| Instant or POCT Testing |
Restrictions |
Confirmation testing at a SAMHSA or Florida Agency for Healthcare Administration (AHCA) licensed lab is required. |
| Drug Panels |
Restrictions |
Up to the standard ten-panel test |
| Laboratory |
Licensing requirements |
AHCA or SAMHSA-certified laboratories are required. |
| Medical Review Officer (MRO |
Required |
Results must be reported from the lab to MRO and then to the employer. |
| Random Testing |
No Restrictions |
Optional |
| 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 was passed in November 2016. No requirement for the 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 |
|
| General Statute |
|
See below Florida Drug-Free Workplace Program |
