THE BILL ITSELF
SB 1702
Employer Immunity from Civil Liability
Florida Senate - 2026 SB 1702 By Senator Martin 33-01470A-26 20261702__
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A bill to be entitled
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An act relating to employer immunity from civil
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liability; amending s. 381.986, F.S.; providing
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employers with immunity from civil liability for
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actions taken against a current or prospective
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employee under certain circumstances; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (16) and (17) of section
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381.986, Florida Statutes, are redesignated as subsections (17)
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and (18), respectively, and a new subsection (16) is added to
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that section, to read:
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381.986 Medical use of marijuana.—
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(16) IMMUNITY FROM CIVIL LIABILITY.—An employer that takes
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action against a current or prospective employee based on the
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employee’s possession or use of marijuana is immune from civil
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liability if:
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(a)1. The possession or use of marijuana occurs on a
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workplace site; or
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2. The current or prospective employee tests positive for
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marijuana upon submitting to a drug test administered in
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accordance with the requirements of s. 112.0455; and
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(b) The use of marijuana impairs the employee’s ability to
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perform his or her employment duties or responsibilities.
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Section 2. This act shall take effect July 1, 2026.