Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 556
                                Barcode 206806                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/14/2011           .                                

       The Committee on Budget Subcommittee on Health and Human
       Services Appropriations (Oelrich) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 32 - 71
    4  and insert:
    5         (b) An individual who tests positive for controlled
    6  substances as a result of a drug test required under this
    7  section is ineligible to receive TANF benefits for 1 year after
    8  the date of the positive drug test unless the individual meets
    9  the requirements of paragraph (2)(j).
   10         (2) The department shall:
   11         (a) Provide notice of drug testing to each individual at
   12  the time of application. The notice must advise the individual
   13  that drug testing will be conducted as a condition for receiving
   14  TANF benefits and that the individual must bear the cost of
   15  testing. The individual shall be advised that the required drug
   16  testing may be avoided if the individual does not apply for TANF
   17  benefits. Dependent children under the age of 18 are exempt from
   18  the drug-testing requirement.
   19         (b) Require that for two-parent families, both parents must
   20  comply with the drug-testing requirement.
   21         (c) Require that any teen parent who is not required to
   22  live with a parent, legal guardian, or other adult caretaker
   23  relative in accordance with s. 414.095(14)(c) must comply with
   24  the drug-testing requirement.
   25         (d) Advise each individual to be tested, before the test is
   26  conducted, that he or she may, but is not required to, advise
   27  the agent administering the test of any prescription or over
   28  the-counter medication he or she is taking.
   29         (e) Require each individual to be tested to sign a written
   30  acknowledgment that he or she has received and understood the
   31  notice and advice provided under paragraphs (a) and (d).
   32         (f) Assure each individual being tested a reasonable degree
   33  of dignity while producing and submitting a sample for drug
   34  testing, consistent with the state’s need to ensure the
   35  reliability of the sample.
   36         (g) Specify circumstances under which an individual who
   37  fails a drug test has the right to take one or more additional
   38  tests.
   39         (h) Inform an individual who tests positive for a
   40  controlled substance and is deemed ineligible for TANF benefits
   41  that the individual may reapply for those benefits 1 year after
   42  the date of the positive drug test unless the individual meets
   43  the requirements of paragraph (j). If the individual tests
   44  positive again, he or she is ineligible to receive TANF benefits
   45  for 3 years after the date of the second positive drug test
   46  unless the individual meets the requirements of paragraph (j).
   47         (i) Provide any individual who tests positive with a list
   48  of licensed substance abuse treatment providers that are
   49  available in the area in which he or she resides, that meet the
   50  requirements of s. 397.401, and that are licensed by the
   51  department. Neither the department nor the state is responsible
   52  for providing or paying for substance abuse treatment as part of
   53  the screening conducted under this section.
   54         (j) Provide a procedure whereby an individual who tests
   55  positive under this section and is denied TANF benefits as a
   56  result may reapply for those benefits after 6 months if the
   57  individual documents successful completion of a substance abuse
   58  treatment program offered by a provider that meets the
   59  requirements of s. 397.401 and is licensed by the department. An
   60  individual who has met the requirements of this paragraph and
   61  reapplies for TANF benefits must also pass an initial drug test
   62  and meet the requirements of subsection (1). Any drug test
   63  conducted while the individual is undergoing substance abuse
   64  treatment must meet the requirements of subsection (1). The cost
   65  of any drug testing and substance abuse treatment provided under
   66  this section is the responsibility of the individual being
   67  tested and receiving treatment. An individual who fails the drug
   68  test required under subsection (1) may reapply for benefits
   69  under this paragraph only once.
   71  ================= T I T L E  A M E N D M E N T ================
   72         And the title is amended as follows:
   73         Delete line 11
   74  and insert:
   75         abuse programs; providing conditions for an individual
   76         to reapply for Temporary Assistance for Needy Families
   77         benefits; providing that, if a parent is deemed