Florida 2019 Regular Session Status: In Committee

SB 890 — Drug-free Workplaces

Last action — Died in Judiciary

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

553 added · 294 removed

553 line(s) added, 294 removed.

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Florida Senate - 2019 SB 890 By Senator Baxley 12-01244-19 2019890__ A bill to be entitled An act relating to drug-free workplaces;
Florida Senate - 2019 CS for SB 890 By the Committee on Commerce and Tourism;
and Senator Baxley 577-03179-19 2019890c1 A bill to be entitled An act relating to drug-free workplaces;
112.0455, F.S.;
requiring licensed drug-testing facilities to perform prescreening tests on urine specimens to determine their validity;
specifying requirements for such prescreening tests;
requiring such facilities to only use certain screening tests;
authorizing such facilities to rely on the screening tests to determine if certain confirmation testing is required;
providing that urine specimens may not be sent to an out-of-state facility unless the facility complies with certain requirements;
authorizing the Agency for Health Care Administration to adopt rules;
conforming cross-references;
amending s.
revising the contents of an employer policy statement with respect to employee drug use;
revising required information in a written policy statement provided to employees and job applicants before drug testing;
revising the frequency of followup testing;
revising the frequency of required followup drug testing;
revising specimen collection, verification, and documentation procedures;
revising procedures for specimen collection, testing, and preservation;
revising requirements for confirmation testing;
revising persons who may take or collect specimens for a drug test;
revising requirements and procedures for retesting specimens;
deleting and revising confidentiality requirements for employers relating to certain information;
revising circumstances under which an employer may take certain actions relating to an employee or job applicant on the sole basis of certain positive test results;
revising standards for chain-of-custody procedures;
revising requirements and authorized actions relating to confirmation testing;
requiring licensed drug testing facilities to perform prescreening tests on urine specimens to determine their validity;
specifying requirements for such prescreening tests;
requiring such facilities to only use certain screening tests;
authorizing such facilities to rely on the screening tests to determine if certain confirmation testing is required;
providing that urine specimens may not be sent to an out-of-state facility unless the facility complies with certain requirements;
authorizing the agency to adopt rules;
revising minimum requirements for laboratory reports of a drug test result;
conforming cross-references;
amending s.
443.101, F.S.;
conforming a cross-reference;
13 Be It Enacted by the Legislature of the State of Florida:
46 WHEREAS, the State of Florida has a profound interest in the health and welfare of its citizens, and WHEREAS, new and emerging drug-testing subversion technologies represent a significant threat to the ability to properly identify those suffering from addiction and drug abuse, and WHEREAS, the Legislature, therefore, seeks to require urine sample validity testing, such that those being tested can be properly and promptly identified for referral to drug treatment programs and other health care services, NOW, THEREFORE, 57 Be It Enacted by the Legislature of the State of Florida:
15 Section 1. Paragraphs (c), (e), and (q) of subsection (1), paragraph (a) of subsection (3), paragraph (a) of subsection (4), paragraphs (b), (c), (e), (f), (g), (h), (j), (k), and (l) of subsection (5), subsection (6), paragraph (a) of subsection (7), and paragraph (c) of subsection (9) of section 440.102, Florida Statutes, are amended to read:
59 Section 1. Present subsections (13) through (17) of section 112.0455, Florida Statutes, are redesignated as subsections (14) through (18), respectively, a new subsection (13) is added to that section, and paragraph (b) of subsection (6) and paragraph (a) of present subsection (15) are amended, to read:
112.0455 Drug-Free Workplace Act.— (6) NOTICE TO EMPLOYEES.— (b) Prior to testing, all employees and job applicants for employment shall be given a written policy statement from the employer which contains:
1. A general statement of the employer’s policy on employee drug use, which shall identify:
a. The types of testing an employee or job applicant may be required to submit to, including reasonable suspicion or other basis;
and b. The actions the employer may take against an employee or job applicant on the basis of a positive confirmed drug test result.
2. A statement advising the employee or job applicant of the existence of this section.
3. A general statement concerning confidentiality.
4. Procedures for employees and job applicants to confidentially report the use of prescription or nonprescription medications both before and after being tested.
Additionally, employees and job applicants shall receive notice of the most common medications by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test.
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A list of such medications shall be developed by the Agency for Health Care Administration.
5. The consequences of refusing to submit to a drug test.
6. Names, addresses, and telephone numbers of employee assistance programs and local alcohol and drug rehabilitation programs.
7. A statement that an employee or job applicant who receives a positive confirmed drug test result may contest or explain the result to the employer within 5 working days after written notification of the positive test result.
If an employee or job applicant’s explanation or challenge is unsatisfactory to the employer, the person may contest the drug test result as provided by subsections (15) (14) and (16) (15).
8. A statement informing the employee or job applicant of his or her responsibility to notify the laboratory of any administrative or civil actions brought pursuant to this section.
9. A list of all drugs for which the employer will test, described by brand names or common names, as applicable, as well as by chemical names.
10. A statement regarding any applicable collective bargaining agreement or contract and the right to appeal to the Public Employees Relations Commission.
11. A statement notifying employees and job applicants of their right to consult the testing laboratory for technical information regarding prescription and nonprescription medication.
(13) DRUG-TESTING STANDARDS;
SAMPLE VALIDITY PRESCREENING.
Before a drug testing facility licensed under part II of chapter 408 may perform any drug-screening test on a urine specimen collected in this state, prescreening tests must be performed to determine the validity of the specimen.
The prescreening tests must be capable of detecting, or detecting and defeating, novel or emerging urine drug testing subversion technologies as described in this subsection.
(a) The drug-testing facility shall use urine sample validity screening tests that meet all of the following criteria:
1. A urine sample validity screening test for creatinine must use a 20 mg/dL cutoff concentration and must have minimal interferences from bilirubin and blood in the urine.
The urine sample validity screening test must be able to discriminate between a creatinine level from an unadulterated urine sample and a creatinine level arising from overhydration or creatine or protein loading.
2. A urine sample validity screening test for oxidants must be able to detect the presence or effects of oxidant adulterants up to 6 days after sample collection, under the sample storage conditions outlined in the laboratory standards guideline adopted by rule by the Agency for Health Care Administration, and after any sample transport that is routinely involved.
3. Urine sample validity screening tests must be able to detect synthetic or freeze-dried urine substituted for the donor’s urine for drug testing.
4. Urine sample validity screening tests must be validated for the detection of all of the additional adulterant classes represented by glutaraldehyde, salt, heavy metals, cationic detergents, protease, strong alkaline buffers, and strong acidic buffers.
The detection limits of these classes must be at a sufficient level to detect a nonphysiologic sample or interference with enzyme immunoassay drug screening tests.
(b) The drug-testing facility may only use urine sample validity screening tests that have undergone validation studies conducted by the manufacturer to document the product’s conformance to the requirements of this subsection.
(c) A drug-testing facility may rely on urine sample validity screening tests to determine if confirmation testing is required for any urine sample that has been deemed invalid for drug screening.
(d) Urine specimens collected in this state may not be sent for drug screening tests to a drug-testing facility located outside of this state unless such drug testing facility complies with all requirements of this subsection.
(e) The Agency for Health Care Administration shall adopt rules necessary for the implementation and enforcement of this subsection.
(16)(15) NONDISCIPLINE REMEDIES.— (a) Any person alleging a violation of the provisions of this section, who that is not remediable by the commission or an arbitrator pursuant to subsection (15) (14), must institute a civil action for injunctive relief or damages, or both, in a court of competent jurisdiction within 180 days of the alleged violation, or be barred from obtaining the following relief.
Relief is limited to:
1. An order restraining the continued violation of this section.
2. An award of the costs of litigation, expert witness fees, reasonable attorney’s fees, and noneconomic damages provided that damages shall be limited to the recovery of damages directly resulting from injury or loss caused by each violation of this section.
Section 2. Present subsections (9) through (15) of section 440.102, Florida Statutes, are redesignated as subsections (10) through (16), respectively, a new subsection (9) is added to that section, and paragraphs (c), (e), and (q) of subsection (1), paragraph (a) of subsection (3), paragraph (a) of subsection (4), paragraphs (b) through (h), (j), (k), and (l) of subsection (5), subsection (6), paragraph (a) of subsection (7), and paragraphs (b) and (c) of present subsection (9) of that section are amended, to read:
In the case of testing for the presence of alcohol, the test shall be conducted in accordance with the United States Department of Transportation alcohol testing procedures authorized under 49 C.F.R.
In the case of testing for the presence of alcohol, the test must be conducted in accordance with the United States Department of Transportation alcohol testing procedures authorized under 49 C.F.R.
If followup testing is required, it must be conducted at least six times in the first year, and may be conducted twice for 1 additional year once a year for a 2 year period after completion of the program.
If followup testing is required, it must be conducted at least 6 times in the first year, and may be conducted twice for 1 additional year once a year for a 2-year period after completion of the program.
(d) Each confirmation test conducted under this section, not including the taking or collecting of a specimen to be tested, shall be conducted by a licensed or certified laboratory as described in subsection (10) (9).
A hair specimen may be collected and packaged by a person who has been trained and certified by a drug testing laboratory.
A hair specimen may be collected and packaged by a person who has been trained and certified by a drug-testing laboratory.
(f) A person who collects or takes a specimen for a drug test shall collect an amount sufficient for two independent drug tests, one to screen the specimen and one for confirmation of the screening results, at a laboratory as determined by the Agency for Health Care Administration.
(f) A person who collects or takes a specimen for a drug test shall collect an amount sufficient for two independent drug tests, one to screen the specimen and one for confirmation of the screening test results, at a laboratory as determined by the Agency for Health Care Administration.
(9) DRUG-TESTING STANDARDS FOR LABORATORIES.— (c) A laboratory shall disclose to the medical review officer a written positive confirmed test result report within 7 working days after receipt of the sample.
(9) DRUG-TESTING STANDARDS;
SAMPLE VALIDITY PRESCREENING.
Before a drug-testing facility licensed under part II of chapter 408 may perform any drug screening test on a urine specimen collected in this state, prescreening tests must be performed to determine the validity of the specimen.
The prescreening tests must be capable of detecting, or detecting and defeating, novel or emerging urine drug-testing subversion technologies as described in this subsection.
(a) The drug-testing facility shall use urine sample validity screening tests that meet all of the following criteria:
1. A urine sample validity screening test for creatinine must use a 20 mg/dL cutoff concentration and must have minimal interferences from bilirubin and blood in the urine.
The urine sample validity screening test must be able to discriminate between a creatinine level from an unadulterated urine sample and a creatinine level arising from overhydration or creatine or protein loading.
2. A urine sample validity screening test for oxidants must be able to detect the presence or effects of oxidant adulterants up to 6 days after sample collection, under the sample storage conditions outlined in the laboratory standards guideline adopted by rule by the Agency for Health Care Administration, and after any sample transport that is routinely involved.
3. Urine sample validity screening tests must be able to detect synthetic or freeze-dried urine substituted for the donor’s urine for drug testing.
4. Urine sample validity screening tests must be validated for the detection of all of the additional adulterant classes represented by glutaraldehyde, salt, heavy metals, cationic detergents, protease, strong alkaline buffers, and strong acidic buffers.
The detection limits of these classes must be at a sufficient level to detect a nonphysiologic sample or interference with enzyme immunoassay drug-screening tests.
(b) The drug-testing facility may only use urine sample validity screening tests that have undergone validation studies conducted by the manufacturer to document the product’s conformance to the requirements of this subsection.
(c) A drug-testing facility may rely on urine sample validity screening tests to determine if confirmation testing is required for any urine sample that has been deemed invalid for drug screening.
(d) Urine specimens collected in this state may not be sent for drug-screening tests to a drug-testing facility located outside of this state unless such drug testing facility complies with all requirements of this subsection.
(e) The Agency for Health Care Administration shall adopt rules necessary for the implementation and enforcement of this subsection.
(10)(9) DRUG-TESTING STANDARDS FOR LABORATORIES.— (b) A laboratory may analyze initial or confirmation test specimens only if:
1. The laboratory obtains a license under part II of chapter 408 and s.
112.0455(18) s.
112.0455(17).
Each applicant for licensure and each licensee must comply with all requirements of this section, part II of chapter 408, and applicable rules.
2. The laboratory has written procedures to ensure the chain of custody.
3. The laboratory follows proper quality control procedures, including, but not limited to:
a. The use of internal quality controls, including the use of samples of known concentrations which are used to check the performance and calibration of testing equipment, and periodic use of blind samples for overall accuracy.
b. An internal review and certification process for drug test results, conducted by a person qualified to perform that function in the testing laboratory.
c. Security measures implemented by the testing laboratory to preclude adulteration of specimens and drug test results.
d. Other necessary and proper actions taken to ensure reliable and accurate drug test results.
(c) A laboratory shall disclose to the medical review officer a written positive confirmed test result report within 7 working days after receipt of the sample.
290 A report must not disclose the presence or absence of any drug other than a specific drug and its metabolites listed pursuant to this section.
530 A report must not disclose the presence or absence of any drug other than a specific drug and its metabolites listed pursuant to this section.
Section 2. This act shall take effect July 1, 2019.
Section 3. Paragraph (b) of subsection (11) of section 443.101, Florida Statutes, is amended to read:
443.101 Disqualification for benefits.—An individual shall be disqualified for benefits:
(11) If an individual is discharged from employment for drug use as evidenced by a positive, confirmed drug test as provided in paragraph (1)(d), or is rejected for offered employment because of a positive, confirmed drug test as provided in paragraph (2)(c), test results and chain of custody documentation provided to the employer by a licensed and approved drug-testing laboratory is self-authenticating and admissible in reemployment assistance hearings, and such evidence creates a rebuttable presumption that the individual used, or was using, controlled substances, subject to the following conditions:
(b) Only laboratories licensed and approved as provided in s.
440.102(10) s.
440.102(9), or as provided by equivalent or more stringent licensing requirements established by federal law or regulation may perform the drug tests.
Section 4. This act shall take effect July 1, 2019.
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Action History

  1. Died in Judiciary

  2. Indefinitely postponed and withdrawn from consideration

  3. CS by Commerce and Tourism read 1st time

  4. Now in Judiciary

  5. Remaining references corrected to Judiciary; Appropriations Subcommittee on Health and Human Services; Appropriations

  6. Original reference(s) removed: Rules

  7. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  8. CS by Commerce and Tourism; YEAS 5 NAYS 0

  9. On Committee agenda-- Commerce and Tourism, 03/18/19, 1:30 pm, 110 Senate Building

  10. Introduced

  11. Referred to Commerce and Tourism; Judiciary; Rules

  12. Filed

Sponsors

  • Baxley · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Baxley

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 890?
SB 890 is sponsored by Baxley.
What is the current status of SB 890?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 890?
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