Florida Senate - 2019 CS for SB 890
By the Committee on Commerce and Tourism; and Senator Baxley
577-03179-19 2019890c1
1 A bill to be entitled
2 An act relating to drug-free workplaces; amending s.
3 112.0455, F.S.; requiring licensed drug-testing
4 facilities to perform prescreening tests on urine
5 specimens to determine their validity; specifying
6 requirements for such prescreening tests; requiring
7 such facilities to only use certain screening tests;
8 authorizing such facilities to rely on the screening
9 tests to determine if certain confirmation testing is
10 required; providing that urine specimens may not be
11 sent to an out-of-state facility unless the facility
12 complies with certain requirements; authorizing the
13 Agency for Health Care Administration to adopt rules;
14 conforming cross-references; amending s. 440.102,
15 F.S.; revising definitions; revising required
16 information in a written policy statement provided to
17 employees and job applicants before drug testing;
18 revising the frequency of required followup drug
19 testing; revising procedures for specimen collection,
20 testing, and preservation; revising persons who may
21 take or collect specimens for a drug test; revising
22 requirements and procedures for retesting specimens;
23 deleting and revising confidentiality requirements for
24 employers relating to certain information; revising
25 circumstances under which an employer may take certain
26 actions relating to an employee or job applicant on
27 the sole basis of certain positive test results;
28 revising standards for chain-of-custody procedures;
29 revising requirements and authorized actions relating
30 to confirmation testing; requiring licensed drug
31 testing facilities to perform prescreening tests on
32 urine specimens to determine their validity;
33 specifying requirements for such prescreening tests;
34 requiring such facilities to only use certain
35 screening tests; authorizing such facilities to rely
36 on the screening tests to determine if certain
37 confirmation testing is required; providing that urine
38 specimens may not be sent to an out-of-state facility
39 unless the facility complies with certain
40 requirements; authorizing the agency to adopt rules;
41 conforming provisions to changes made by the act;
42 conforming cross-references; amending s. 443.101,
43 F.S.; conforming a cross-reference; providing an
44 effective date.
45
46 WHEREAS, the State of Florida has a profound interest in
47 the health and welfare of its citizens, and
48 WHEREAS, new and emerging drug-testing subversion
49 technologies represent a significant threat to the ability to
50 properly identify those suffering from addiction and drug abuse,
51 and
52 WHEREAS, the Legislature, therefore, seeks to require urine
53 sample validity testing, such that those being tested can be
54 properly and promptly identified for referral to drug treatment
55 programs and other health care services, NOW, THEREFORE,
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Present subsections (13) through (17) of section
60 112.0455, Florida Statutes, are redesignated as subsections (14)
61 through (18), respectively, a new subsection (13) is added to
62 that section, and paragraph (b) of subsection (6) and paragraph
63 (a) of present subsection (15) are amended, to read:
64 112.0455 Drug-Free Workplace Act.—
65 (6) NOTICE TO EMPLOYEES.—
66 (b) Prior to testing, all employees and job applicants for
67 employment shall be given a written policy statement from the
68 employer which contains:
69 1. A general statement of the employer’s policy on employee
70 drug use, which shall identify:
71 a. The types of testing an employee or job applicant may be
72 required to submit to, including reasonable suspicion or other
73 basis; and
74 b. The actions the employer may take against an employee or
75 job applicant on the basis of a positive confirmed drug test
76 result.
77 2. A statement advising the employee or job applicant of
78 the existence of this section.
79 3. A general statement concerning confidentiality.
80 4. Procedures for employees and job applicants to
81 confidentially report the use of prescription or nonprescription
82 medications both before and after being tested. Additionally,
83 employees and job applicants shall receive notice of the most
84 common medications by brand name or common name, as applicable,
85 as well as by chemical name, which may alter or affect a drug
86 test. A list of such medications shall be developed by the
87 Agency for Health Care Administration.
88 5. The consequences of refusing to submit to a drug test.
89 6. Names, addresses, and telephone numbers of employee
90 assistance programs and local alcohol and drug rehabilitation
91 programs.
92 7. A statement that an employee or job applicant who
93 receives a positive confirmed drug test result may contest or
94 explain the result to the employer within 5 working days after
95 written notification of the positive test result. If an employee
96 or job applicant’s explanation or challenge is unsatisfactory to
97 the employer, the person may contest the drug test result as
98 provided by subsections (15) (14) and (16) (15).
99 8. A statement informing the employee or job applicant of
100 his or her responsibility to notify the laboratory of any
101 administrative or civil actions brought pursuant to this
102 section.
103 9. A list of all drugs for which the employer will test,
104 described by brand names or common names, as applicable, as well
105 as by chemical names.
106 10. A statement regarding any applicable collective
107 bargaining agreement or contract and the right to appeal to the
108 Public Employees Relations Commission.
109 11. A statement notifying employees and job applicants of
110 their right to consult the testing laboratory for technical
111 information regarding prescription and nonprescription
112 medication.
113 (13) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.
114 Before a drug testing facility licensed under part II of chapter
115 408 may perform any drug-screening test on a urine specimen
116 collected in this state, prescreening tests must be performed to
117 determine the validity of the specimen. The prescreening tests
118 must be capable of detecting, or detecting and defeating, novel
119 or emerging urine drug testing subversion technologies as
120 described in this subsection.
121 (a) The drug-testing facility shall use urine sample
122 validity screening tests that meet all of the following
123 criteria:
124 1. A urine sample validity screening test for creatinine
125 must use a 20 mg/dL cutoff concentration and must have minimal
126 interferences from bilirubin and blood in the urine. The urine
127 sample validity screening test must be able to discriminate
128 between a creatinine level from an unadulterated urine sample
129 and a creatinine level arising from overhydration or creatine or
130 protein loading.
131 2. A urine sample validity screening test for oxidants must
132 be able to detect the presence or effects of oxidant adulterants
133 up to 6 days after sample collection, under the sample storage
134 conditions outlined in the laboratory standards guideline
135 adopted by rule by the Agency for Health Care Administration,
136 and after any sample transport that is routinely involved.
137 3. Urine sample validity screening tests must be able to
138 detect synthetic or freeze-dried urine substituted for the
139 donor’s urine for drug testing.
140 4. Urine sample validity screening tests must be validated
141 for the detection of all of the additional adulterant classes
142 represented by glutaraldehyde, salt, heavy metals, cationic
143 detergents, protease, strong alkaline buffers, and strong acidic
144 buffers. The detection limits of these classes must be at a
145 sufficient level to detect a nonphysiologic sample or
146 interference with enzyme immunoassay drug screening tests.
147 (b) The drug-testing facility may only use urine sample
148 validity screening tests that have undergone validation studies
149 conducted by the manufacturer to document the product’s
150 conformance to the requirements of this subsection.
151 (c) A drug-testing facility may rely on urine sample
152 validity screening tests to determine if confirmation testing is
153 required for any urine sample that has been deemed invalid for
154 drug screening.
155 (d) Urine specimens collected in this state may not be sent
156 for drug screening tests to a drug-testing facility located
157 outside of this state unless such drug testing facility complies
158 with all requirements of this subsection.
159 (e) The Agency for Health Care Administration shall adopt
160 rules necessary for the implementation and enforcement of this
161 subsection.
162 (16)(15) NONDISCIPLINE REMEDIES.—
163 (a) Any person alleging a violation of the provisions of
164 this section, who that is not remediable by the commission or an
165 arbitrator pursuant to subsection (15) (14), must institute a
166 civil action for injunctive relief or damages, or both, in a
167 court of competent jurisdiction within 180 days of the alleged
168 violation, or be barred from obtaining the following relief.
169 Relief is limited to:
170 1. An order restraining the continued violation of this
171 section.
172 2. An award of the costs of litigation, expert witness
173 fees, reasonable attorney’s fees, and noneconomic damages
174 provided that damages shall be limited to the recovery of
175 damages directly resulting from injury or loss caused by each
176 violation of this section.
177 Section 2. Present subsections (9) through (15) of section
178 440.102, Florida Statutes, are redesignated as subsections (10)
179 through (16), respectively, a new subsection (9) is added to
180 that section, and paragraphs (c), (e), and (q) of subsection
181 (1), paragraph (a) of subsection (3), paragraph (a) of
182 subsection (4), paragraphs (b) through (h), (j), (k), and (l) of
183 subsection (5), subsection (6), paragraph (a) of subsection (7),
184 and paragraphs (b) and (c) of present subsection (9) of that
185 section are amended, to read:
186 440.102 Drug-free workplace program requirements.—The
187 following provisions apply to a drug-free workplace program
188 implemented pursuant to law or to rules adopted by the Agency
189 for Health Care Administration:
190 (1) DEFINITIONS.—Except where the context otherwise
191 requires, as used in this act:
192 (c) “Drug” means any form of alcohol, as defined in s.
193 322.01(2), including a distilled spirit, wine, a malt beverage,
194 or an intoxicating preparation; any controlled substance
195 identified under Schedule I, Schedule II, Schedule III, Schedule
196 IV, or Schedule V of s. 893.03; any controlled substance
197 identified under Schedule I, Schedule II, Schedule III, Schedule
198 IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
199 812(c); liquor; an amphetamine; a cannabinoid; cocaine;
200 phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a
201 barbiturate; a benzodiazepine; a synthetic narcotic; a designer
202 drug; or a metabolite of any of the substances listed in this
203 paragraph. An employer may test an individual for any or all of
204 such drugs.
205 (e) “Drug test” or “test” means any chemical, biological,
206 or physical instrumental analysis administered, by a laboratory
207 certified by the United States Department of Health and Human
208 Services or licensed by the Agency for Health Care
209 Administration, for the purpose of determining the presence or
210 absence of a drug or its metabolites. In the case of testing for
211 the presence of alcohol, the test must be conducted in
212 accordance with the United States Department of Transportation
213 alcohol testing procedures authorized under 49 C.F.R. part 40,
214 subparts J through M.
215 (q) “Specimen” means tissue, hair, or a product of the
216 human body capable of revealing the presence of drugs or their
217 metabolites, as approved by the United States Food and Drug
218 Administration, or the Agency for Health Care Administration,
219 the United States Department of Health and Human Services, or
220 the United States Department of Transportation.
221 (3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.—
222 (a) One time only, before prior to testing, an employer
223 shall give all employees and job applicants for employment a
224 written policy statement that which contains:
225 1. A general statement of the employer’s policy on employee
226 drug use, which must identify:
227 a. The types of drug testing an employee or job applicant
228 may be required to submit to, including reasonable-suspicion
229 drug testing or drug testing conducted on any other basis.
230 b. The actions the employer may take against an employee or
231 job applicant on the basis of a positive confirmed drug test
232 result.
233 2. A statement advising the employee or job applicant of
234 the existence of this section.
235 3. A general statement concerning confidentiality.
236 4. Procedures for employees and job applicants to
237 confidentially report to a medical review officer the use of
238 prescription or nonprescription medications to a medical review
239 officer both before and after being tested.
240 5. A list of the most common medications, by brand name or
241 common name, as applicable, as well as by chemical name, which
242 may alter or affect a drug test. A list of such medications as
243 developed by the Agency for Health Care Administration shall be
244 available to employers through the department.
245 6. The consequences of refusing to submit to a drug test.
246 7. A representative sampling of names, addresses, and
247 telephone numbers of employee assistance programs and local drug
248 rehabilitation programs.
249 8. A statement that an employee or job applicant who
250 receives a positive confirmed test result may contest or explain
251 the result to the medical review officer within 5 working days
252 after receiving written notification of the test result; that if
253 an employee’s or job applicant’s explanation or challenge is
254 unsatisfactory to the medical review officer, the medical review
255 officer shall report a positive test result back to the
256 employer; and that a person may contest the drug test result
257 pursuant to law or to rules adopted by the Agency for Health
258 Care Administration.
259 9. A statement informing the employee or job applicant of
260 his or her responsibility to notify the laboratory of any
261 administrative or civil action brought pursuant to this section.
262 10. A list of all drugs for which the employer will test,
263 described by brand name or common name, as applicable, as well
264 as by chemical name.
265 11. A statement regarding any applicable collective
266 bargaining agreement or contract and the right to appeal to the
267 Public Employees Relations Commission or applicable court.
268 12. A statement notifying employees and job applicants of
269 their right to consult with a medical review officer for
270 technical information regarding prescription or nonprescription
271 medication.
272 (4) TYPES OF TESTING.—
273 (a) An employer is required to conduct the following types
274 of drug tests:
275 1. Job applicant drug testing.—An employer must require job
276 applicants to submit to a drug test and may use a refusal to
277 submit to a drug test or a positive confirmed drug test as a
278 basis for refusing to hire a job applicant.
279 2. Reasonable-suspicion drug testing.—An employer must
280 require an employee to submit to reasonable-suspicion drug
281 testing.
282 3. Routine fitness-for-duty drug testing.—An employer must
283 require an employee to submit to a drug test if the test is
284 conducted as part of a routinely scheduled employee fitness-for
285 duty medical examination that is part of the employer’s
286 established policy or that is scheduled routinely for all
287 members of an employment classification or group.
288 4. Followup drug testing.—If the employee in the course of
289 employment enters an employee assistance program for drug
290 related problems, or a drug rehabilitation program, the employer
291 must require the employee to submit to a drug test as a followup
292 to such program, unless the employee voluntarily entered the
293 program. In those cases, the employer has the option to not
294 require followup testing. If followup testing is required, it
295 must be conducted at least 6 times in the first year, and may be
296 conducted twice for 1 additional year once a year for a 2-year
297 period after completion of the program. Advance notice of a
298 followup testing date must not be given to the employee to be
299 tested.
300 (5) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen
301 collection and testing for drugs under this section shall be
302 performed in accordance with the following procedures:
303 (b) Specimen collection must be documented, and the
304 documentation procedures shall include the:
305 1. labeling of specimen containers so as to reasonably
306 preclude the likelihood of erroneous identification of test
307 results. For saliva or breath alcohol testing, a specimen
308 container is not required if the specimen is not being
309 transported to a laboratory for analysis
310 2. A form for the employee or job applicant to provide any
311 information he or she considers relevant to the test, including
312 identification of currently or recently used prescription or
313 nonprescription medication or other relevant medical
314 information. The form must provide notice of the most common
315 medications by brand name or common name, as applicable, as well
316 as by chemical name, which may alter or affect a drug test. The
317 providing of information shall not preclude the administration
318 of the drug test, but shall be taken into account in
319 interpreting any positive confirmed test result.
320 (c) Specimen collection, storage, and transportation to a
321 laboratory the testing site shall be performed in a manner that
322 reasonably precludes contamination or adulteration of specimens.
323 (d) Each confirmation test conducted under this section,
324 not including the taking or collecting of a specimen to be
325 tested, shall be conducted by a licensed or certified laboratory
326 as described in subsection (10) (9).
327 (e) A specimen for a drug test may be taken or collected by
328 any person who meets the qualification standards for urine or
329 oral fluid specimen collection as specified by the United States
330 Department of Health and Human Services or the United States
331 Department of Transportation. For alcohol testing, a person must
332 meet the United States Department of Transportation standards
333 for a screening test technician or a breath alcohol technician.
334 A hair specimen may be collected and packaged by a person who
335 has been trained and certified by a drug-testing laboratory. A
336 person who directly supervises an employee subject to testing
337 may not serve as the specimen collector for that employee unless
338 there is no other qualified specimen collector available of the
339 following persons:
340 1. A physician, a physician assistant, a registered
341 professional nurse, a licensed practical nurse, or a nurse
342 practitioner or a certified paramedic who is present at the
343 scene of an accident for the purpose of rendering emergency
344 medical service or treatment.
345 2. A qualified person employed by a licensed or certified
346 laboratory as described in subsection (9).
347 (f) A person who collects or takes a specimen for a drug
348 test shall collect an amount sufficient for two independent drug
349 tests, one to screen the specimen and one for confirmation of
350 the screening test results, at a laboratory as determined by the
351 Agency for Health Care Administration.
352 (g) Every specimen that produces a positive, confirmed test
353 result shall be preserved by the licensed or certified
354 laboratory that conducted the confirmation test for a period of
355 at least 1 year after the confirmation test was conducted 210
356 days after the result of the test was mailed or otherwise
357 delivered to the medical review officer. However, if an employee
358 or job applicant undertakes an administrative or legal challenge
359 to the test result, the employee or job applicant shall notify
360 the laboratory and the sample shall be retained by the
361 laboratory until the case or administrative appeal is settled.
362 During the 60-day 180-day period after written notification of a
363 positive test result, the employee or job applicant who has
364 provided the specimen shall be permitted by the employer to have
365 a portion of the specimen retested, at the employee’s or job
366 applicant’s expense, at another laboratory, licensed and
367 approved by the Agency for Health Care Administration, chosen by
368 the employee or job applicant. The second laboratory must test
369 the specimen at the limit of detection for the drug or analyte
370 confirmed by the original at equal or greater sensitivity for
371 the drug in question as the first laboratory. If the drug or
372 analyte is detected by the second laboratory, the result shall
373 be reported as reconfirmed positive. The first laboratory that
374 performed the test for the employer is responsible for the
375 transfer of the portion of the specimen to be retested, and for
376 the integrity of the chain of custody during such transfer.
377 (h) Within 5 working days after receipt of a positive
378 verified confirmed test result from the medical review officer,
379 an employer shall inform an employee or job applicant in writing
380 of such positive test result, the consequences of such results,
381 and the options available to the employee or job applicant. The
382 employer shall provide to the employee or job applicant, upon
383 request, a copy of the test results.
384 (j) The employee’s or job applicant’s explanation or
385 challenge of the positive test result is unsatisfactory to the
386 employer, a written explanation as to why the employee’s or job
387 applicant’s explanation is unsatisfactory, along with the report
388 of positive result, shall be provided by the employer to the
389 employee or job applicant; and All such documentation of a
390 positive test shall be kept confidential by the employer
391 pursuant to subsection (8) and shall be retained by the employer
392 for at least 1 year.
393 (k) An employer may not discharge, discipline, refuse to
394 hire, discriminate against, or request or require rehabilitation
395 of an employee or job applicant on the sole basis of a positive
396 test result that has not been reviewed and verified by a
397 confirmation test and by a medical review officer, except when a
398 confirmed positive breath alcohol test was conducted in
399 accordance with United States Department of Transportation
400 alcohol testing procedures.
401 (l) An employer that performs drug testing or specimen
402 collection shall use chain-of-custody procedures established by
403 the Agency for Health Care Administration, the United States
404 Department of Health and Human Services, or the United States
405 Department of Transportation to ensure proper recordkeeping,
406 handling, labeling, and identification of all specimens tested.
407 (6) CONFIRMATION TESTING.—
408 (a) If an initial drug test is negative, the employer may
409 in its sole discretion seek a confirmation test.
410 (b) Only licensed or certified laboratories as described in
411 subsection (9) may conduct confirmation drug tests.
412 (c) All laboratory positive initial tests on a urine, oral
413 fluid, blood, or hair specimen shall be confirmed using gas
414 chromatography/mass spectrometry (GC/MS) or an equivalent or
415 more accurate scientifically accepted method approved by the
416 United States Department of Health and Human Services or the
417 United States Department of Transportation Agency for Health
418 Care Administration or the United States Food and Drug
419 Administration as such technology becomes available in a cost
420 effective form.
421 (b)(d) If a an initial drug test of an employee or job
422 applicant is confirmed by the laboratory as positive, the
423 employer’s medical review officer shall provide technical
424 assistance to the employer and to the employee or job applicant
425 for the purpose of interpreting the test result to determine
426 whether the result could have been caused by prescription or
427 nonprescription medication taken by the employee or job
428 applicant.
429 (c) For a breath alcohol test, an initial positive result
430 shall be confirmed by a second breath specimen taken and tested
431 using an evidential breath testing device listed on the
432 conforming products list issued by the National Highway Traffic
433 Safety Administration and conducted in accordance with United
434 States Department of Transportation alcohol testing procedures
435 authorized under 49 C.F.R. part 40, subparts J through M.
436 (7) EMPLOYER PROTECTION.—
437 (a) An employee or job applicant whose drug test result is
438 confirmed or verified as positive in accordance with this
439 section shall not, by virtue of the result alone, be deemed to
440 have a “handicap” or “disability” as defined under federal,
441 state, or local handicap and disability discrimination laws.
442 (9) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.
443 Before a drug-testing facility licensed under part II of chapter
444 408 may perform any drug screening test on a urine specimen
445 collected in this state, prescreening tests must be performed to
446 determine the validity of the specimen. The prescreening tests
447 must be capable of detecting, or detecting and defeating, novel
448 or emerging urine drug-testing subversion technologies as
449 described in this subsection.
450 (a) The drug-testing facility shall use urine sample
451 validity screening tests that meet all of the following
452 criteria:
453 1. A urine sample validity screening test for creatinine
454 must use a 20 mg/dL cutoff concentration and must have minimal
455 interferences from bilirubin and blood in the urine. The urine
456 sample validity screening test must be able to discriminate
457 between a creatinine level from an unadulterated urine sample
458 and a creatinine level arising from overhydration or creatine or
459 protein loading.
460 2. A urine sample validity screening test for oxidants must
461 be able to detect the presence or effects of oxidant adulterants
462 up to 6 days after sample collection, under the sample storage
463 conditions outlined in the laboratory standards guideline
464 adopted by rule by the Agency for Health Care Administration,
465 and after any sample transport that is routinely involved.
466 3. Urine sample validity screening tests must be able to
467 detect synthetic or freeze-dried urine substituted for the
468 donor’s urine for drug testing.
469 4. Urine sample validity screening tests must be validated
470 for the detection of all of the additional adulterant classes
471 represented by glutaraldehyde, salt, heavy metals, cationic
472 detergents, protease, strong alkaline buffers, and strong acidic
473 buffers. The detection limits of these classes must be at a
474 sufficient level to detect a nonphysiologic sample or
475 interference with enzyme immunoassay drug-screening tests.
476 (b) The drug-testing facility may only use urine sample
477 validity screening tests that have undergone validation studies
478 conducted by the manufacturer to document the product’s
479 conformance to the requirements of this subsection.
480 (c) A drug-testing facility may rely on urine sample
481 validity screening tests to determine if confirmation testing is
482 required for any urine sample that has been deemed invalid for
483 drug screening.
484 (d) Urine specimens collected in this state may not be sent
485 for drug-screening tests to a drug-testing facility located
486 outside of this state unless such drug testing facility complies
487 with all requirements of this subsection.
488 (e) The Agency for Health Care Administration shall adopt
489 rules necessary for the implementation and enforcement of this
490 subsection.
491 (10)(9) DRUG-TESTING STANDARDS FOR LABORATORIES.—
492 (b) A laboratory may analyze initial or confirmation test
493 specimens only if:
494 1. The laboratory obtains a license under part II of
495 chapter 408 and s. 112.0455(18) s. 112.0455(17). Each applicant
496 for licensure and each licensee must comply with all
497 requirements of this section, part II of chapter 408, and
498 applicable rules.
499 2. The laboratory has written procedures to ensure the
500 chain of custody.
501 3. The laboratory follows proper quality control
502 procedures, including, but not limited to:
503 a. The use of internal quality controls, including the use
504 of samples of known concentrations which are used to check the
505 performance and calibration of testing equipment, and periodic
506 use of blind samples for overall accuracy.
507 b. An internal review and certification process for drug
508 test results, conducted by a person qualified to perform that
509 function in the testing laboratory.
510 c. Security measures implemented by the testing laboratory
511 to preclude adulteration of specimens and drug test results.
512 d. Other necessary and proper actions taken to ensure
513 reliable and accurate drug test results.
514 (c) A laboratory shall disclose to the medical review
515 officer a written positive confirmed test result report within 7
516 working days after receipt of the sample. All laboratory reports
517 of a drug test result must, at a minimum, state:
518 1. The name and address of the laboratory that performed
519 the test and the positive identification of the person tested.
520 2. Positive results on confirmation tests only, or negative
521 results, as applicable.
522 3. A list of the drugs for which the drug analyses were
523 conducted.
524 4. The type of tests conducted for both initial tests and
525 confirmation tests and the minimum cutoff levels of the tests.
526 5. Any correlation between medication reported by the
527 employee or job applicant pursuant to subparagraph (5)(b)2. and
528 a positive confirmed drug test result.
529
530 A report must not disclose the presence or absence of any drug
531 other than a specific drug and its metabolites listed pursuant
532 to this section.
533 Section 3. Paragraph (b) of subsection (11) of section
534 443.101, Florida Statutes, is amended to read:
535 443.101 Disqualification for benefits.—An individual shall
536 be disqualified for benefits:
537 (11) If an individual is discharged from employment for
538 drug use as evidenced by a positive, confirmed drug test as
539 provided in paragraph (1)(d), or is rejected for offered
540 employment because of a positive, confirmed drug test as
541 provided in paragraph (2)(c), test results and chain of custody
542 documentation provided to the employer by a licensed and
543 approved drug-testing laboratory is self-authenticating and
544 admissible in reemployment assistance hearings, and such
545 evidence creates a rebuttable presumption that the individual
546 used, or was using, controlled substances, subject to the
547 following conditions:
548 (b) Only laboratories licensed and approved as provided in
549 s. 440.102(10) s. 440.102(9), or as provided by equivalent or
550 more stringent licensing requirements established by federal law
551 or regulation may perform the drug tests.
552 Section 4. This act shall take effect July 1, 2019.