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Florida Drug Testing

Last updated : November 18, 2024

We’ve got you covered with thousands of Florida drug testing locations.
We also provide all types of employee drug testing.

We offer a variety of standard test panels, such as the 5 panel, 9, 10, or 12 panel drug tests to aid employers who choose more comprehensive testing. We use the latest drug testing technology available in the industry. Furthermore, all our labs are SAMHSA certified as required by Florida’s Drug-Free Workplace program.

Call us at 800-851-2021 to schedule a Florida drug test now!

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Florida drug testing locations

Don’t worry if your city isn’t listed. Just call 800-851-2021. We’ll be happy to assist you in finding a location nearby. However—and we’re sure to mention it during the conversation—you might decide to have us come to you instead.

That’s right. You’ll never have to search for “drug testing near me” again! We’ll send a mobile collection specialist to your location, anywhere throughout the state— 24/7/365.

Employees on the job site? We’ll find them.

Night shift coming due for the annual fitness-for-duty drug test? Why not have us show up during their shift rather than interrupting their sleep schedule to report for testing during normal business hours? The phrase “drug testing near me” takes on an entirely new meaning when the test rolls right up to your location, doesn’t it?

We offer employee education classes, management training, and DOT services. We can also create your company’s drug-free program. We’ll even customize your policies to specifically meet the needs of your business.

Florida drug testing laws

Florida legislation doesn’t mandate employee drug testing in the workplace. Florida’s Drug-Free Workplace Act establishes certain procedures for employers to follow when conducting pre-employment, reasonable suspicion, follow-up, and routine fitness-for-duty drug testing though. The government then offers those that comply a discount on workers’ compensation premiums.

In addition, the Florida Drug-Free Workplace program restricts employers from using the mouth swab test. There are no restrictions on an employer that uses the hair follicle or urine drug test.

Moreover, employers may be able to deny workers’ compensation benefits to any employee who refuses to submit to drug or alcohol testing, or who tests positive for drugs or alcohol following a workers’ compensation-related injury in the workplace.

Drug and alcohol testing is sometimes affected by the Americans with Disabilities Act. Disability-related inquiries and medical examinations of employees must be “job-related and consistent with business necessity.” For instance, the ADA considers alcoholism a disability. Subsequently, an employer must have reasonable suspicion to conduct a blood, urine or breath analysis to test for alcohol use.

However, the ADA doesn’t recognize illegal drug use as a disability.

The drug-free workplace

Section 112.0455, F.S. doesn’t require agencies to have a drug-free workplace policy. However, if a company doesn’t have a policy in place, the employer must give employees 60 days notice prior to beginning employee drug testing—unless there is reasonable suspicion involved.

Drug-free programs promote a safe workplace. In fact, Florida’s governor, past and present, chose to lead by example in promoting the importance of enforcing policies and practices to combat drug abuse on all fronts.

  • Then—Governor’s Code of Ethics issued January 22, 1999 states that all Secretaries and Deputy Secretaries of executive agencies under the purview of the Governor receive pre-employment drug tests.
  • Now—An estimated seventeen people die every day in Florida due to opioids. To combat the opioid epidemic plaguing our state, in April 2019, Governor Ron DeSantis reestablished the Florida Office of Drug Control creating a task force to address substance abuse.

Types of workplace drug testing

In order to comply with the Florida Workers’ Compensation Drug-Free Workplace Program, an employer may choose to conduct the following types of drug tests:

Pre-employment

Once an applicant has been offered a job, they must be tested. However, they may begin work pending the results of the drug test. Limited testing of applicants, based on a reasonable job classification basis, is allowed.

Reasonable suspicion

Drug tests must be conducted following any observed behavior creating “reasonable suspicion.” These behaviors must be clearly defined in the policy. Some examples of reasonable suspicion might include:

  • Direct observation of drug or alcohol use, or the symptoms of being under the influence of a drug or alcohol.
  • Abnormal behavior while at work or a significant deterioration in work performance. Such behaviors should be properly documented in the event that an employee contests the accusation.
  • A report of drug use provided by a reliable and credible source.
  • Evidence that an individual has tampered with a drug test while working for you.
  • Information that an employee has caused or been involved in an accident while at work.
  • Evidence that an employee has used, possessed, sold, or solicited drugs while working or while on the employer’s premises or while operating the employer’s vehicle or equipment.
  • If the testing is conducted on a “reasonable suspicion” basis, the employer must promptly record the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. Any documentation the employers have noted about an employee’s behavior must also be provided to the employee upon request.

Follow-up

If an employer requires an employee to enter a drug rehabilitation program as a condition of continued employment after a confirmed, positive drug test, the employee must then submit to random drug testing, at least once per year for a two-year period after completion of the program. Advance notice of the testing date must not be given to the employee. Also notable, if the employee voluntarily enters the program, the employer has the option to not require follow-up testing.

Routine fitness-for-duty

If annual physical fitness for duty examinations are required, these examinations must include drug testing.

Random drug testing

An employer may conduct random drug testing on employees.

Basic rights for employees

Employers who decide to begin drug testing must give employees a 60-day notice in writing of the intent to drug test.

If an employee tests positive, he or she has five days to contest or explain the result. Employers may not terminate an employee who tests positive initially until a confirmation test has been conducted and the case is reviewed by a medical officer.

Employees who voluntarily seek treatment for substance abuse for the first time cannot be fired, disciplined, or discriminated against.

Furthermore, an employer who implements a Drug-Free Workplace Program and becomes a certified drug-free workplace may be protected from workplace accidents that are a result of employees working under the influence of drugs or alcohol.

Why have a drug-free workplace policy?

Studies have shown that a well-planned program reduces substance abuse and can increase productivity, reduce accidents, and decrease costs due to insurance claims. Moreover, all employees become more aware of the importance of safety in the workplace. Therefore, everyone benefits from a safer work environment. 

An employer implementing this program will also receive additional benefits:

  • If an employee incurs a work-related injury and refuses to take a drug test when requested, the injured employee may forfeit eligibility for workers’ compensation benefits, regardless of the cause of the accident.
  • An employee who loses a job or is denied employment as a result of a positive drug/alcohol test, may not qualify for unemployment compensation benefits. In that case, the contributory employer could be relieved of charges in connection with the unemployment claim.
  • If drugs are found in the employee’s system at or above threshold levels, the injured employee may not be entitled to workers’ compensation benefits. This applies to employers who are certified and in compliance with the program. If the employer is not certified as a drug-free workplace, and the injured employee is able to show that the cause of the accident was not related to the presence of drugs in his or her system, he or she may still be entitled to benefits.
  • Employers who do properly implement a Drug-Free Workplace Program may be eligible for a 5 percent credit to their workers’ compensation insurance premium.

Where does marijuana fit in?

Florida marijuana laws are among the strictest in the nation and, due to the conservative control of the state’s Senate, it’s unlikely that will change any time soon. So, if an act of the legislature is going to legalize recreational marijuana, the only option is a ballot initiative. If a ballot initiative petition circulates and collects enough signatures, a vote on the matter could take place on election day in November 2020.

Medical marijuana

Medical marijuana laws in Florida allow patients with certain conditions to legally obtain the drug for specific medical conditions.

Such as:

  • Crohn’s disease
  • Epilepsy
  • HIV/AIDS
  • Parkinson’s disease
  • Post-traumatic stress disorder
  • Seizures
  • Terminal illness

Despite the fact that medical marijuana use is legal, the law protects employers in that nothing in the workplace changes. If an employee is using medical marijuana legally and pops positive on a drug test, the employer has the right to follow company policy in place in regard to positive drug tests.

Most likely, the employee loses their job.

Drug testing methods

There are three primary methods used for employee drug testing.

  • Hair follicle
  • Urine
  • Mouth swab tests

It’s also possible to drug test employees using a blood test, however, it’s extremely rare. They’re expensive, extremely intrusive, and must be performed by trained medical personnel under proper medical conditions. Blood tests may be named for post-accident testing, however, as they identify the parent drug and, therefore, can determine current impairment. This is useful information for investigators trying to determine the accident’s cause and who’s responsible.

All test samples, meaning hair, urine, and saliva, undergo an immunoassay (IA) test first. Subsequently, those testing positive go on for a second test to confirm the results. The gas chromatography/mass spectrometry (GC/MS) test identifies the drug level contained in the specimen as well.

Mouth swab test

We mentioned above that if an employer participates in Florida’s Drug-Free Workplace program, restrictions bar them from implementing the use of a mouth swab drug test. Even so, employers not participating in the government program are free to choose them. Mouth swab drug tests identify recent drug use. The detection period begins just minutes after use in most cases and, depending on the drug, identifies drugs in the system for up to 72 hours prior to the test.

It’s impossible to fake these test results. The employee is unable to switch the sample as they never leave the administrator’s sight. Moreover, products claiming to “detoxify” the system are misrepresenting themselves because the body naturally cleanses itself at its own pace. Lastly, there’s no way to strip the drug metabolites from the saliva.

Urine test

By far, the most widely used drug test on the market is the urine test. They’re cost-effective, accurate, and, to be honest, although considered intrusive, they’re the ones employees expect upon learning there will be “a test.”

The range of detection varies from within a few hours of use up to a few days or weeks, depending on the drug itself. Heavy marijuana users, however, may test positive for over thirty days.

Employers receive results in less than a week.

Hair follicle drug test

The hair follicle drug test affords employers the longest detection period justifying its cost for many employers. This test identifies any and all drug use for a ninety-day period. In fact, there’s no limit as to the length of time the hair test identifies drug use.

Drug metabolites store themselves all over the body until excreted. Those stored in the hair follicle don’t get too far away. They grow out into the hair shaft infusing themselves with the hair. Consequently, they remain there leaving a permanent record of drug use.

Human hair grows about half an inch every month. Hair samples are cut to a standard test length of one and one-half inches, thus, establishing the ninety-day window.

There are instances when a court order requests a longer period of detection. Laboratories can easily accommodate the request by increasing the length of the hair sample.

It takes about a week to receive results.

Drug identification

USA Mobile Drug Testing uses the above methods to identify all types of drugs. Unless regulated by the DOT or some other entity, employers are free to choose the drugs included in the company drug test.

We identify amphetamines and methamphetamines within our amphetamine test panel. THC identifies medical marijuana users and even CBD use when the product contains high levels of THC hidden within them due to poor extraction processes.

However, the opiate panel does not identify synthetic opioids, such as hydrocodone and oxycodone. Employers can add an extended opiate panel to the test to identify them though.

We also have the capability to identify “specialty” drugs, like bath salts or steroids, for instance. We have a panel to identify synthetic marijuana too.

Detection windows

We’ve established that the amount of time that a drug remains in the system is dependent on the drug itself. Subsequently, even those detection windows vary.

So, why is that?

There are several factors that play a part in the length of time that specific drugs can be identified in the body.

  • Genetics—The speed at which your body metabolizes everything is unique to your genetic makeup. Therefore, our DNA has everything to do with it.
  • Dosage and frequency—It makes sense that the amount of drug ingested and how often it’s taken determine the amount of time it remains in the system. For example, someone that uses drugs once in a great while versus someone with an addiction.
  • Body Mass Index—Your height, weight, and fat cell ratio play a part in how and where drug metabolites are stored. For instance, heavier people may retain drug metabolites in the system longer because those stored in fat cells take longer to clear.
  • Age—Younger people tend to metabolize things faster than older people.

DOT Information

The Department of Transportation was created to ensure the general public’s right to safe passage. It regulates the industries that transport people and products.

  • Federal Motor Carrier Safety Administration
  • Federal Railroad Administration
  • Federal Aviation Administration
  • Federal Transit Administration
  • United States Coastguard
  • Pipeline and Hazardous Materials Safety Administration

Part of the regulations includes employee drug testing.

DOT drug test

It won’t be much longer and the DOT will be changing from the urine drug test to the hair follicle test. At this time, an official request is circulating through the chain of command and is not expected to meet with resistance at any point.

This is the second change the DOT has made to its drug testing regulations in the past few years. In January 2019, it extended the opiate panel to include four synthetic opioids.

  • Oxycodone
  • Oxymorphone
  • Hydrocodone
  • Hydromorphone

Physicians heavily prescribed these prescription painkillers until realizing their high potential for addiction. By then, however, the damage had been done and addiction to these drugs was and is running rampant through our country.

The trucking industry stands behind the DOT’s decision to use the hair follicle test. In fact, some employers in the industry incur the additional cost of using both the DOT drug test and the hair follicle test as well.

Moreover, the Department of Transportation (DOT) has proposed changes to its drug testing policy to include mouth swab testing. The proposals were published on Monday, February 28th, 2022. The proposal is aimed at saving employers in the trucking industry time and money because the mouth swab test is completed in minutes getting the driver back out on the road in the least amount of time.

FMCSA Clearinghouse

Beginning January 6, 2023, employers are no longer required to query both the FMCSA Clearinghouse and previous employers (for a three-year period) on all potential drivers to search for unresolved drug or alcohol violations. As of that date, an accurate and “real-time” database was determined to be established. Employers need only access the Clearinghouse when hiring new employees.

Employers are required to report any drug or alcohol violations to the database within 3 business days. They may designate their C/TPA to handle testing and reporting on their behalf.

Drug Testing FAQs

If I take my medical marijuana card with me to the drug test, will I be excused when it shows up in my system?

No. Employers hold the right here, in Florida, to follow company policy in regard to a positive THC result on an employee drug test in regard to medical marijuana use. Subsequently, that often means employee termination.

Can I dispute a drug test result if my employer used a mouth swab test? Won’t they get in trouble for that?

Employers that utilize a mouth swab drug test can’t participate in Florida’s drug-free workplace program. The program offers employers a discount on their workers’ comp insurance rates when they remain in compliance. Employers that don’t participate in the program are free to use this method of testing.

Can I access the Clearinghouse and see if there’s any information there about me?

Yes. Drivers can register with the Clearinghouse and are free to access it at any time, no charge.

I’m an owner-operator so does that mean that I query myself?

The FMCSA requires that all drivers be queried once a year. However, you need to have your C/TPA (consortium/third-party administrator) handle the particulars for you. If you’ve already registered with the Clearinghouse, you’ve probably designated them to access the database on your behalf already.

I have a prescription for my oxy—my back’s in really bad shape—that’s going to keep me in the clear, right?

If you’re holding a safety-sensitive position, the DOT makes it technically possible. You’ll have a chance to provide medical evidence for your claim. But, just a prescription isn’t going to do the trick. Your doctor needs to contact the MRO to discuss alternatives. If none can be decided upon, the doctor needs to state that in writing and verify that you are able to function normally while under the influence of the painkiller.

Ultimately, though, the decision is left up to your employer. It’s a pretty big risk for them to incur, so we wouldn’t count on it being approved.

Can I admit that I have a problem with drugs to my employer and keep my job?

Florida protects employees that realize they have a problem with drugs or alcohol and seek rehabilitation on their own. It must be the first time you have sought help. In that case, employers of the general workforce may not terminate, discipline, or in any way discriminate against you.

So, if this is the first time that you’ve considered getting help for your problem, do it! Your job will be waiting for you.

Even if it’s not the first time, do it anyway. Enroll in rehab and fight like you’re fighting for your life! We’re rooting for you.

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