Florida Senate - 2026                                    SB 1702
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01470A-26                                          20261702__
    1                        A bill to be entitled                      
    2         An act relating to employer immunity from civil
    3         liability; amending s. 381.986, F.S.; providing
    4         employers with immunity from civil liability for
    5         actions taken against a current or prospective
    6         employee under certain circumstances; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Present subsections (16) and (17) of section
   12  381.986, Florida Statutes, are redesignated as subsections (17)
   13  and (18), respectively, and a new subsection (16) is added to
   14  that section, to read:
   15         381.986 Medical use of marijuana.—
   16         (16) IMMUNITY FROM CIVIL LIABILITY.—An employer that takes
   17  action against a current or prospective employee based on the
   18  employee’s possession or use of marijuana is immune from civil
   19  liability if:
   20         (a)1. The possession or use of marijuana occurs on a
   21  workplace site; or
   22         2. The current or prospective employee tests positive for
   23  marijuana upon submitting to a drug test administered in
   24  accordance with the requirements of s. 112.0455; and
   25         (b) The use of marijuana impairs the employee’s ability to
   26  perform his or her employment duties or responsibilities.
   27         Section 2. This act shall take effect July 1, 2026.