Florida passed a law allowing state agencies to randomly drug test up to 10% of employees every 90 days. The bill was signed by Governor Rick Scott on March 19, 2012 and allows computer-generated random selection of employees for alcohol and illegal substance testing. Employees who test positive can be disciplined or discharged, and may be referred to assistance programs, with their employment dependent on ability to perform duties while in treatment.

1. Florida Passes Law Authorizing Random Drug Testing of State Employees Page 1 of 1
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Florida Passes Law Authorizing Random Drug Testing of State Employees
3/19/2012 By Baker Donelson
On March 19, 2012, Gov. Rick Scott signed legislation allowing state agency heads to randomly test employees for illegal drug use. The bill, House Bill 1205, passed
the Senate on March 9, and had already been passed by the House. The bill passed the state Senate by a 26-14 vote.
Under the legislation, up to 10 percent of a state agency department’s employees could be randomly tested for alcohol and other substances. Tests could be conducted
every 90 days. Employees would be selected through the use of a third-party, computer-generated, random sample of departmental employees.
Employees who test positive for alcohol or illegal drugs could be disciplined or discharged. Discharged employees may be referred to an employee assistance program
or an alcohol and drug rehabilitation program paid for either by the employee or a health insurance plan. Departments would then determine whether such employees
could safely and effectively perform their job duties while in the program. If the employee was found unfit to perform his/her job while in treatment, the legislation would
require the employee to either be transferred to another position or placed on leave. Safety-sensitive employees would not be allowed to perform their job while in a
treatment program.
Baker, Donelson, Bearman, Caldwell & Berkowitz PC gives clients access to a team of more than 630 attorneys and public policy advisors representing more than
30 practice areas, connected across 18 offices. Republished with permission.© 2012 Baker Donelson. All rights reserved.
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