Senate Bill sb0718e1

    CS for SB 718                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to drug-free workplaces;

  3         amending s. 440.102, F.S.; clarifying that drug

  4         testing must be conducted in conformity with

  5         the section to qualify as having a drug-free

  6         workplace program; requiring certain

  7         contractors to implement a drug-free workplace

  8         program under certain circumstances; providing

  9         an effective date.

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

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13         Section 1.  Subsection (2) of section 440.102, Florida

14  Statutes, is amended, and subsection (15) is added to said

15  section, to read:

16         440.102  Drug-free workplace program requirements.--The

17  following provisions apply to a drug-free workplace program

18  implemented pursuant to law or to rules adopted by the Agency

19  for Health Care Administration:

20         (2)  DRUG TESTING.--An employer may test an employee or

21  job applicant for any drug described in paragraph (1)(c). In

22  order to qualify as having established a drug-free workplace

23  program under this section and have which affords an employer

24  the ability to qualify for the discounts provided under s.

25  627.0915 and deny medical and indemnity benefits, under this

26  chapter, all drug testing, which conforms to conducted by

27  employers shall be in conformity with the standards and

28  procedures established in this section and all applicable

29  rules adopted pursuant to this section, must be conducted as

30  required in subsection (4). However, an employer does not have

31  a legal duty under this section to request an employee or job


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






    CS for SB 718                                  First Engrossed



  1  applicant to undergo drug testing. If an employer fails to

  2  maintain a drug-free workplace program in accordance with the

  3  standards and procedures established in this section and in

  4  applicable rules, the employer shall not be eligible for

  5  discounts under s. 627.0915. All employers qualifying for and

  6  receiving discounts provided under s. 627.0915 must be

  7  reported annually by the insurer to the division.

  8         (15)  STATE CONSTRUCTION CONTRACTS.--Each construction

  9  contractor, as regulated under part I of chapter 489, and each

10  electrical contractor and alarm system contractor, as

11  regulated under part II of chapter 489, who contracts to

12  perform construction work under a state contract for

13  educational facilities as governed by chapter 235, public

14  property and publicly owned buildings as governed by chapter

15  255, or state correctional facilities as governed by chapter

16  944 shall implement a drug-free workplace program under this

17  section.

18         Section 2.  This act shall take effect October 1, 2001.

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