Workplace State Law · Florida

Florida Workplace Saliva (Oral Fluid) Drug Testing Law

How Florida treats oral fluid (saliva) drug testing in the workplace — the statute, its current status, and what that means for employers building or updating a testing program.

Status: Open / Permissive

Statute and status in Florida

Statute / authority: Fla. Stat. § 440.102 — two voluntary DFWP laws

Two voluntary laws: one permits "bodily specimen" broadly; the other specifies urine/blood only for the 5% WC discount program. Companies outside the WC discount program can use oral fluid freely.

Reviewed Apr 2026. Always verify state law before deployment. This page summarizes OraTek's research and is not legal advice.

What this means for employers in Florida

Florida has no statute restricting the specimen an employer may test, so saliva testing is permitted under general employment law. Keep a written policy, apply it consistently, and confirm non-negative screens at a laboratory.

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