Florida 2025 Regular Session

Florida House Bill H0083 Compare Versions

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

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3	3	HB 83 2025
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8	8	hb83-00
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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 protections for public employees 2
16	16	who use medical marijuana as qualified patients; 3
17	17	creating s. 112.0556, F.S.; defining terms; 4
18	18	prohibiting a public employer from taking adverse 5
19	19	personnel action against an employee or a job 6
20	20	applicant for his or her use of medical marijuana if 7
21	21	the employee or job applicant is a qualified patient; 8
22	22	providing exceptions; requiring a public employer to 9
23	23	provide written notice of an employee's or a job 10
24	24	applicant's right to explain or contest a positive 11
25	25	marijuana test result within a specified timeframe; 12
26	26	providing procedures that apply when an employee or a 13
27	27	job applicant tests positive for marijuana; providing 14
28	28	a cause of action and damages; providing construction; 15
29	29	providing an effective date. 16
30	30	17
31	31	Be It Enacted by the Legislature of the State of Florida: 18
32	32	19
33	33	Section 1. Section 112.0556, Florida Statutes, is created 20
34	34	to read: 21
35	35	112.0556 Medical Marijuana Public Employee Protection 22
36	36	Act.— 23
37	37	(1) As used in this section, the term: 24
38	38	(a) "Adverse personnel action" means the refusal to hire 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	or employ a qualified patient; the discharge, suspension, 26
52	52	transfer, or demotion of a qualified patient; the mandatory 27
53	53	retirement of a quali fied patient; or the discrimination against 28
54	54	a qualified patient with respect to compensation, terms, 29
55	55	conditions, or privileges of employment. 30
56	56	(b) "Job applicant" means a person who has applied for a 31
57	57	position with a public employer and has been offered em ployment 32
58	58	conditioned upon his or her passing a drug test. 33
59	59	(c) "Law enforcement agency" has the same meaning as in s. 34
60	60	908.102. 35
61	61	(d) "Physician certification" has the same meaning as in 36
62	62	s. 381.986(1). 37
63	63	(e) "Public employee" or "employee" means an employe e of a 38
64	64	public employer. 39
65	65	(f) "Public employer" or "employer" means a state, 40
66	66	regional, county, local, or municipal governmental entity, 41
67	67	whether executive, judicial, or legislative; an official, an 42
68	68	officer, a department, a division, a bureau, a commission, an 43
69	69	authority, or a political subdivision of such entity; or a 44
70	70	public school, a Florida College System institution, or a state 45
71	71	university, any of which employs persons for salary, wages, or 46
72	72	other remuneration. 47
73	73	(g) "Qualified patient" has the same meaning as in s. 48
74	74	381.986(1). 49
75	75	(h) "Undue hardship" means an action requiring significant 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	difficulty or expense, when considered in light of all of the 51
89	89	following factors: 52
90	90	1. The nature, cost, and duration of the accommodation. 53
91	91	2. The overall financial resources of the public employer. 54
92	92	3. The overall size of the business of the public employer 55
93	93	with respect to the number of employees and the number, type, 56
94	94	and location of the public employer's facilities. 57
95	95	4. The effect on expenses and resources or any other 58
96	96	impacts of such accommodation upon the operation of the public 59
97	97	employer. 60
98	98	(2)(a) Except as provided in paragraph (b), a public 61
99	99	employer may not take adverse personnel action against an 62
100	100	employee or a job applicant for his or her use of medical 63
101	101	marijuana if the employee or job applicant is a qualified 64
102	102	patient under s. 381.986. 65
103	103	(b) A public employer may take appropriate adverse 66
104	104	personnel action against an employee if the public employer 67
105	105	establishes by a preponderance of the evidence that the lawful 68
106	106	use of medical marijuana is impairing the employee's ability to 69
107	107	perform his or her job duties or responsibilities. 70
108	108	(c) For purposes of this subsection, a public employer may 71
109	109	consider an employee's ability to perform his or her job duties 72
110	110	or responsibilities to be impaired if the employee displays 73
111	111	specific, articulable symptoms while working which adversely 74
112	112	affect the performance of his or her duties or responsibilities. 75
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121	121	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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125	125	(3)(a) If a public employer has a drug testing policy and 76
126	126	an employee or a job applica nt tests positive for marijuana or 77
127	127	its metabolites, the employer must provide to the employee or 78
128	128	job applicant written notice, within 5 business days after 79
129	129	receipt of the positive test result, of his or her right to 80
130	130	provide an explanation for or contest th e positive test result. 81
131	131	(b) Within 5 business days after receipt of the written 82
132	132	notice in paragraph (a), the employee or job applicant may 83
133	133	submit information to the public employer explaining or 84
134	134	contesting the positive test result or may request a 85
135	135	confirmation test, as defined in s. 112.0455(5), at the expense 86
136	136	of the employee or job applicant. 87
137	137	(c) An employee or a job applicant may submit a physician 88
138	138	certification for medical marijuana use or a medical marijuana 89
139	139	use registry identification card as part of his or her 90
140	140	explanation for the positive test result. 91
141	141	(d) If an employee or a job applicant fails to provide a 92
142	142	satisfactory explanation for the positive test result, the 93
143	143	public employer must verify the positive test result with a 94
144	144	confirmation test, at the expense of the employer, before the 95
145	145	employer may take adverse personnel action against the employee 96
146	146	or job applicant. 97
147	147	(4)(a) Notwithstanding s. 381.986(15), a public employee 98
148	148	or a job applicant who has been the subject of an adverse 99
149	149	personnel action in violation of this section may institute a 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	civil action in a court of competent jurisdiction for relief as 101
163	163	set forth in paragraph (c) within 180 days after the alleged 102
164	164	violation. 103
165	165	(b) A public employee or a job applicant may not recover 104
166	166	in any action brought under this subsection if the adverse 105
167	167	personnel action was predicated upon a ground other than his or 106
168	168	her exercise of a right protected by this section. 107
169	169	(c) In any action brought under this subsection, the court 108
170	170	may order any of the following: 109
171	171	1. An injunction restraining continued violation of this 110
172	172	section. 111
173	173	2. Reinstatement of the public employee to the same 112
174	174	position held before the adverse personnel action, or to an 113
175	175	equivalent position. 114
176	176	3. Reinstatement of full fringe benefits and seniority 115
177	177	rights. 116
178	178	4. Compensation for lost wages, benefits, and other 117
179	179	remuneration. 118
180	180	5. Reasonable attorney fees and costs. 119
181	181	6. Any other compensatory damages allowed by general law. 120
182	182	(5) This section does not do any of the following: 121
183	183	(a) Prohibit a public emp loyer from taking adverse 122
184	184	personnel action against an employee for the possession or use 123
185	185	of a controlled substance, as defined in s. 893.02(4), during 124
186	186	normal business hours or require an employer to commit any act 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	that would cause the employer to violate f ederal law or that 126
200	200	would result in the loss of a federal contract or federal 127
201	201	funding. 128
202	202	(b) Require a governmental medical assistance program or 129
203	203	private health insurer to reimburse a person for costs 130
204	204	associated with his or her use of medical marijuana. 131
205	205	(c) Require a public employer to modify the job or working 132
206	206	conditions of a person who engages in the use of medical 133
207	207	marijuana based on the reasonable business purposes of the 134
208	208	employer. However, notwithstanding s. 381.986(15) and except as 135
209	209	provided in paragraph (d), such employer must attempt to make 136
210	210	reasonable accommodations for the medical needs of an employee 137
211	211	who engages in the use of medical marijuana if the employee 138
212	212	holds a valid medical marijuana use registry identification 139
213	213	card, unless the employer can demonstrate that the accommodation 140
214	214	would pose a threat of harm or danger to persons or property, 141
215	215	impose an undue hardship on the employer, or prevent an employee 142
216	216	from fulfilling his or her job responsibilities. 143
217	217	(d) Prohibit a law enforcement agency from adopting 144
218	218	policies and procedures that preclude an employee from engaging 145
219	219	in the use of medical marijuana. 146
220	220	Section 2. This act shall take effect upon becoming a law. 147