Florida Statute 440.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.101

440.101 Legislative intent; drug-free workplaces.—

(1) It is the intent of the Legislature to promote drug-free workplaces in order that employers in the state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from drug abuse by employees. It is further the intent of the Legislature that drug abuse be discouraged and that employees who choose to engage in drug abuse face the risk of unemployment and the forfeiture of workers’ compensation benefits.

(2) If an employer implements a drug-free workplace program in accordance with s. 440.102 which includes notice, education, and procedural requirements for testing for drugs and alcohol pursuant to law or to rules developed by the Agency for Health Care Administration, the employer may require the employee to submit to a test for the presence of drugs or alcohol and, if a drug or alcohol is found to be present in the employee’s system at a level prescribed by rule adopted pursuant to this act, the employee may be terminated and forfeits his or her eligibility for medical and indemnity benefits. However, a drug-free workplace program must require the employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body and, if an injured employee refuses to submit to a test for drugs or alcohol, the employee forfeits eligibility for medical and indemnity benefits.

History.—s. 12, ch. 90-201; s. 12, ch. 91-1; s. 8, ch. 93-415; s. 2, ch. 96-289; s. 1049, ch. 97-103.

F.S. 440.101 on Google Scholar

F.S. 440.101 on Casetext

Amendments to 440.101

Arrestable Offenses / Crimes under Fla. Stat. 440.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.101.

Annotations, Discussions, Cases:

Cases Citing Statute 440.101

Total Results: 10

Van Duyn v. Truck Driver Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-02-06T00:00:00-08:00

Citation: 805 So. 2d 1107, 2002 Fla. App. LEXIS 1127, 2002 WL 181162

Snippet: the statutory forfeiture of benefits in section 440.101(2), Florida Statutes (1997), is not applicable …place at the time of Van Duyn’s accident. Section 440.101(2), Florida Statutes (1997), provides that [i]f…compensation benefits on the authority of section 440.101(2) after finding she refused “a validly and legally…Duyn submits that the bar to benefits in section 440.101(2) does not apply. The JCC rejected this argument…argument that the bar to benefits provided in section 440.101(2) does not apply because the walk-in clinic employee

Mira Group, Inc. v. Duran

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-08T00:00:00-08:00

Citation: 748 So. 2d 339, 1999 Fla. App. LEXIS 16562, 1999 WL 1111770

Snippet: statutory employer of Duran pursuant to section 440.101 and therefore immune from suit pursuant to section

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Court: Fla. Att'y Gen. | Date Filed: 1998-06-05T00:53:00-07:00

Snippet: municipalities, but the provisions of sections 440.101-440.102, Florida Statutes, may be utilized by a…compensation program described above. Pursuant to section 440.101, Florida Statutes, it was the intent of the Legislature… to a municipality, the provisions of sections 440.101-440.102, Florida Statutes, may be utilized by a…the political subdivision he serves). 8 Section 440.101(1), Fla. Stat. 9 Section 440.102(1)(h), Fla. Stat

Communications Workers of America, Local 3170 v. City of Gainesville

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-17T00:00:00-07:00

Citation: 697 So. 2d 167, 157 L.R.R.M. (BNA) 2243, 1997 Fla. App. LEXIS 6562

Snippet: city personnel “drug-free workplaces.” Sections 440.101 and 440.102, Florida Statutes (1995), were enacted…enacted “to promote drug-free workplaces.” § 440.101(1), Fla. Stat. (1995). In order to implement a “drug-free…abrogated employees’ statutory rights under sections 440.101 and 440.102, Florida Statutes (1995); and, in No

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Court: Fla. Att'y Gen. | Date Filed: 1996-11-04T23:53:00-08:00

Snippet: program described above. Pursuant to section s. 440.101, Florida Statutes, it was the intent of the Legislature…water control district, the provisions of sections 440.101-440.102, Florida Statutes, may be utilized by the…the Governor and Cabinet. . . ." 8 Section 440.101(1), Fla. Stat. 9 Section 440.102(1)(h), Fla. Stat

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Court: Fla. Att'y Gen. | Date Filed: 1996-07-23T00:53:00-07:00

Snippet: not conducted pursuant to the provisions in ss. 440.101 and 440.102, Fla. Stat., therefore, no discussion

Hall v. Recchi America Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-18T23:53:00-08:00

Citation: 671 So. 2d 197

Snippet: enabling division rules. See §§ 440.09(3), 440.09(7), 440.101, 440.102, Fla.Stat. (1991); Ch. 38F-9, Fla.Admin.Code…drug use in the workplace is reasonable. Section 440.101, Florida Statutes (1991), provides that "[…would deter drug use in the workplace. Section 440.101 provides that it is "the intent of the Legislature…resulting from drug abuse by employees." § 440.101, Fla.Stat. (1991). The remaining provisions of

Skf Management v. Unemployment Appeals

Court: Fla. Dist. Ct. App. | Date Filed: 1995-12-14T23:53:00-08:00

Citation: 664 So. 2d 345

Snippet: implemented a drug-free workplace program under ss. 440.101 and 440.102, and must submit proof that the employer

Gustafson's Dairy, Inc. v. Phillips

Court: Fla. Dist. Ct. App. | Date Filed: 1995-07-19T00:00:00-07:00

Citation: 656 So. 2d 1386, 1995 Fla. App. LEXIS 7697, 1995 WL 421034

Snippet: and all benefits were barred pursuant to section 440.101, Florida Statutes (1991), or, in the alternative…section 440.09(3), Florida Statutes (1991). Section 440.101 sets forth the legislative intent regarding drug-free…and that denial of benefits pursuant to section 440.101 was therefore impermissible. We reject the E/C’…compensation” had to be addressed because unlike section 440.101, section 440.09(3) did not provide that both “medical…have used the same terminology used in section 440.101. Because the legislature used different terms in

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Court: Fla. Att'y Gen. | Date Filed: 1991-12-18T23:53:00-08:00

Snippet: workplace program was established. Pursuant to s. 440.101, F.S. (1990 Supp.), it was the intent of the Legislature