HOUSE AMENDMENT

    hbd-06                                        Bill No. SB 1972

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Cosgrove offered the following:

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13         Amendment (with title amendment) 

14         On page 2, between lines 27 and 28,

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16  insert:

17         Section 2.  Subsection (2) of section 440.101, Florida

18  Statutes, is amended and subsections (3) and (4) are added to

19  said section to read:

20         440.101  Legislative intent; drug-free workplaces.--

21         (2)  If an employer implements a drug-free workplace

22  program in accordance with s. 440.102 which includes notice,

23  education, and procedural requirements for testing for drugs

24  and alcohol pursuant to law or to rules developed by the

25  Agency for Health Care Administration, the employer may

26  require the employee to submit to a test for the presence of

27  drugs or alcohol and, if a drug or alcohol is found to be

28  present in the employee's system at a level prescribed by rule

29  adopted pursuant to this act, the employee may be terminated

30  and forfeits his or her eligibility for medical and indemnity

31  benefits. However, a drug-free workplace program must require

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    File original & 9 copies    04/21/98
    hbd0001                     02:24 pm         01972-0119-845381




                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. SB 1972

    Amendment No.     (for drafter's use only)





 1  the employer to notify all employees that it is a condition of

 2  employment for an employee to refrain from reporting to work

 3  or working with the presence of drugs or alcohol in his or her

 4  body and, if an injured employee refuses to submit to a test

 5  for drugs or alcohol, the employee forfeits eligibility for

 6  medical and indemnity benefits.

 7         (3)  Employers in the construction industry, as defined

 8  and regulated in in parts I and II of chapter 489, shall be

 9  required to implement a drug-free workplace program in

10  accordance with s. 440.102, on state funded construction

11  contracts by employers of more than 5 employees.

12         (4)  A drug-free workplace program must require the

13  employer to notify all employees that it is a condition of

14  employment for an employee to refrain from reporting to work

15  or working with the presence of drugs or alcohol in his or her

16  body and, if an injured employee refuses to submit to a test

17  for drugs or alcohol, the employee forfeits eligibility for

18  medical and indemnity benefits.

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21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 1, line 6,

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25  after the semicolon insert:

26         amending s. 440.101, F.S.; revising provisions

27         relating to legislative intent with respect to

28         drug-free workplaces;

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    File original & 9 copies    04/21/98
    hbd0001                     02:24 pm         01972-0119-845381