The bill amends section 381.986 of the Florida Statutes to provide employers with immunity from civil liability for adverse personnel actions taken against employees or job applicants under specific circumstances related to marijuana use. A new subsection (16) is added, defining "adverse personnel action" to include actions such as refusal to hire, discharge, suspension, transfer, demotion, or withholding of bonuses and benefits. The bill also clarifies terms related to drug testing, aligning them with existing definitions in section 112.0455(5).
Under the new provisions, employers are granted immunity if they take adverse actions based on an employee's or job applicant's possession or use of marijuana, provided that the use occurs on the workplace site, impairs the employee's job performance, or if the individual refuses to test or tests positive for marijuana. The bill outlines specific scenarios for drug testing, including job applicant testing, reasonable suspicion testing, and follow-up testing for those in rehabilitation programs. The act is set to take effect on July 1, 2026.