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Workplace Drug Testing Laws for Florida

  • Published: 12/19/2022
  • Updated: 12/19/2022

This Florida Workplace Drug & Alcohol Testing Laws course provides private employers and interested employees in Florida a summary of the current law in Florida as it relates to drug and alcohol testing.

The course has been designed for the benefit of both legal and non-legal professionals. We have attempted to improve readability by avoiding “legalese” whenever possible and by keeping the important points clear and concise.

Florida drug and alcohol workplace testing laws generally favor a reasonable employer. Florida’s at-will employment law gives employers a great deal of discretion when it comes to hiring and firing their employees.

This means that employers in Florida, by default, have nearly limitless discretion on whether to adopt a policy and if so, how to adopt the rules for their drug-free workplace program.

However, employers who wish to qualify for discounts on their workers’ compensation premiums have the option to opt-in to the voluntary drug-free workplace program under the Workers’ Compensation Statute, Fla. Stat. §440.102. Complying with this statute will narrow the options of the employer on how to conduct the company drug-free workplace policy, but in return allows employers who do adopt the program a 5% discount credit on Workers’ Compensation premiums.