Florida 2022 Regular Session

Florida House Bill H1247 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to medical marijuana public employee 2
16	16	protection; creating s. 112.219, F.S.; providing 3
17	17	definitions; prohibiting an employer from taking 4
18	18	adverse personnel action against an employee or a job 5
19	19	applicant who is a qualified patient using medical 6
20	20	marijuana; providing exceptions; requiring an employer 7
21	21	to provide written notice of the right of an employee 8
22	22	or job applicant to explain a positive marijuana t est 9
23	23	result within a specified timeframe; providing 10
24	24	procedures when an employee or job applicant tests 11
25	25	positive for marijuana; providing a cause of action 12
26	26	and damages; providing construction; providing an 13
27	27	effective date. 14
28	28	15
29	29	Be It Enacted by the Legislatur e of the State of Florida: 16
30	30	17
31	31	Section 1. Section 112.219, Florida Statutes, is created 18
32	32	to read: 19
33	33	112.219 Medical Marijuana Public Employee Protection Act. — 20
34	34	(1) As used in this section, the term: 21
35	35	(a) "Adverse personnel action" means the refusal to hi re 22
36	36	or employ a qualified patient; the discharge, suspension, 23
37	37	transfer, or demotion of a qualified patient; the mandatory 24
38	38	retirement of a qualified patient; or the discrimination against 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	a qualified patient with respect to compensation, terms, 26
52	52	conditions, or privileges of employment. 27
53	53	(b) "Confirmation test" has the same meaning as in s. 28
54	54	112.0455(5)(d). 29
55	55	(c) "Employee" has the same meaning as in s. 30
56	56	112.0455(5)(g). 31
57	57	(d) "Employer" means a state, regional, county, local, or 32
58	58	municipal government entity, whet her executive, judicial, or 33
59	59	legislative; an official, an officer, a department, a division, 34
60	60	a bureau, a commission, an authority, or a political subdivision 35
61	61	therein; or a public school, community college, or state 36
62	62	university that employs individuals for sa lary, wages, or other 37
63	63	remuneration. 38
64	64	(e) "Job applicant" has the same meaning as in s. 39
65	65	112.0455(5)(f). 40
66	66	(f) "Law enforcement agency" has the same meaning as in s. 41
67	67	908.102. 42
68	68	(g) "Physician certification" has the same meaning as in 43
69	69	s. 381.986(1). 44
70	70	(h) "Qualified patient" has the same meaning as in s. 45
71	71	381.986(1). 46
72	72	(i) "Undue hardship" means an action requiring significant 47
73	73	difficulty or expense, when considered in light of the following 48
74	74	factors: 49
75	75	1. The nature, cost, and duration of the accommodation. 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	2. The overall financial resources of the employer. 51
89	89	3. The overall size of the business of the employer with 52
90	90	respect to the number of employees and the number, type, and 53
91	91	location of the employer's facilities. 54
92	92	4. The effect on expenses and resources or a ny other 55
93	93	impacts of such accommodation upon the operation of the 56
94	94	employer. 57
95	95	(2) An employer may not take adverse personnel action 58
96	96	against an employee or a job applicant who is a qualified 59
97	97	patient using medical marijuana consistent with s. 381.986. 60
98	98	However, an employer may take appropriate adverse personnel 61
99	99	action against an employee if the employer establishes by a 62
100	100	preponderance of the evidence that the lawful use of medical 63
101	101	marijuana is impairing the employee's ability to perform his or 64
102	102	her job responsibilities. For purposes of this subsection, an 65
103	103	employer may consider an employee's ability to perform his or 66
104	104	her job responsibilities to be impaired if the employee displays 67
105	105	specific articulable symptoms while working which decrease or 68
106	106	lessen the performance of his or her duties or tasks. 69
107	107	(3)(a) If an employer has a drug testing policy and an 70
108	108	employee or a job applicant tests positive for marijuana or its 71
109	109	metabolites, the employer must provide written notice within 5 72
110	110	business days after receipt of the positi ve test result to the 73
111	111	employee or job applicant of his or her right to provide an 74
112	112	explanation for the positive test result. 75
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125	125	(b) Within 5 business days after receipt of the written 76
126	126	notice, the employee or job applicant may submit information to 77
127	127	an employer explaining or contesting the positive test result or 78
128	128	may request a confirmation test at the expense of the employee 79
129	129	or job applicant. 80
130	130	(c) An employee or a job applicant may submit a physician 81
131	131	certification for medical marijuana or a medical marijuana u se 82
132	132	registry identification card as part of his or her explanation 83
133	133	for the positive test result. 84
134	134	(d) If an employee or a job applicant fails to provide a 85
135	135	satisfactory explanation for the positive test result, an 86
136	136	employer must verify the positive test resu lt with a 87
137	137	confirmation test, at the expense of the employer, before the 88
138	138	employer may take adverse personnel action against the employee 89
139	139	or job applicant. 90
140	140	(4)(a) Notwithstanding s. 381.986(15), an employee or a 91
141	141	job applicant who has been the subject of an adverse personnel 92
142	142	action in violation of this section may institute a civil action 93
143	143	in a court of competent jurisdiction for relief as set forth in 94
144	144	paragraph (c) within 180 days after the alleged violation. 95
145	145	(b) An employee or a job applicant may not reco ver in any 96
146	146	action brought under this subsection if the adverse personnel 97
147	147	action was predicated upon a ground other than the employee's or 98
148	148	job applicant's exercise of a right protected by this section. 99
149	149	(c) In any action brought under this subsection, the court 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	may order any of the following: 101
163	163	1. An injunction restraining continued violation of this 102
164	164	section. 103
165	165	2. Reinstatement of the employee to the same position held 104
166	166	before the adverse personnel action, or to an equivalent 105
167	167	position. 106
168	168	3. Reinstatement of full fringe benefits and seniority 107
169	169	rights. 108
170	170	4. Compensation for lost wages, benefits, and other 109
171	171	remuneration. 110
172	172	5. Reasonable attorney fees and costs. 111
173	173	6. Any other compensatory damages allowable by general 112
174	174	law. 113
175	175	(5) This section does not: 114
176	176	(a) Prohibit an employer from taking adverse personnel 115
177	177	action against an employee for the possession or use of a 116
178	178	controlled substance, as defined in s. 893.02, during normal 117
179	179	business hours or require an employer to commit any act that 118
180	180	would cause the employer to viol ate federal law or that would 119
181	181	result in the loss of a federal contract or federal funding; 120
182	182	(b) Require a government medical assistance program or 121
183	183	private health insurer to reimburse a person for costs 122
184	184	associated with the use of medical marijuana; 123
185	185	(c) Require an employer to modify the job or working 124
186	186	conditions of a person who engages in the use of medical 125
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	marijuana based on the reasonable business purposes of the 126
200	200	employer. However, notwithstanding s. 381.986(15) and except as 127
201	201	provided in paragraph (d), t he employer must attempt to make 128
202	202	reasonable accommodations for the medical needs of an employee 129
203	203	who engages in the use of medical marijuana if the employee 130
204	204	holds a valid medical marijuana use registry identification 131
205	205	card, unless the employer can demonstrat e that the accommodation 132
206	206	would pose a threat of harm or danger to persons or property, 133
207	207	impose an undue hardship on the employer, or prohibit an 134
208	208	employee from fulfilling his or her job responsibilities; or 135
209	209	(d) Prohibit a law enforcement agency from adopti ng 136
210	210	policies and procedures that preclude an employee from engaging 137
211	211	in the use of medical marijuana. 138
212	212	Section 2. This act shall take effect upon becoming a law. 139