Drug Testing Laws In Florida 2021: Everything We Know

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The state government of Florida does not require every employer to conduct a drug test on its employees. The state law does not prohibit pre-employment drug testing, random drug testing of employees.

The drug testing laws in Florida states that there should be a determining cause behind a drug test that should not threaten the privacy and rights of the individual.

Table of contents

CPS/Child protective services drug testing laws in Florida

CPS in Florida might not require a drug test unless you have drugs at home or consuming drugs that might threaten your child’s livelihood. Anyone can report to the CPS if they notice any sort of child abuse, and if the caseworker finds it suspicious, he might require a drug test.

Parents using drugs will affect the family directly or indirectly. It could lead to mistreating the children and even loss of life. The primary role of CPS in Florida is to protect the children from drug addict parents or guardian and to provide a safe environment until that particular parent completes the treatment and pass the drug test.

The CPS drug test for parents might include collecting biological samples from the suspected parent, such as urine, saliva, hair, sweat, and breath. Drug and alcohol testing does not provide enough pieces of information about child mistreatment. So the CPS may collect self-reports, clinical testing, mental-behavioral testing, and observations of behavioral indicators.

Parents having a history of consuming controlled substances may have to take treatment to make them capable of taking care of children. Such parents have 3-years to complete the child abuse treatment. Failing to meet the child abuse treatment may attract parental rights termination.

Circumstances that considered as child abuse

  • Manufacturing restricted drugs in the presence of a child is considered child abuse. It also includes if the environment is a child living premises.
  • Exposing a child in the same room as the chemicals, equipment used for preparing drugs are stored.
  • Exposing a child to a drug/alcohol sale and selling it to them.
  • Using controlled drugs disrupt the caretaker's ability to give continuous care to the child.
  • Exposing and involving a child in a drug sale or distribution.

Newborn drug testing laws in Florida

Florida does not require pregnant women and newborns to take a drug test. While in some states where the medical professional could report if they found that the pregnant mother is doing drugs, Florida does not require them to report.

The law allows the medical professional to take drug tests only if the mother admits to drug abuse. In Florida, substance abuse during the time of pregnancy is not a specific crime on its own. But Florida law considers it as child abuse, and there may be chances that the mother may be prosecuted for the crime. If the test comes out positive, the infant might be removed from the custody of the parents.

The Child Abuse Prevention and Treatment Act necessitates every state to follow the child protection program for the sake of substance-exposed children’s mental and physical health.

Consuming illegal drugs or alcohol may cause harm to the infant's health. It may cause normal development and can cause long-term or short-term effects for the children, such as low birth weight. The suspected parent may have to stay longer postnatal in the hospital.

Medical exceptions - Mothers who are tested positive under medications are accepted innocent under certain circumstances. Illegal practices like taking illegal drug dosages and consuming at weekends are not tolerated and considered drug abuse.

Impact on the infant’s health - Medical screenings and withdrawal symptoms exhibited by the infant will identify the women for drug usage. The CPIs must use the information and test results and conclude that the substance is detrimental to the infant's health. Women with a drug history not following the protocols are limited to this phase. CPI suggests a plan of safe care to the parents of substance-exposed newborns. To be precise, the Child protective investigators and the case managers could convince the mother to opt for a safe care plan.

Case managers duties after the plan of safe care

  1. Mother's Health care.
  2. Infant's Medical care.
  3. Mother's substance use and mental state.
  4. Family and caretaker's needs.

Do teachers in Florida get drug tested?

The answer is a simple no. Not every teacher is drug tested. But, teachers under suspicion and observable abnormalities may attract a drug test. According to Florida state law, the consumption of illegal drugs in the presence of a child or children under age 18 is liable to answer.

Some of the Florida local schools and colleges prohibit illegal drugs by a teacher or a student inside the educational premises. This policy includes the following circumstances.

  • Avoiding drug usage inside the educational premises to maintain dignity.
  • Each school must adopt a drug-free campus program and implement it.
  • The state laws prohibit Unlawful possession of illicit drugs, distributing or exposing a child in drug distribution or a sale. Unless the child has a medical condition and the legal or illegal drugs prescribed by doctors are validated.
  • Every school should prohibit the manufacture, sell, distribute, possess any illegal drugs during work time and breaks.
  • School vehicle drivers should take a medical test if under suspicion. The vehicle should be drug-free under sponsored, approved, purposeful activities from the school.

Top 10 companies and agencies that drug test in Florida

  1. Tech Data

Tech Data is an American Information technology developing and distributing company. They are one of the world's largest IT product distributors in Florida. They will conduct a Standard urine test on final applicants. Applicants may have to paper works and have to take a test on a remote site.

  1. World fuel services

It is an energy commodities-related and service-based company in Florida. They will conduct a urine and breath drug test if an accident happens. Random drug tests on employees may happen too.

  1. Jabil Circuit

The Jabil circuit excels in providing supply chain and logistics services in Florida. It includes electronics outsourcing, supply chain management, Business Analytics, and Virtual mechanics. If the products get damaged, the liable employee should take a drug test. Random drug tests on employees could happen too.

  1. Lennar

Lennar is home construction and real estate company in Florida. They are one of the top new home sellers in the nation. It may conduct drug testing while hiring, or employees are also screened for drug testing randomly under suspicion.

  1. AutoNation

AutoNation is a renowned vehicle retailer in Florida. Services include selling new, pre-owned cars and related services. In some of the states, the Drug test is not conducted. Yet, some of the branches in Florida do conduct a drug screening test while hiring. The hiring process includes collecting Biological specimens from the applicants for the drug test.

  1. Carnival Corporation

Carnival corporation is a British-American cruise line, the largest corporation that provides leisure travel services. After the hiring process, applicants have to take a drug screening test before training. They will pay you to take the drug test. Employees may have to drug test if they have an accident or under suspicion.

  1. NextEra Energy

NextEra Energy is the largest American energy generating company that produces a total capacity of 46 gigawatts. They follow drug testing strictly to maintain a drug-free workplace. If an employee is tested positive on a drug test, their unescorted access will be denied for about five years.

  1. Royal Caribbean Cruises

Royal Caribbean Cruises is an American that provides cruise line services globally. It holds the second-largest cruise line on passenger count. Speaking of drug testing, It does not conduct Drug tests on the passengers. Final applicants may have to take a drug screening test before joining.

  1. CSX

CSX is a leading freight train transportation provider in the Eastern United States. Employees may have to take a drug test as a part of random drug testing. A team from an approved lab may conduct a drug screening on employees under suspicion. On a random basis, the company may conduct a drug screening.

  1. Publix Super Markets

Publix supermarket is one of the largest supermarkets. It is one of the fastest-growing supermarkets globally. Employees under suspicion, while hiring, the company conducts drug screening tests. Saliva specimens collected by an approved team perform the drug test.

Jobs that may not need a drug test in Florida

Other than companies adopting drug-free workplace, there are many jobs in Florida. Yes, without taking a drug test, you can work and earn on your own.

  1. Freelancing in Florida

Freelancing professionals can work with any employer despite the location. They are self-employed and have no need to take drug tests for work. It can be any fields, such as web development, Digital art, content writing, Designing, Data entry, etc.,

You can apply for a job you are excelling here

  1. Writers in Florida

Writing may be a passion or profession for some people. The writing profession extends to a wide range of job roles. It can be technical writing, blog writing, technical descriptions, scriptwriting, etc.

You can start your career in writing with a teensy interest. You can avail the jobs through this link.

  1. Web designing and web developers

In this digital era, Web development is one of the demanded jobs everywhere. You can work on a long-term or a short-term basis with an employer. Having appealing designing and hard coding skills will help you to seek a job without any hassle. However, being a freelancing web application developer, Nobody can ask you to take a drug screening test.

  1. Chef in Florida

People with good cooking skills are more likely to get a job in every corner of the world. Moreover, the demand and nature of this job do not require a drug test.

  1. Delivery Driver jobs

Drivers with good driving skills can apply for temporary jobs as delivery drivers. The minimum requirements may vary from employer to employer. But, most local delivery drivers need not take a drug test. In case of any accidents, the driver may have to take a drug test under state laws.

Employer drug testing laws in Florida

Employers who are all eligible and practicing Drug-free workplace place should conduct a drug test on their employees. There are certain circumstances to conduct a drug test.

  1. Under suspicion - If the employee is behaving abnormal, unsteady, or exhibiting the observable difference in characteristics, the employer can suspect the employee of using drugs, and the employer can conduct a drug test.
  2. Duty medical test - Every employee has to take a medical drug test for the sake of their health. It is a scheduled fitness for duty routine for the employees. The drug test can happen as a part.
  3. After rehabilitation - A drug test will be conducted on an employee returning from rehabilitation for a positive drug test.

There are few possibilities where employers can randomly conduct drug tests on their employees also.

Procedural rights and notice for the working employees

In Florida, the employees must have at least 60 days notice before conducting a drug test. The Employees who tested positive in a drug test have five days to explain or oppose the test results. An employer may not take any actions based on the initial drug test results of the employee. The employer should conduct a confirmation test with a medical review officer after the initial drug test results.

There are defined procedures to be carried out by the employers while conducting a drug test. Collecting the specimen, testing them, and maintaining the confidential results require defined guidelines laid by the state laws. Last but not least, the employees should not be mistreated, fired, or discriminated against if the drug test results are positive.

Legal claims by the employees against a mishandled drug test

Even though the legal laws allow employers who are practicing drug-free workplace programs to conduct drug tests randomly, there are certain rights for the employees to avoid illegal drug testing. Based on some factors (who was tested, How was tested, and how were the results used), the employees can have legal claims.

  1. Violation of state and procedural laws - The employer should follow the state and procedural rules while conducting a drug test on their employees. Failing to follows these procedures could attract a violation act against the employer. It starts from issuing a Drug test notice to the employee with its policies and conducting a confirmation test if the initial result of a drug test is positive.
  2. Discriminating Disabilities - Disabled Employees use medicines for their disabilities. Some medications taken by disabled employees could turn up on a drug test. Illegal drugs like Opiates are also legitimately prescribed to disabled people. Employers turning down employees with a positive drug test under these circumstances are liable to state laws.
  3. Discrimination claims - Employers who conduct drug test by selecting out employees by age, race, sex or gender is also liable to the legal laws. They could receive a discrimination claim against them.
  4. Privacy invasion - Conducting a drug test disrupting employee privacy is also violating the rules. Requiring the employee to undress or provide a pee sample in front of others should not be followed. Conducting this type of drug test attracts a privacy violation against the employer.
  5. Defamation - If an employee has tested positive and the employer explicitly shows the drug test results to the public, Employees can have a defamation claim against the employer. There are possibilities of errors to happen in the drug tests. The employer is liable to the laws for publicizing the results if the employee is tested negative in a retest.

Pre-employment drug testing laws in Florida

Employers following a drug-free workplace program will perform a drug test on the job applicants who have received a final offer. Well, it is one of the hiring processes to make a drug-free workplace. The drug testing team conducts drug screening tests based on the drugs in panels.

There are two major types of panels for the drug screening test.

  • 5-panel standard test 
  • 10-panel unregulated test

5-panel regulated test

Five-panel drug tests are usually conducted for federal government employees and DOT. It may occur randomly or under any suspicion of any employee taking drugs. Most importantly, DOT demands truck drivers to take a drug test at least once a year to avoid accidents.

Commonly tested drugs in a 5-panel drug test

  • COC
  • MMJ
  • PCP
  • AMP
  • Opiates

Employees, truck drivers who tested positive with the above substances will have a retest/confirmation test with a medical review officer. An Employer has to perform a confirmation test to ensure the results are not false-positive under the supervision of a medical review officer. If the substances are not detected, the drug test is categorized as negative.

10-panel unregulated test

Many public and private companies use this method to detect a wide range of drugs on a person's body. Unlike the 5-panel drug test, this test could detect ten abused use of illegal drugs on the Applicants/Employees. Drugs identified in this panel could be illicit street drugs or prescribed medicine.

  1. MMJ
  2. COC
  3. Opioids
  4. AMP
  5. PCP
  6. BZO
  7. Barbiturates
  8. Oxycodone
  9. Methadone
  10. Methaqualone

The list involved prescribed medicine and illegal drugs. If the employee has reasonable cause for using illicit drugs as medications, they can justify the positive results. For the disabled, doctors might prescribe illegal drugs that are acceptable. These employees can claim through the Americans with Disabilities Act (ADA).

What happens if you fail a drug test in Florida?

  1. Failing a drug test during the hiring process may result in your application rejection. Prescribed drugs are accepted after validating your medical conditions with dosage proofs.
  2. If you are an employee and failing a drug test may not terminate you instantly. The initials results could be false-positive. The employer may not take any actions against your employment until a team performs a confirmation test under the supervision of a medical review officer.

You can prevent yourself from getting positive results by using prior home based drug testing. This would help you to face your drug test with confidence. Get the best home based drug testing kits at Drug Test Panels.

We offer drug testing kits in bulk supplies for

  1. Urine Drug Test Kits
  2. Saliva or Mouth Swab Testing
  3. Alcohol Breathalyzers
  4. Hair Drug Testing

If you are an employer and need bulk drug testing kits for your pre-employment testing or random testing, we offer employer drug testing kits in bulk on discount rates.

What happens if you fail a drug test on probation in Florida?

  1. If you are tested positive in a drug screening test, you may have to attend a drug abuse treatment program.
  2. Random drug tests may be conducted on probation. If you fail a drug test on probation, the probation officer must take you to the judge overseeing your case. The judgment might differ based on your test results and the present threshold.
  3. The results could be one of two ways. You may be arrested, or your probation period may get extended.

Final words>

The Florida government does not promote any sort of drug consumption. Consuming drugs, alcohol is harmful to health, and it could affect the environment around you. Not every organization requires you to take drug tests for employment, even though some jobs have to be ensured and operated under a drug-free zone for the employees working on the premises. Refraining from drugs is a social responsibility that could develop a peaceful society.

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