Florida Statute 440.101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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.

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Amendments to 440.101

Annotations, Discussions, Cases:

Cases Citing Statute 440.101

Total Results: 8

Hall v. Recchi America Inc.

671 So. 2d 197, 1996 WL 117024

District Court of Appeal of Florida | Filed: Mar 19, 1996 | Docket: 1672003

Cited 6 times | Published

...Recchi America established its drug and alcohol policy on April 1, 1991, nine months after the effective date of the workers' compensation drug-free workplace statutes, and three months after passage of the enabling division rules. See §§ 440.09(3), 440.09(7), 440.101, 440.102, Fla.Stat....

...resumption. Markham v. Fogg, 458 So.2d 1122, 1125 (Fla.1984); Bass v. General Dev. Corp., 374 So.2d 479, 484 (Fla.1979). As to the first prong of the due process test, the concern of the legislature regarding drug use in the workplace is reasonable. Section 440.101, Florida Statutes (1991), provides that "[i]t 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 co...

...elays, and tragedies associated with work-related accidents resulting from drug abuse by employees." As to the *201 second prong of the due process test, there is a reasonable basis to conclude that the statute would deter drug use in the workplace. Section 440.101 provides that it is "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." The conclusiv...

...The workers' compensation drug-free workplace statutes are designed to accomplish twin goals: discouraging drug *202 abuse and maximizing industrial productivity by eliminating "the costs, delays, and tragedies associated with work-related accidents resulting from drug abuse by employees." § 440.101, Fla.Stat....

Ago

Florida Attorney General Reports | Filed: Nov 5, 1996 | Docket: 3256229

Published

rule of the Governor and Cabinet. . . ." 8 Section 440.101(1), Fla. Stat. 9 Section 440.102(1)(h), Fla

Hudson v. City of Riviera Beach

982 F. Supp. 2d 1318, 2013 WL 6017282, 2013 U.S. Dist. LEXIS 161799

District Court, S.D. Florida | Filed: Nov 13, 2013 | Docket: 65995475

Published

resulting from drug abuse by employees. Fla. Stat. § 440.101. While it is clear that the Florida legislature

Ago

Florida Attorney General Reports | Filed: Jun 5, 1998 | Docket: 3258061

Published

compensation program described above. Pursuant to section 440.101, Florida Statutes, it was the intent of the

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

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

District Court of Appeal of Florida | Filed: Jun 17, 1997 | Docket: 64775119

Published

were enacted “to promote drug-free workplaces.” § 440.101(1), Fla. Stat. (1995). In order to implement a

Gustafson's Dairy, Inc. v. Phillips

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

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 64757480

Published

program and all benefits were barred pursuant to section 440.101, Florida Statutes (1991), or, in the alternative

Van Duyn v. Truck Driver Services, Inc.

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

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 64812054

Published

that the statutory forfeiture of benefits in section 440.101(2), Florida Statutes (1997), is not applicable

Mira Group, Inc. v. Duran

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

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 64793810

Published

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.