CS/CS/HB 353

A bill to be entitled
2An act relating to drug screening of potential and
3existing beneficiaries of Temporary Assistance for Needy
4Families; creating s. 414.0652, F.S.; requiring the
5Department of Children and Family Services to perform a
6drug test on an applicant for Temporary Assistance for
7Needy Families benefits; requiring such individual to bear
8the cost of the drug test; requiring the department to
9provide, and the applicant to acknowledge receipt of,
10notice of the drug-screening policy; providing procedures
11for testing and retesting; requiring the department to
12provide information concerning local substance abuse
13treatment programs to an individual who tests positive;
14providing that, if a parent is ineligible as a result of
15failing a drug test, the eligibility of the children is
16not affected; providing conditions for designating another
17protective payee; providing rulemaking authority to the
18department; providing an effective date.
20Be It Enacted by the Legislature of the State of Florida:
22     Section 1.  Section 414.0652, Florida Statutes, is created
23to read:
24     414.0652  Drug screening for applicants for Temporary
25Assistance for Needy Families.-
26     (1)  The department shall require a drug test consistent
27with s. 112.0455 to screen each individual who applies for
28Temporary Assistance for Needy Families (TANF). The cost of drug
29testing is the responsibility of the individual tested.
30     (a)  An individual subject to the requirements of this
31section includes any parent or caretaker relative who is
32included in the cash assistance group, including an individual
33who may be exempt from work activity requirements due to the age
34of the youngest child or who may be exempt from work activity
35requirements under s. 414.065(4).
36     (b)  An individual who tests positive for controlled
37substances as a result of a drug test required under this
38section is ineligible to receive TANF benefits for 1 year after
39the date of the positive drug test.
40     (2)  The department shall:
41     (a)  Provide notice of drug testing to each individual at
42the time of application. The notice must advise the individual
43that drug testing will be conducted as a condition for receiving
44TANF benefits and that the individual must bear the cost of
45testing. The individual shall be advised that the required drug
46testing may be avoided if the individual does not apply for TANF
47benefits. Children under the age of 18 are exempt from the drug-
48testing requirement.
49     (b)  Require that for two-parent families, both parents
50must comply with the drug-testing requirement.
51     (c)  Advise each individual to be tested, before the test
52is conducted, that he or she may, but is not required to, advise
53the agent administering the test of any prescription or over-
54the-counter medication he or she is taking.
55     (d)  Require each individual to be tested to sign a written
56acknowledgment that he or she has received and understood the
57notice and advice provided under paragraphs (a) and (c).
58     (e)  Assure each individual being tested a reasonable
59degree of dignity while producing and submitting a sample for
60drug testing, consistent with the state's need to ensure the
61reliability of the sample.
62     (f)  Specify circumstances under which an individual who
63fails a drug test has the right to take one or more additional
65     (g)  Inform an individual who tests positive for a
66controlled substance and is deemed ineligible for TANF benefits
67that the individual may reapply for those benefits 1 year after
68the date of the positive drug test. If the individual tests
69positive again, he or she is ineligible to receive TANF benefits
70for 3 years after the date of the second positive drug test.
71     (h)  Provide any individual who tests positive with
72information concerning substance abuse treatment programs that
73may be available in the area in which he or she resides. Neither
74the department nor the state is responsible for providing or
75paying for substance abuse treatment as part of the screening
76conducted under this section.
77     (3)  If a parent is deemed ineligible for TANF benefits as
78a result of failing a drug test conducted under this section:
79     (a)  The dependent child's eligibility for TANF benefits is
80not affected.
81     (b)  An appropriate protective payee shall be designated to
82receive benefits on behalf of the child.
83     (c)  The parent may choose to designate another individual
84to receive benefits for the parent's minor child. The designated
85individual must be an immediate family member or, if an
86immediate family member is not available or the family member
87declines the option, another individual, approved by the
88department, may be designated. The designated individual must
89also undergo drug testing before being approved to receive
90benefits on behalf of the child. If the designated individual
91tests positive for controlled substances, he or she is
92ineligible to receive benefits on behalf of the child.
93     (4)  The department shall adopt rules to implement this
95     Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.