Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1358
Barcode 155992
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/03/2012 .
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The Committee on Budget (Hays) recommended the following:
1 Senate Amendment
2
3 In title, delete lines 2 - 65
4 and insert:
5
6 An act relating to drug-free workplaces; amending s.
7 112.0455, F.S.; revising the definition of the term
8 “job applicant,” defining the term “random testing,”
9 and removing the definition of the term “safety
10 sensitive position” for purposes of the Drug-Free
11 Workplace Act; requiring drug testing to be conducted
12 within each state agency’s appropriation; authorizing
13 a state agency to conduct random drug testing every 3
14 months; providing testing selection requirements;
15 removing provisions prohibiting a state agency from
16 discharging or disciplining an employee under certain
17 circumstances based on the employee’s first positive
18 confirmed drug test; removing provisions limiting the
19 circumstances under which an agency may discharge an
20 employee in a special risk or safety-sensitive
21 position; providing that an agency may discharge or
22 discipline an employee following a first-time positive
23 confirmed drug test result; authorizing an agency to
24 refer an employee to an employee assistance program or
25 an alcohol and drug rehabilitation program if the
26 employee is not discharged; requiring participation in
27 an employee assistance program or an alcohol and drug
28 rehabilitation program at the employee’s own expense
29 or at the expense of a health insurance plan;
30 requiring the employer to determine if the employee is
31 able to safely and effectively perform the job duties
32 assigned to the employee while the employee is
33 participating in the employee assistance program or
34 alcohol and drug rehabilitation program; deeming that
35 certain specified job activities cannot be performed
36 safely and effectively while the employee is
37 participating in the employee assistance program or
38 alcohol and drug rehabilitation program; requiring the
39 employer to transfer the employee to a job assignment
40 that he or she can perform safely and effectively
41 while the employee participates in the employee
42 assistance program or alcohol and drug rehabilitation
43 program; requiring the employer to place the employee
44 on leave status while the employee is participating in
45 an employee assistance program or an alcohol and drug
46 rehabilitation program if such a position is
47 unavailable; authorizing the employee to use
48 accumulated leave credits before being placed on leave
49 without pay; amending s. 440.102, F.S.; revising the
50 definition of the term “job applicant” as it pertains
51 to a public employer; removing the definition of the
52 term “safety-sensitive position” and replacing it with
53 the definition for the term “mandatory-testing
54 position;” providing that an employer remains
55 qualified for an insurer rate plan that discounts
56 rates for workers’ compensation and employer’s
57 liability insurance policies if the employer maintains
58 a drug-free workplace program that is broader in scope
59 than that provided for by the standards and procedures
60 established in the act; authorizing a public employer,
61 using an unbiased selection procedure, to conduct
62 random drug tests of employees occupying mandatory
63 testing or special-risk positions if the testing is
64 performed in accordance with drug-testing rules
65 adopted by the Agency for Health Care Administration;
66 requiring that a public sector employer assign a
67 public sector employee to a position other than a
68 mandatory-testing position if the employee enters an
69 employee assistance program or drug and alcohol
70 rehabilitation program; amending s. 944.474, F.S.;
71 revising