FL S0972

Prohibits public employers from taking adverse personnel action against employees or job applicants who are qualified patients using medical marijuana consistent with Florida law, unless the employer proves by preponderance of evidence that the marijuana use impairs job performance.

Requires public employers with drug testing policies to provide written notice within 5 business days of a positive marijuana test result, allowing the employee or applicant 5 business days to explain, contest the result, or request a confirmation test at their own expense.

Mandates employers conduct a confirmation test at employer expense before taking adverse action if the employee or applicant fails to provide satisfactory explanation for a positive result.

Allows employees or applicants to submit physician certification or medical marijuana registry identification cards as part of their explanation for positive test results.

Provides civil action remedies including injunctions, reinstatement to original or equivalent position, back pay, fringe benefits, seniority rights, attorney fees, and compensatory damages for violations, with a 180-day filing deadline.

Exempts law enforcement agencies from protections and preserves employer authority to prohibit marijuana use during business hours or when federal law compliance or contracts are at risk.