Privacy Law Library

Drug-Free Workplace Program: Confidentiality of Employee Drug Test Information

Florida Drug-Free Workplace Confidentiality

Employees · Health

Sets rules for employers that choose Florida's drug-free workplace program. Employers must give employees and applicants a written policy before testing, and drug-test information is confidential and may be released only with the tested person's signed written consent or when compelled in listed proceedings.

Where
Florida
Citation
Fla. Stat. 440.102
Status
In force
Enforced by
Florida Department of Financial Services (Division of Workers' Compensation); Agency for Health Care Administration (laboratories)
People can sue
No
Penalties
No specific penalty reviewed; noncompliance can cost the employer program benefits.
Applies to
  • Employers that adopt a drug-free workplace program under s. 440.102 to qualify for workers' compensation premium discounts and benefit defenses, and their laboratories, medical review officers, and employee assistance programs (440.102(2), (8))

What a privacy notice must say

  • Before testing, give all employees and job applicants a one-time written policy covering the types of testing, possible consequences of a positive result, confidentiality, and how to confidentially report medications to a medical review officer.Fla. Stat. 440.102(3)(a) · Only if: Only employers participating in the drug-free workplace program

Practices it requires

  • Do not release drug test information without the tested person's voluntary signed written consent that names the recipient and the purpose, unless compelled by an administrative law judge, hearing officer, court, or licensing board as the section allows.Fla. Stat. 440.102(8)(b) · Only if: Only employers participating in the drug-free workplace program
  • Treat drug-testing program records and results as confidential and inadmissible in public or private proceedings except as the section allows.Fla. Stat. 440.102(8)(a)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Latest amendment appears to be ch. 2019-159 per the statute history; its effective date was not confirmed. Original enactment was ch. 90-201.

Research reference, not legal advice.