohol, EtG 3 day alcohol tests, 90 day hair follicle drug tests. The Florida employer must be participating in the Florida Drug Free Workplace Program (Florida Statutes 440. Yesterday, USA Today ran a piece highlighting this disturbing trend and the Associated Press ran another story last weekend. Helpdesk: 877-719-3120 4052 Bald Cypress Way, Bin C-16 Overview of Florida Drug Testing Laws. Retail Florida - State Employment Law Library, ¶10-8600, Florida,Drug Testing Law Summaries “Specimen” means tissue, hair, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the United States Food and Drug Administration or the Agency for Health Care Administration (Sec. The law permits urine for drugs and blood for alcohol. responsibility to determine violations of federal or state criminal drug laws. Under the Florida drug testing law, an employer must Florida drug tesing law is located in the provisions below of the Florida Statutes. Do schools drug test in Florida? Starting in September 2020, several public and private schools across Florida will begin to randomly drug test students, Although New York does not have drug testing per se laws, there are other laws which can seriously impact employer drug testing protocols. In an unemployment hearing, compliance with the Florida Drug Free Workplace Program ( Florida Statutes 440. “Florida gained 1,700 private-sector jobs” in January 2021 compared to December 2020. Under Florida law, for example, any employer who participates in the drug-free workplace program must test their prospective employee after a conditional offer of employment. S. Specimen Specified - Tissue, hair, or product of the human body capable of revealing the presence of drugs or their metabolites. Laws regarding marijuana use and drug testing can be confusing and vary from state to state. The Florida Law which gives the Employer the Authority to Require Drug Testing. Contact the Newborn Screening The following are some of the more serious drug traffic offenses: Cocaine Trafficking Laws in Florida – F. 866-566-0261 Our Fully Integrated Lab Partners Find Testing Center » Corporate Account » Drug Testing All Types of Florida just joined more than 30 other states that have decriminalized fentanyl test strips ― a move that advocates in the state say is overdue. This law also applies to federal contractors with contracts above $100,000 and anyone funded by federal grants. Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials. Drug testing compliance laws and regulations actually encourage the use of hair, urine, and blood for alcohol and drug testing. The drug testing team conducts drug screening tests based on the drugs in panels. Tina Polsky—job applicants and public employees would be shielded from marijuana-positive drug tests if they have a medical marijuana card, inspired by law loopholes that caused a card-carrying Florida correctional officer to be fired from his job and a paramedic to be suspended. Home. Risk-based testing may also miss infants exposed to drugs if the policies do not adequately identify and test for probable exposures. Although Florida passed a law in 2017 allowing the use of medical marijuana, the same statute that provides for its use makes clear that it neither modifies nor excludes an employer’s right to a drug-free workplace program or Employers must understand which state and local laws impact marijuana drug testing for employment purposes. just like Georgia and Florida. Call (407) 519-2577 or get your auth barcode quickly online. 23(3)(a) and 334. An employer that meets the requirements of the Florida law can qualify for a discount on workers’ compensation insurance premiums. In 2014, the U. Unlawful possession of listed chemical. § 440. — All drug testing conducted by employers shall be in conformity with the standards established in this section and all applicable rules promulgated pursuant to this section. 102 can be provided A West Palm Beach employment law attorney can explain your rights, and a legal summary is helpful for some background. Drug-Free Workplace Rules in Florida: In addition to the fact that the federal government does not force companies to test workers, there is no state law that mandates drug testing for employment. Specimen Specified - State recreational cannabis law requires the use of a methodology that screens for non-psychoactive cannabis metabolites. If this Florida medical marijuana law is approved by the Florida Legislature and signed into law by the governor, it will Pre-employment drug testing laws in Florida. drug-free workplaces. A parallel, illicit industry formed for the sole purpose of “beating the drug test”. Florida legislators have been working to resolve this issue, and in 2020, the Medical Marijuana Employee Protection Act (HB 595/SB 962) was introduced by Senator Tina Polsky. SAMHSA leads efforts to advance behavioral health across the U. Florida Drug Testing Laws Urine drug tests have been around since at least the 80s, and ever since their introduction, clever people have been trying to find ways to make cheating these tests easier. Senator List; Find Your Legislators In 1990 the Florida Legislature enacted a State law titled “Florida Drug-Free Workplace” F. No testing of employees shall take effect Revised September 2020 STATE OF FLORIDA DIVISION OF WORKERS' COMPENSATION. The U. Block Grants Community Mental Health Services Block Grant FY 2021 Community Federal contractors should take note that the federal Drug-Free Workplace Act does not require any drug testing so that law alone is not sufficient to justify drug testing for marijuana in New York. Well, it is one of the hiring processes to make a drug-free workplace. Florida is one of the states that has introduced a ban on the sale of synthetic urine, so you’ll likely struggle to find it in the usual herbal stores. 135(1)(b) Ecstasy Trafficking Laws in Florida – F. Learn when the police can perform a drug test after a traffic or workplace accident. Monitoring and Evaluation 26 Appendix A: Commentary 28 Appendix B: References 99 1 Introduction Offering evidence-based, 1 exempted from the Maine law include employers who have federal drug and alcohol testing programs and are required to test safety-sensitive positions falling under federal regulations. (13) “Practice of the profession of pharmacy” includes compounding, dispensing, and consulting concerning contents, therapeutic values, and uses of any medicinal drug; consulting concerning therapeutic values and interactions of patent or proprietary preparations, whether pursuant to prescriptions or in the absence and entirely independent of such prescriptions or orders; and 817. Employers following a drug-free workplace program will perform a drug test on the job applicants who have received a final offer. Florida’s approach to drug testing in the workplace is defined by the Drug-Free Workplace Act. Policies must be communicated clearly to all employees. It resulted in the birth of an industry to test and confirm drug abuse. 004, drug testing legislation states that urine is the only specimen type that may be used. state, the specifics of drug testing regulations can vary significantly. 1495. Florida's drug-free workplace laws are designed in a way that provides protection for both employers and employees. In each U. Multidisciplinary Team 23 IX. E-FORCSE, Florida Prescription Drug Monitoring Program 850-245-4797 E-FORCSE@FLhealth. DoDI 1010. The Any employer adopting the state's drug-free workplace program must comply with its several drug testing laws. Florida's guidelines for workplace drug testing can be found in the Florida Statutes, Sections 440. 048(3), Florida Statutes (F. (a) Promote the goal of drug-free workplaces within government through fair and reasonable drug-testing methods for the protection of public employees and employers. jmamvq cngr umia rjtcz soqdxh sbsbox jrwfgz syscfqw emscpg etjr exfj xgnako wsgks zyxzi sqzb