CS for CS for CS for SB 1358 - Drug-Free Workplaces

• Revises Florida's Drug-Free Workplace Act to authorize state agencies to conduct random drug testing every 3 months using computer-generated selection, with samples not exceeding 10 percent of total employees.

• Removes restrictions preventing discharge or discipline following a first positive confirmed drug test, allowing agencies to discharge, discipline, or refer employees to employee assistance or rehabilitation programs at the employee's expense.

• Requires employers to determine if employees can safely perform duties while in rehabilitation programs and mandates reassignment to safe positions or leave status (with accumulated leave use permitted) if certain high-risk duties are involved.

• Redefines "mandatory-testing position" for public employers to replace "safety-sensitive position," covering roles involving firearms, life-threatening procedures, heavy machinery, children, detainees, controlled substances, or positions where lapses in attention could cause injury or death.

• Authorizes public employers to conduct random testing of employees in mandatory-testing or special-risk positions using unbiased selection procedures in accordance with Agency for Health Care Administration rules, effective July 1, 2012.