SENATE AMENDMENT
    Bill No. CS for SB 718   Barcode 250192
    Amendment No. 1
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Governmental Oversight and Productivity
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 1, lines 10-15, delete those lines
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17  and insert:  
18         Section 1.  Subsection (2) of s. 440.102, Florida
19  Statutes, is amended, and subsection (15) is added to said
20  section, to read:
21         440.102  Drug-free workplace program requirements.--The
22  following provisions apply to a drug-free workplace program
23  implemented pursuant to law or to rules adopted by the Agency
24  for Health Care Administration:
25         (2)  DRUG TESTING.--An employer may test an employee or
26  job applicant for any drug described in paragraph (1)(c). In
27  order to qualify as having established a drug-free workplace
28  program under this section and have which affords an employer
29  the ability to qualify for the discounts provided under s.
30  627.0915 and deny medical and indemnity benefits, under this
31  chapter, all drug testing, which conforms to conducted by
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 718   Barcode 250192
    Amendment No. 1
 1  employers shall be in conformity with the standards and
 2  procedures established in this section and all applicable
 3  rules adopted pursuant to this section, must be conducted by
 4  the employer. However, an employer does not have a legal duty
 5  under this section to request an employee or job applicant to
 6  undergo drug testing. If an employer fails to maintain a
 7  drug-free workplace program in accordance with the standards
 8  and procedures established in this section and in applicable
 9  rules, the employer shall not be eligible for discounts under
10  s. 627.0915. All employers qualifying for and receiving
11  discounts provided under s. 627.0915 must be reported annually
12  by the insurer to the division.
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16  And the title is amended as follows:
17         On page 1, line 3, after the semicolon
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19  insert:
20         clarifying that employees must conduct drug
21         testing in conformity with the section to
22         qualify as having a drug-free workplace
23         program;
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