Agency Scope per F.S. 114.0455

To Whom It May Concern:

Pursuant to the Florida's Sunshine Laws:

I request all records within the jurisdiction of the Florida Department of Financial Services within the time frame of 2017 to 2023, to be the day on which this request is processed, and with respect to the following criteria:

1. Records/documents that describe and detail the policies and procedures surrounding reasonable suspicion subject an employee to drug testing per Florida's Drug-Free Workplace Act (F.S.112.0455).

2. Records/documents that relate to policies/procedures/manuals (such as training manual(s)) for which Medical Review Officers (MROs) outline guidelines with which MROs adhere to per F.S. 112.0455.

3. Records/documents that relate to employer abuse of F.S. 112.0455, including but not limited to making false or fictitious statements to Florida Department of Regulations Workers’ Compensation Division, and the consequences of an employer abusing the aforementioned Florida Statute.

4.Records/documents that relate to employer consequences, ramifications, or disciplinary actions when intentionally abusing or defrauding the Florida Department of Financial Services per F.S. 112.0455 (as an example, by trick or deceit, lack of reasonable suspicion, making materially false or fictitious statements).

5. Records/documents relating to if/when/how the fourth amendment applies as it relates to private employers (ie, nongovernmental employers) subjecting employees to reasonable suspicion drug testing and if such cases are known to Florida Department of Financial Services.

6. Records/documents relating to a private employer in which such employer could be considered a state actor, acting on behalf of the government, or under the direction of the government within the context of reasonable suspicion testing.

7. Records/documents relating to if or in what manner an employer’s policies can extend beyond the scope of the F.S. 112.0455 and the Florida Department of Financial Services’ guidelines (if such records exist).

8. Records relating to persons who can formally assess an employee within a hospital setting under the pretense of reasonable suspicion testing. Additionally, the qualifications, credentials, licensure, or training that such persons must have.

9. The scope and extent to which the Agency for Healthcare Administers applies to F.S. 112.0455 as ACHA is expressly stated throughout such Florida Statue, it is known or can be clearly elucidated.

10. What sections of F.S. 112.0455, if any, an employer need or must adhere to if a private employer voluntarily chooses not to comply with the stated Florida Statue.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

I would also appreciate an approximate time frame for this request to be processed. Depending on the time frame for the request to be fulfilled and any fees that may be incurred, I may revise the criteria.

If you deny any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Bailey Pillon

To Whom It May Concern:

To clarify: This relates to specifically the Division of Workers’ Compensation as it is known to be the specific division that enforces and oversees the aforementioned F.S.

Thank you,

Bailey Pillon

To Whom It May Concern:

I appreciate the reply; however, are there no responsive records related to the criteria I listed that is not already expressly stated in the law (as in the links you provided)?

Thank you,

Bailey Pillon

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Bailey Pillon