Senate Bill sb1736c2

    Florida Senate - 2006                    CS for CS for SB 1736

    By the Committees on Governmental Oversight and Productivity;
    Criminal Justice; and Senator Wise




    585-2334-06

  1                      A bill to be entitled

  2         An act relating to drug testing within the

  3         Department of Corrections; amending s. 944.474,

  4         F.S.; authorizing the department to develop a

  5         program for testing employees who are in

  6         safety-sensitive and high-risk positions for

  7         certain controlled substances based upon a

  8         reasonable suspicion; providing for the

  9         reasonable suspicion to include violent acts or

10         behavior of an employee while on or off duty;

11         requiring that the department adopt rules;

12         providing an effective date.

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

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16         Section 1.  Subsection (2) of section 944.474, Florida

17  Statutes, is amended to read:

18         944.474  Legislative intent; employee wellness program;

19  drug and alcohol testing.--

20         (2)  Under no circumstances shall employees of the

21  department test positive for illegal use of controlled

22  substances. An employee of the department may not be under the

23  influence of alcohol while on duty. In order to ensure that

24  these prohibitions are adhered to by all employees of the

25  department and notwithstanding s. 112.0455, the department may

26  develop a program for the random drug testing of all

27  employees. The department may randomly evaluate employees for

28  the contemporaneous use or influence of alcohol through the

29  use of alcohol tests and observation methods. Notwithstanding

30  s. 112.0455, the department may develop a program for the

31  reasonable-suspicion drug testing of employees who are in

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






    Florida Senate - 2006                    CS for CS for SB 1736
    585-2334-06




 1  safety-sensitive or special-risk positions, as defined in s.

 2  112.0455(5)(n), for the controlled substances listed in s.

 3  893.03(3)(d). The reasonable-suspicion drug testing authorized

 4  by this subsection shall be conducted pursuant to s. 112.0455,

 5  but may also include testing upon reasonable suspicion based

 6  on violent acts or violent behavior of an employee who is on

 7  or off duty. The department shall adopt rules pursuant to ss.

 8  120.536(1) and 120.54 which are necessary to administer this

 9  subsection.

10         Section 2.  This act shall take effect July 1, 2006.

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                          CS for SB 1736

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15  Changes made in committee rephrase the persons affected by the
    testing provision to specify the individuals are those covered
16  under current law in s. 112.0455, F.S.

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