Florida State Drug Testing Laws

Workplace Drug Testing Issues – Florida State Laws

These categories do not affect 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 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

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 compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons 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 attorney when you have a positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary 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.

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Workplace Drug Testing Issues – Florida State Laws

View Individual State Law Summaries