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The 2025 Florida Statutes
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F.S. 440.101440.101 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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Annotations, Discussions, Cases:
Cases Citing Statute 440.101
Total Results: 8
671 So. 2d 197, 1996 WL 117024
District Court of Appeal of Florida | Filed: Mar 19, 1996 | Docket: 1672003
Cited 6 times | Published
regarding drug use in the workplace is reasonable. Section 440.101, Florida Statutes (1991), provides that "[i]t
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
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
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
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
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
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
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
