Florida SB 1702: Employer Immunity from Civil Liability

Bill Text

1702 
Employer Immunity from Civil Liability 
2026-01-09T10:58:13Z 
Providing employers with immunity from civil liability for actions taken against a current or prospective employee under certain circumstances, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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.