Florida’s employment drug testing laws promote the implementation of drug-free workplace programs to maximize employee productivity and efficiency. Florida does not demand that employers perform drug tests but, those that do in compliance with State law, are given a 5% discount on their workers’ compensation premiums. Employers must provide a written notice to employees and applicants sixty (60) days prior to testing, and employers must abide by the drug-free workplace program requirements stated in the Florida statutes. Medical marijuana is legal to consume by individuals with debilitating medical conditions, but it is prohibited in the workplace. An employee who tests positive for marijuana must have a prescription from a licensed state physician.

Can Current Employees be Tested? Yes, employees can be tested for the following reasons:

  • reasonable suspicion of substance abuse
  • as part of a routine fitness-for-duty exam
  • as a follow-up after an employee has participated in counselling or rehabilitation
  • random testing

Is Certified Testing Required? Yes.

LawsTitle XXXI, § 440.101 and § 440.102

What Can be Tested? Tissue, hair, or product of human body capable of revealing presence of drugs. (Florida lab regulations only permit urine testing.)

How to Conduct a Legal Drug Test

Step 1 – Florida employers must provide written notice or a copy of their drug-testing policies to all employees and applicants who will be tested. It is recommended that a Drug Test Release Form also be submitted by applicants and employees.

Step 2 – An employer is only allowed to collect urine samples for drug tests, with the exception of alcohol which can be tested by blood (Florida Agency for Health Care AdministrationSection 59A-24.004). Sample collection procedures must be in accordance with § 440.102(5).

Step 3 – Samples must be testing at laboratories certified by SAMHSA or licensed by Florida’s Agency for Health Care Administration. A list of certified labs can be found here.

Step 4 – If the results of the drug test are positive, employers can only take adverse action once a confirmation test has been conducted. An employee will be given the chance to explain or contest the results of a positive test up to five (5) days after they receive the results. Employees that choose to attend a rehabilitation center are protected from discrimination, termination, or discipline. Applicants who test positive for drugs will be denied employment.