HB 689 — Employer Immunity from Civil Liability

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 689 2026 A bill to be entitled An act relating to employer immunity from civil liability;

providing employersdefinitions; with immunity from civil liability for actions taken against a current or prospective employee under certain circumstances;

providing employers with immunity from civil liability for adverse personnel actions taken against an employee or job applicant under certain circumstances;

381.986 Medical use of marijuana.— (16) IMMUNITY FROM CIVIL LIABILITY.—AnLIABILITY.— employer(a) whoFor takes action against a current or prospective employee based on the employee'spurposes possession or use of marijuanathis issubsection, immunethe fromterm: civil liability if:

(a)1. The possession or use of marijuana occurs on a workplace site;

(b)"Adverse Thepersonnel useaction" ofmeans marijuana impairs the employee'srefusal ability to performhire hisa orjob herapplicant; employment duties or responsibilities;

orthe (c)discharge, Thesuspension, currenttransfer, or prospectivedemotion employee tests positive for marijuana upon submitting to a drug test administered in Page 1 of 2an CODING:employee;

or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee or job applicant within the terms and conditions of employment held or offered.

2.

"Confirmed drug test," "drug test," "employee assistance program," "job applicant," and "reasonable suspicion Page 1 of 3 CODING:

hb689-00hb689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 689 2026 accordancedrug withtest" have the requirementssame ofmeanings as in s.

112.0455.112.0455(5).

Section(b) 2.An employer who takes adverse personnel action against an employee or job applicant based on such person's possession or use of marijuana is immune from civil liability for such action if:

1.

The possession or use of marijuana occurs on a workplace site;

2.

The use of marijuana impairs an employee's ability to perform his or her employment duties or responsibilities;

or 3.

The employee or job applicant refuses to test or tests positive for marijuana with respect to any of the following types of drug tests, as long as the requirements of s.

112.0455 or s.

440.102, as applicable, are met:

a.

Job applicant testing, where an employer requires a job applicant to submit to a drug test and uses a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire the job applicant.

b.

Reasonable suspicion testing, where an employer requires an employee to submit to a reasonable suspicion drug test.

c.

Followup testing, where the employee in the course of employment enters an employee assistance program for drug- related problems or an alcohol and drug rehabilitation program, and the employer requires the employee to submit to a drug test as a followup to such program.

Page 2 of 3 CODING:

Words stricken are deletions;

words underlined are additions.

hb689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 689 2026 Section 2.

Page 23 of 23 CODING:

hb689-00hb689-01-c1