Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1358
                                Barcode 155992                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/03/2012           .                                

       The Committee on Budget (Hays) recommended the following:
    1         Senate Amendment 
    3         In title, delete lines 2 - 65
    4  and insert:
    6         An act relating to drug-free workplaces; amending s.
    7         112.0455, F.S.; revising the definition of the term
    8         “job applicant,” defining the term “random testing,”
    9         and removing the definition of the term “safety
   10         sensitive position” for purposes of the Drug-Free
   11         Workplace Act; requiring drug testing to be conducted
   12         within each state agency’s appropriation; authorizing
   13         a state agency to conduct random drug testing every 3
   14         months; providing testing selection requirements;
   15         removing provisions prohibiting a state agency from
   16         discharging or disciplining an employee under certain
   17         circumstances based on the employee’s first positive
   18         confirmed drug test; removing provisions limiting the
   19         circumstances under which an agency may discharge an
   20         employee in a special risk or safety-sensitive
   21         position; providing that an agency may discharge or
   22         discipline an employee following a first-time positive
   23         confirmed drug test result; authorizing an agency to
   24         refer an employee to an employee assistance program or
   25         an alcohol and drug rehabilitation program if the
   26         employee is not discharged; requiring participation in
   27         an employee assistance program or an alcohol and drug
   28         rehabilitation program at the employee’s own expense
   29         or at the expense of a health insurance plan;
   30         requiring the employer to determine if the employee is
   31         able to safely and effectively perform the job duties
   32         assigned to the employee while the employee is
   33         participating in the employee assistance program or
   34         alcohol and drug rehabilitation program; deeming that
   35         certain specified job activities cannot be performed
   36         safely and effectively while the employee is
   37         participating in the employee assistance program or
   38         alcohol and drug rehabilitation program; requiring the
   39         employer to transfer the employee to a job assignment
   40         that he or she can perform safely and effectively
   41         while the employee participates in the employee
   42         assistance program or alcohol and drug rehabilitation
   43         program; requiring the employer to place the employee
   44         on leave status while the employee is participating in
   45         an employee assistance program or an alcohol and drug
   46         rehabilitation program if such a position is
   47         unavailable; authorizing the employee to use
   48         accumulated leave credits before being placed on leave
   49         without pay; amending s. 440.102, F.S.; revising the
   50         definition of the term “job applicant” as it pertains
   51         to a public employer; removing the definition of the
   52         term “safety-sensitive position” and replacing it with
   53         the definition for the term “mandatory-testing
   54         position;” providing that an employer remains
   55         qualified for an insurer rate plan that discounts
   56         rates for workers’ compensation and employer’s
   57         liability insurance policies if the employer maintains
   58         a drug-free workplace program that is broader in scope
   59         than that provided for by the standards and procedures
   60         established in the act; authorizing a public employer,
   61         using an unbiased selection procedure, to conduct
   62         random drug tests of employees occupying mandatory
   63         testing or special-risk positions if the testing is
   64         performed in accordance with drug-testing rules
   65         adopted by the Agency for Health Care Administration;
   66         requiring that a public sector employer assign a
   67         public sector employee to a position other than a
   68         mandatory-testing position if the employee enters an
   69         employee assistance program or drug and alcohol
   70         rehabilitation program; amending s. 944.474, F.S.;
   71         revising