Use of alcohol or unauthorized controlled substances.
Cape Coral Code of Ordinances § 2-26.3
in effect§ 2-26.3 - Use of alcohol or unauthorized controlled substances.
(a) Prohibition. The use, possession, manufacture, transportation, or sale of unauthorized controlled substances or the use of alcohol by any city employee during working hours or while on city property is prohibited. Employees are further prohibited from being at work while under the influence of alcohol or unauthorized controlled substances. This prohibition shall not be applicable to the consumption of alcohol by city employees who are off-duty and who are attending an authorized function or event at a city facility. A violation of this policy or the city's Drug Free Workplace Policy shall be grounds for disciplinary action up to and including dismissal.
(b) Investigation.
(1) Right to search. The city reserves the right, upon reasonable suspicion, to carry out reasonable searches of employees and their personal effects, including, but not limited to, lockers, lunch boxes, purses, and private vehicles parked on city property. Such searches may be initiated by the city without prior announcement, provided, however, that all searches shall be conducted in accordance with procedures approved by City Council.
(2) Pre-employment drug screening. The city may require an applicant seeking employment with the city to submit to a pre-employment drug screen. Any applicant who tests positive for illegal substances shall not be employed by the city.
(3) Reasonable suspicion drug testing. The city may demand that an employee submit to blood, urine or other medical testing to screen for the presence of unauthorized controlled substances or alcohol whenever the city has reasonable suspicion that the employee is under the influence of unauthorized controlled substances or alcohol. For purposes of this subsection, REASONABLE SUSPICION shall mean a belief that an employee is using or has used unauthorized controlled substances or alcohol in violation of the city's policy based on specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Such facts and inferences may include, but not be limited to, the following:
a. Observable phenomena while at work, such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of alcohol or other unauthorized controlled substances;
b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;
c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated;
d. Evidence that an individual has tampered with a drug test during his employment with the city;
e. Information that an employee has caused, or contributed to, an accident while at work;
f. Evidence that an employee has used, possessed, sold, solicited, or transferred alcohol or unauthorized controlled substances while working or while on the city's premises or while operating the city's vehicle, machinery, or equipment.
(4) Safety-sensitive drug testing. Persons employed in safety-sensitive positions may be required to submit to one or more drug tests at the discretion of the city. For purposes of this subsection, the term SAFETY-SENSITIVE POSITION means any position, including a supervisory or management position, in which a drug or alcohol impairment would constitute an immediate and direct threat to public health and safety.
(5) Disciplinary action. Refusal of any employee to submit to searches or to submit urine or blood samples will result in appropriate disciplinary action, up to and including dismissal.
(6) Addiction referral. The city encourages any employee with a substance abuse problem to contact the Human Resources Department for assistance. All records and communications shall be treated as confidential medical information and shall be maintained separately from the employee's personnel file. The refusal of an employee to seek treatment for a substance abuse problem may be cause for disciplinary action, up to and including dismissal.
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTIIIPERURE_DIV2EMPO_S2-26.3USALUNCOSUFetched: 11/4/2026