THE BILL ITSELF
CS/HB 689
Employer Immunity from Civil Liability
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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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definitions; providing employers with immunity from
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civil liability for adverse personnel actions taken
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against an employee or job applicant under certain
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circumstances; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (16) and (17) of section 381.986,
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Florida Statutes, are renumbered as subsections (17) and (18),
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respectively, and a new subsection (16) is added to that
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section, to read:
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381.986 Medical use of marijuana.—
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(16) IMMUNITY FROM CIVIL LIABILITY.—
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(a) For the purposes of this subsection, the term:
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1. "Adverse personnel action" means the refusal to hire a
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job applicant; the discharge, suspension, transfer, or demotion
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of an employee; or the withholding of bonuses, the reduction in
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salary or benefits, or any other adverse action taken against an
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employee or job applicant within the terms and conditions of
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employment held or offered.
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2. "Confirmed drug test," "drug test," "employee
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assistance program," "job applicant," and "reasonable suspicion
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drug test" have the same meanings as in s. 112.0455(5).
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(b) An employer who takes adverse personnel action against
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an employee or job applicant based on such person's possession
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or use of marijuana is immune from civil liability for such
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action if:
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1. The possession or use of marijuana occurs on a
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workplace site;
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2. The use of marijuana impairs an employee's ability to
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perform his or her employment duties or responsibilities; or
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3. The employee or job applicant refuses to test or tests
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positive for marijuana with respect to any of the following
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types of drug tests, as long as the requirements of s. 112.0455
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or s. 440.102, as applicable, are met:
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a. Job applicant testing, where an employer requires a job
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applicant to submit to a drug test and uses a refusal to submit
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to a drug test or a positive confirmed drug test as a basis for
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refusing to hire the job applicant.
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b. Reasonable suspicion testing, where an employer
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requires an employee to submit to a reasonable suspicion drug
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test.
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c. Followup testing, where the employee in the course of
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employment enters an employee assistance program for drug-
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related problems or an alcohol and drug rehabilitation program,
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and the employer requires the employee to submit to a drug test
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as a followup to such program.
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Section 2. This act shall take effect July 1, 2026.