Employer Immunity from Civil Liability

Plain English Breakdown

The bill summary does not provide specific details about the content, but it aligns with the provided official text.

Employer Protection from Lawsuits

This law protects employers from being sued if they take action against current or future employees who use marijuana in ways that affect their job performance.

What This Bill Does

• Gives employers protection from lawsuits when dealing with employees who use marijuana.
• Applies to situations where an employee uses marijuana at work or tests positive for it during a drug test.
• Requires the use of marijuana to interfere with job duties before an employer can be protected.

Who It Names or Affects

• Employers in Florida
• Current and future employees who use marijuana

Terms To Know

Civil liability

The responsibility to pay money or face other legal consequences if someone is harmed.

Prospective employee

A person who might get a job but has not yet been hired.

Limits and Unknowns

• This bill did not pass all stages of the legislature and died in committee.
• The law only applies to certain situations involving marijuana use.

Official Summary Text

Employer Immunity from Civil Liability; Providing employers with immunity from civil liability for actions taken against a current or prospective employee under certain circumstances, etc.

Current Bill Text

Florida Senate
-
2026

SB 1702

By
Senator Martin

33-01470A-26 20261702__
1 A bill to be entitled
2 An act relating to employer immunity from civil
3 liability; amending s. 381.986, F.S.; providing
4 employers with immunity from civil liability for
5 actions taken against a current or prospective
6 employee under certain circumstances; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Present subsections (16) and (17) of section
12 381.986, Florida Statutes, are redesignated as subsections (17)
13 and (18), respectively, and a new subsection (16) is added to
14 that section, to read:
15 381.986 Medical use of marijuana.—
16
(16)

IMMUNITY FROM CIVIL LIABILITY.—An employer that takes

17
action against a current or prospective employee based on the

18
employee’s possession or use of marijuana is immune from civil

19
liability if:

20
(a)1.

The possession or use of marijuana occurs on a

21
workplace site; or

22
2.

The current or prospective employee tests positive for

23
marijuana upon submitting to a drug test administered in

24
accordance with the requirements of s. 112.0455; and

25
(b)

The use of marijuana impairs the employee’s ability to

26
perform his or her employment duties or responsibilities.

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