The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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F.S. 944.474

944.474 Legislative intent; employee wellness program; drug and alcohol testing.—

(1) It is the intent of the Legislature that the state correctional system provide a safe and secure environment for both inmates and staff. A healthy workforce is a productive workforce, and security of the state correctional system can best be provided by strong and healthy employees. The Department of Corrections may develop and implement an employee wellness program. The program may include, but is not limited to, wellness education, smoking cessation, nutritional education, and overall health-risk reduction, including the effects of using drugs and alcohol.

(2) An employee of the department may not test positive for illegal use of controlled substances. An employee of the department may not be under the influence of alcohol while on duty. In order to ensure that these prohibitions are adhered to by all employees of the department and notwithstanding s. 112.0455, the department may develop a program for the drug testing of all job applicants and for the random drug testing of all employees. The department may randomly evaluate employees for the contemporaneous use or influence of alcohol through the use of alcohol tests and observation methods. Notwithstanding s. 112.0455, the department may develop a program for the reasonable suspicion drug testing of employees who are in mandatory-testing positions, as defined in s. 440.102(1)(o), or special risk positions, as defined in s. 112.0455(5), for the controlled substances listed in s. 893.03(3)(d). The reasonable suspicion drug testing authorized by this subsection shall be conducted in accordance with s. 112.0455, but may also include testing upon reasonable suspicion based on violent acts or violent behavior of an employee who is on or off duty. The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 that are necessary to administer this subsection.

History.—s. 9, ch. 96-312; s. 1, ch. 2006-116; s. 40, ch. 2010-117; s. 3, ch. 2012-8; s. 34, ch. 2016-105.

F.S. 944.474 on Google Scholar

F.S. 944.474 on Casetext

Amendments to 944.474

Arrestable Offenses / Crimes under Fla. Stat. 944.474

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.474.

Annotations, Discussions, Cases:

Cases from cite.case.law:

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES COUNCIL v. SCOTT,, 717 F.3d 851 (11th Cir. 2013)

. . . . § 944.474. . . .

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFSCME COUNCIL v. SCOTT,, 278 F.R.D. 664 (S.D. Fla. 2011)

. . . disposition of the instant action has a “direct bearing” on the constitutionality of Florida Statute § 944.474 . . . In the present case, however, Florida Statute § 944.474 is not at issue. . . . The Secretary’s interests in defending Florida Statute § 944.474 are impaired only if the EO is ruled . . .