Florida Senate - 2011 CS for CS for SB 556 By the Committees on Budget; and Criminal Justice; and Senators Oelrich, Dockery, Garcia, and Gaetz 576-04692-11 2011556c2 1 A bill to be entitled 2 An act relating to the Temporary Assistance for Needy 3 Families Program; creating s. 414.145, F.S.; requiring 4 the Department of Children and Family Services to 5 perform a drug test on individuals who apply for 6 benefits funded by the Temporary Assistance for Needy 7 Families Program; making individuals responsible for 8 bearing the cost of drug testing; requiring certain 9 notice; providing procedures for testing and 10 retesting; providing for notice of local substance 11 abuse programs; providing conditions for an individual 12 to reapply for temporary assistance for needy families 13 benefits; providing that, if a parent is deemed 14 ineligible due to failing a drug test, the eligibility 15 of the children is not affected; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 414.145, Florida Statutes, is created to 21 read: 22 414.145 Drug-screening program.— 23 (1) The Department of Children and Family Services shall 24 require a drug test consistent with s. 112.0455 to screen each 25 individual who applies for temporary assistance for needy 26 families (TANF). The cost of drug testing shall be the 27 responsibility of the individual. 28 (a) Individuals who are subject to the requirements of this 29 section include any parent or caretaker relative who is included 30 in the cash assistance group, including individuals who may be 31 exempt from work activity requirements due to the age of the 32 youngest child or who may be excepted from work activity 33 requirements under s. 414.065(4). 34 (b) An individual who tests positive for controlled 35 substances as a result of a drug test required under this 36 section is ineligible to receive TANF benefits for 1 year after 37 the date of the positive drug test unless the individual meets 38 the requirements of paragraph (2)(j). 39 (2) The department shall: 40 (a) Provide notice of drug testing to each individual at 41 the time of application. The notice must advise the individual 42 that drug testing will be conducted as a condition for receiving 43 TANF benefits and that the individual must bear the cost of 44 testing. The individual shall be advised that the required drug 45 testing may be avoided if the individual does not apply for TANF 46 benefits. Dependent children under the age of 18 are exempt from 47 the drug-testing requirement. 48 (b) Require that for two-parent families, both parents must 49 comply with the drug-testing requirement. 50 (c) Require that any teen parent who is not required to 51 live with a parent, legal guardian, or other adult caretaker 52 relative in accordance with s. 414.095(14)(c) must comply with 53 the drug-testing requirement. 54 (d) Advise each individual to be tested, before the test is 55 conducted, that he or she may, but is not required to, advise 56 the agent administering the test of any prescription or over 57 the-counter medication he or she is taking. 58 (e) Require each individual to be tested to sign a written 59 acknowledgment that he or she has received and understands the 60 notice and advice provided under paragraphs (a) and (d). 61 (f) Assure each individual being tested a reasonable degree 62 of dignity while producing and submitting a sample for drug 63 testing, consistent with the state’s need to ensure the 64 reliability of the sample. 65 (g) Specify circumstances under which an individual who 66 fails a drug test has the right to take one or more additional 67 tests. 68 (h) Inform an individual who tests positive for a 69 controlled substance and is deemed ineligible for TANF benefits 70 that the individual may reapply for those benefits 1 year after 71 the date of the positive drug test unless the individual meets 72 the requirements of paragraph (j). If the individual tests 73 positive again, he or she is ineligible to receive TANF benefits 74 for 3 years after the date of the second positive drug test 75 unless the individual meets the requirements of paragraph (j). 76 (i) Provide any individual who tests positive with a list 77 of licensed substance abuse treatment providers that are 78 available in the area in which he or she resides, that meet the 79 requirements of s. 397.401, and that are licensed by the 80 department. Neither the department nor the state is responsible 81 for providing or paying for substance abuse treatment as part of 82 the screening conducted under this section. 83 (j) Provide a procedure whereby an individual who tests 84 positive under this section and is denied TANF benefits as a 85 result may reapply for those benefits after 6 months if the 86 individual documents successful completion of a substance abuse 87 treatment program offered by a provider that meets the 88 requirements of s. 397.401 and is licensed by the department. An 89 individual who has met the requirements of this paragraph and 90 reapplies for TANF benefits must also pass an initial drug test 91 and meet the requirements of subsection (1). Any drug test 92 conducted while the individual is undergoing substance abuse 93 treatment must meet the requirements of subsection (1). The cost 94 of any drug testing and substance abuse treatment provided under 95 this section is the responsibility of the individual being 96 tested and receiving treatment. An individual who fails the drug 97 test required under subsection (1) may reapply for benefits 98 under this paragraph only once. 99 (3)(a) If a parent is deemed ineligible for TANF benefits 100 due to failing a drug test under this section, his or her 101 dependent child’s eligibility for TANF benefits is not affected. 102 (b) If a parent is deemed ineligible for TANF benefits due 103 to failing a drug test, an appropriate protective payee shall be 104 established for the benefit of the child. 105 (c) The parent may choose to designate another individual 106 to receive benefits for the parent’s minor child. The designated 107 individual must be an immediate family member or, if an 108 immediate family member is not available or the family member 109 declines the option, another individual, approved by the 110 department, may be designated. The designated individual must 111 also undergo drug testing before being approved to receive 112 benefits on behalf of the child. If the designated individual 113 tests positive for controlled substances, he or she shall be 114 deemed ineligible to receive benefits on behalf of the child. 115 (4) The Department of Children and Family Services shall 116 adopt rules as necessary to administer this section. 117 Section 2. This act shall take effect July 1, 2011.