Senate Bill sb2886

    Florida Senate - 2004                                  SB 2886

    By Senator Hill





    1-1720-04                                               See HB

  1                      A bill to be entitled

  2         An act relating to procurement; amending s.

  3         287.087, F.S.; requiring businesses to have a

  4         drug-free workplace program to be eligible to

  5         be awarded a state contract; providing an

  6         effective date.

  7  

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

  9  

10         Section 1.  Section 287.087, Florida Statutes, is

11  amended to read:

12         287.087  Preference to Businesses with drug-free

13  workplace programs.--Whenever two or more bids, proposals, or

14  replies that are equal with respect to price, quality, and

15  service are received by The state or by any political

16  subdivision thereof may not award a contract for the

17  procurement of commodities or contractual services to, a bid,

18  proposal, or reply received from a business unless the

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

20  workplace program shall be given preference in the award

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

22  business shall:

23         (1)  Publish a statement notifying employees that the

24  unlawful manufacture, distribution, dispensing, possession, or

25  use of a controlled substance is prohibited in the workplace

26  and specifying the actions that will be taken against

27  employees for violations of such prohibition.

28         (2)  Inform employees about the dangers of drug abuse

29  in the workplace, the business's policy of maintaining a

30  drug-free workplace, any available drug counseling,

31  rehabilitation, and employee assistance programs, and the

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






    Florida Senate - 2004                                  SB 2886
    1-1720-04                                               See HB




 1  penalties that may be imposed upon employees for drug abuse

 2  violations.

 3         (3)  Give each employee engaged in providing the

 4  commodities or contractual services that are under bid a copy

 5  of the statement specified in subsection (1).

 6         (4)  In the statement specified in subsection (1),

 7  notify the employees that, as a condition of working on the

 8  commodities or contractual services that are under bid, the

 9  employee will abide by the terms of the statement and will

10  notify the employer of any conviction of, or plea of guilty or

11  nolo contendere to, any violation of chapter 893 or of any

12  controlled substance law of the United States or any state,

13  for a violation occurring in the workplace no later than 5

14  days after such conviction.

15         (5)  Impose a sanction on, or require the satisfactory

16  participation in a drug abuse assistance or rehabilitation

17  program if such is available in the employee's community by,

18  any employee who is so convicted.

19         (6)  Make a good faith effort to continue to maintain a

20  drug-free workplace through implementation of this section.

21         Section 2.  This act shall take effect October 1, 2004.

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