Senate Bill 1710

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



    Florida Senate - 1999                                  SB 1710

    By Senator Campbell





    33-859A-99

  1                      A bill to be entitled

  2         An act relating to drug-free workplace

  3         programs; amending s. 287.087, F.S.; providing

  4         additional requirements in order for a business

  5         to be certified as having a drug-free workplace

  6         and given preference in contracts by the state

  7         or local governments; amending s. 440.101,

  8         F.S.; requiring that certain employers in the

  9         construction industry implement a drug-free

10         workplace program; providing an effective date.

11

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

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14         Section 1.  Present subsections (5) and (6) of section

15  287.087, Florida Statutes, are redesignated as subsections (6)

16  and (7), respectively, and a new subsection (5) is added to

17  that section, to read:

18         287.087  Preference to businesses with drug-free

19  workplace programs.--Whenever two or more bids which are equal

20  with respect to price, quality, and service are received by

21  the state or by any political subdivision for the procurement

22  of commodities or contractual services, a bid received from a

23  business that certifies that it has implemented a drug-free

24  workplace program shall be given preference in the award

25  process. In order to have a drug-free workplace program, a

26  business shall:

27         (5)  Notify all employees that it is a condition of

28  employment for an employee to refrain from reporting to work

29  or working with the presence of drugs or alcohol in his or her

30  body and, if an injured employee refuses to submit to a test

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    Florida Senate - 1999                                  SB 1710
    33-859A-99




  1  for drugs or alcohol, the employee forfeits eligibility for

  2  medical and indemnity benefits.

  3         Section 2.  Subsection (2) of section 440.101, Florida

  4  Statutes, is amended, and subsections (3) and (4) are added to

  5  that section, to read:

  6         440.101  Legislative intent; drug-free workplaces.--

  7         (2)  If an employer implements a drug-free workplace

  8  program in accordance with s. 440.102 which includes notice,

  9  education, and procedural requirements for testing for drugs

10  and alcohol pursuant to law or to rules developed by the

11  Agency for Health Care Administration, the employer may

12  require the employee to submit to a test for the presence of

13  drugs or alcohol and, if a drug or alcohol is found to be

14  present in the employee's system at a level prescribed by rule

15  adopted pursuant to this act, the employee may be terminated

16  and forfeits his or her eligibility for medical and indemnity

17  benefits. However, a drug-free workplace program must require

18  the employer to notify all employees that it is a condition of

19  employment for an employee to refrain from reporting to work

20  or working with the presence of drugs or alcohol in his or her

21  body and, if an injured employee refuses to submit to a test

22  for drugs or alcohol, the employee forfeits eligibility for

23  medical and indemnity benefits.

24         (3)  An employer in the construction industry, as

25  defined and regulated under parts I and II of chapter 489,

26  shall implement a drug-free workplace program in accordance

27  with s. 440.102 for any state-funded construction contract

28  that employs three or more employees and exceeds $10,000 in

29  value.

30         (4)  A drug-free workplace program must require the

31  employer to notify all employees that it is a condition of

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






    Florida Senate - 1999                                  SB 1710
    33-859A-99




  1  employment for an employee to refrain from reporting to work

  2  or working with the presence of drugs or alcohol in his or her

  3  body and, if an injured employee refuses to submit to a test

  4  for drugs or alcohol, the employee forfeits eligibility for

  5  medical and indemnity benefits.

  6         Section 3.  This act shall take effect July 1, 1999.

  7

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  9                          SENATE SUMMARY

10    Provides that, in order for a business to be given
      preference in the award of contracts for having a
11    drug-free workplace program, the business must notify its
      employees that remaining free of drugs and alcohol is a
12    condition of employment and that an injured employee
      forfeits eligibility for medical and indemnity benefits
13    if the employee refuses to submit to a test for drugs or
      alcohol. Requires that employers in the construction
14    industry implement a drug-free workplace program for
      certain state-funded construction contracts.
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