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Florida Statute 944.474 - Full Text and Legal Analysis
Florida Statute 944.474 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 944.474 Case Law from Google Scholar Google Search for Amendments to 944.474

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
F.S. 944.474
944.474 Legislative intent; employee wellness program; drug and alcohol testing.
(1) It is the intent of the Legislature that the state correctional system provide a safe and secure environment for both inmates and staff. A healthy workforce is a productive workforce, and security of the state correctional system can best be provided by strong and healthy employees. The Department of Corrections may develop and implement an employee wellness program. The program may include, but is not limited to, wellness education, smoking cessation, nutritional education, and overall health-risk reduction, including the effects of using drugs and alcohol.
(2) An employee of the department may not test positive for illegal use of controlled substances. An employee of the department may not be under the influence of alcohol while on duty. In order to ensure that these prohibitions are adhered to by all employees of the department and notwithstanding s. 112.0455, the department may develop a program for the drug testing of all job applicants and for the random drug testing of all employees. The department may randomly evaluate employees for the contemporaneous use or influence of alcohol through the use of alcohol tests and observation methods. Notwithstanding s. 112.0455, the department may develop a program for the reasonable suspicion drug testing of employees who are in mandatory-testing positions, as defined in s. 440.102(1)(o), or special risk positions, as defined in s. 112.0455(5), for the controlled substances listed in s. 893.03(3)(d). The reasonable suspicion drug testing authorized by this subsection shall be conducted in accordance with s. 112.0455, but may also include testing upon reasonable suspicion based on violent acts or violent behavior of an employee who is on or off duty. The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 that are necessary to administer this subsection.
History.s. 9, ch. 96-312; s. 1, ch. 2006-116; s. 40, ch. 2010-117; s. 3, ch. 2012-8; s. 34, ch. 2016-105.

F.S. 944.474 on Google Scholar

F.S. 944.474 on CourtListener

Amendments to 944.474


Annotations, Discussions, Cases:

Cases Citing Statute 944.474

Total Results: 4

American Federation of State, County and Municipal Employees Council 79 v. Rick Scott

717 F.3d 851, 35 I.E.R. Cas. (BNA) 1273, 2013 WL 2321383, 2013 U.S. App. LEXIS 10786

Court of Appeals for the Eleventh Circuit | Filed: May 29, 2013 | Docket: 897258

Cited 3 times | Published

testing of its employees. See Fla. Stat. § 944.474. The Department of Juvenile Justice (“DJJ”) also

American Federation of State, County and Municipal Employees Council 79 v. Rick Scott

Court of Appeals for the Eleventh Circuit | Filed: May 29, 2013 | Docket: 2903100

Published

suspicionless testing of its employees. See Fla. Stat. § 944.474. The Department of Juvenile Justice (“DJJ”) also

American Federation of State, County & Municipal Employees (AFSCME) Council 79 v. Scott

278 F.R.D. 664, 2011 U.S. Dist. LEXIS 155109, 2011 WL 6157383

District Court, S.D. Florida | Filed: Dec 12, 2011 | Docket: 66046452

Published

bearing” on the constitutionality of Florida Statute § 944.474, which authorizes the Department to “develop a

Ago

Florida Attorney General Reports | Filed: Oct 10, 1996 | Docket: 3257257

Published

Corrections is specifically authorized by section 944.474(2), Florida Statutes (1996 Supplement), to