Senate Bill 1394

    Florida Senate - 1999                                  SB 1394

    By Senator Cowin





    11-1163-99

  1                      A bill to be entitled

  2         An act relating to random drug testing;

  3         creating s. 402.355, F.S.; providing authority

  4         for the Department of Children and Family

  5         Services to issue random drug testing for

  6         certain classes of employees; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 402.355, Florida Statutes, is

12  created to read:

13         402.355  Drug testing employees.--

14         (1)  It is the intent of the Legislature that the

15  Department of Children and Family Services provide a drug-free

16  workplace in accordance with s. 112.0455 for both clients and

17  employees.

18         (2)  Persons whose duties include providing care to

19  children, the developmentally disabled, disabled adults, and

20  elderly persons for 15 hours or more per week, together with

21  those who supervise those persons, and all employees of the

22  central abuse hotline are deemed to be in safety-sensitive

23  positions as defined in s. 112.0455.

24         (3)  The department shall require all job applicants,

25  employees, and volunteers whose duties are or would be as

26  described in subsection (2) to be tested for drugs pursuant to

27  the procedures and requirements of s. 112.0455, the Drug-Free

28  Workplace Act.

29         (4)  In order to ensure the safety of clients and

30  employees of the department and notwithstanding the notice,

31  reasonable suspicion, and cause provisions in s. 112.0455, the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1394
    11-1163-99




  1  department may develop a program for random drug testing, and

  2  randomly test persons as specified in subsection (2) and those

  3  persons who require certification under chapter 633 or chapter

  4  943. These random tests are in addition to any other tests

  5  that are permitted under s. 112.0455. All other procedural

  6  safeguards, appellate rights, and provisions of s. 112.0455

  7  apply.

  8         (4)  The department may adopt rules, policies, and

  9  procedures necessary to administer this section.

10         Section 2.  This act shall take effect upon becoming a

11  law.

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14                          SENATE SUMMARY

15    Authorizes the Department of Children and Family Services
      to provide random drug testing for certain employees in
16    accordance with the Drug-Free Workplace Act.

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