Senate Bill sb0264er

    ENROLLED

    2002 Legislature                                        SB 264



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  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         that section in order for an employer to

  6         qualify as having a drug-free workplace

  7         program; requiring certain contractors to

  8         implement a drug-free workplace program under

  9         certain circumstances; providing an effective

10         date.

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

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

15  Statutes, is amended, and subsection (15) is added to that

16  section, to read:

17         440.102  Drug-free workplace program requirements.--The

18  following provisions apply to a drug-free workplace program

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

20  for Health Care Administration:

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

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

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

24  program under this section and which affords an employer the

25  ability to qualify for the discounts provided under s.

26  627.0915 and deny medical and indemnity benefits, under this

27  chapter, an employer must implement all drug testing that

28  conforms to conducted by employers shall be in conformity with

29  the standards and procedures established in this section and

30  all applicable rules adopted pursuant to this section as

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


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




    ENROLLED

    2002 Legislature                                        SB 264



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

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

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

  4  standards and procedures established in this section and in

  5  applicable rules, the employer is ineligible shall not be

  6  eligible for discounts under s. 627.0915. All employers

  7  qualifying for and receiving discounts provided under s.

  8  627.0915 must be reported annually by the insurer to the

  9  division.

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

11  contractor regulated under part I of chapter 489, and each

12  electrical contractor and alarm system contractor regulated

13  under part II of chapter 489, who contracts to perform

14  construction work under a state contract for educational

15  facilities governed by chapter 235, for public property or

16  publicly owned buildings governed by chapter 255, or for state

17  correctional facilities governed by chapter 944 shall

18  implement a drug-free workplace program under this section.

19         Section 2.  This act shall take effect October 1, 2002.

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