It is illegal under Florida law for an employer to ask about an applicant's recent drug use because drug use while working is not permitted in many circumstances. Florida's employers may be legally compelled to provide a urine sample from an employee after testing for drug use but before the employee begins employment. The employer must give the required notice to the employee, maintain a record of where the drug-testing test result was obtained, and follow state and federal drug testing laws and the rules of those agencies. If an employer doesn't follow this process, the employee can ask the court for relief. The legal burden to establish the lawfulness of the drug-use testing procedure is on the employer. The employer may try to get out of testing by showing that the drug-testing policy is reasonable and therefore violates the federal and state constitutional provisions protecting the privacy and welfare of employees.

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Miami-Dade Florida Sample Letter for Pre-Employment Drug Testing

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