Employer Immunity from Civil Liability

CS/HB 689 2026

CODING: Words stricken are deletions; words underlined are additions.
hb689-01-c1
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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

A bill to be entitled 1
An act relating to employer immunity from civil 2
liability; amending s. 381.986, F.S.; providing 3
definitions; providing employers with immunity from 4
civil liability for adverse personnel actions taken 5
against an employee or job applicant under certain 6
circumstances; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Subsections (16) and (17) of section 381.986, 11
Florida Statutes, are renumbered as subsections (17) and (18), 12
respectively, and a new subsection (16) is added to that 13
section, to read: 14
381.986 Medical use of marijuana.— 15
(16) IMMUNITY FROM CIVIL LIABILITY.— 16
(a) For the purposes of this subsection, the term: 17
1. "Adverse personnel action" means the refusal to hire a 18
job applicant; the discharge, suspension, transfer, or demotion 19
of an employee; or the withholding of bonuses, the reduction in 20
salary or benefits, or any other adverse action taken against an 21
employee or job applicant within the terms and conditions of 22
employment held or offered. 23
2. "Confirmed drug test," "drug test," "employee 24
assistance program," "job applicant," and "reasonable suspicion 25

CS/HB 689 2026

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hb689-01-c1
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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

drug test" have the same meanings as in s. 112.0455(5). 26
(b) An employer who takes adverse personnel action against 27
an employee or job applicant based on such person's possession 28
or use of marijuana is immune from civil liability for such 29
action if: 30
1. The possession or use of marijuana occurs on a 31
workplace site; 32
2. The use of marijuana impairs an employee's ability to 33
perform his or her employment duties or responsibilities; or 34
3. The employee or job applicant refuses to test or tests 35
positive for marijuana with respect to any of the following 36
types of drug tests, as long as the requirements of s. 112.0455 37
or s. 440.102, as applicable, are met: 38
a. Job applicant testing, where an employer requires a job 39
applicant to submit to a drug test and uses a refusal to submit 40
to a drug test or a positive confirmed drug test as a basis for 41
refusing to hire the job applicant. 42
b. Reasonable suspicion testing, where an employer 43
requires an employee to submit to a reasonable suspicion drug 44
test. 45
c. Followup testing, where the employee in the course of 46
employment enters an employee assistance program for drug-47
related problems or an alcohol and drug rehabilitation program, 48
and the employer requires the employee to submit to a drug test 49
as a followup to such program. 50

CS/HB 689 2026

CODING: Words stricken are deletions; words underlined are additions.
hb689-01-c1
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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

Section 2. This act shall take effect July 1, 2026. 51