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.
   18  Be It Enacted by the Legislature of the State of Florida:
   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.