| 1 | A bill to be entitled | 
| 2 | An act relating to drug screening of potential and | 
| 3 | existing beneficiaries of Temporary Assistance for Needy | 
| 4 | Families; creating s. 414.0652, F.S.; requiring the | 
| 5 | Department of Children and Family Services to perform a | 
| 6 | drug test on an applicant for Temporary Assistance for | 
| 7 | Needy Families benefits; requiring such individual to bear | 
| 8 | the cost of the drug test; requiring the department to | 
| 9 | provide, and the applicant to acknowledge receipt of, | 
| 10 | notice of the drug-screening policy; providing procedures | 
| 11 | for testing and retesting; requiring the department to | 
| 12 | provide information concerning local substance abuse | 
| 13 | treatment programs to an individual who tests positive; | 
| 14 | providing conditions for an individual to reapply for | 
| 15 | Temporary Assistance for Needy Families benefits; | 
| 16 | providing that, if a parent is ineligible as a result of | 
| 17 | failing a drug test, the eligibility of the children is | 
| 18 | not affected; providing conditions for designating another | 
| 19 | protective payee; providing rulemaking authority to the | 
| 20 | department; providing an effective date. | 
| 21 | 
 | 
| 22 | Be It Enacted by the Legislature of the State of Florida: | 
| 23 | 
 | 
| 24 | Section 1.  Section 414.0652, Florida Statutes, is created | 
| 25 | to read: | 
| 26 | 414.0652  Drug screening for applicants for Temporary | 
| 27 | Assistance for Needy Families.- | 
| 28 | (1)  The department shall require a drug test consistent | 
| 29 | with s. 112.0455 to screen each individual who applies for | 
| 30 | Temporary Assistance for Needy Families (TANF). The cost of drug | 
| 31 | testing is the responsibility of the individual tested. | 
| 32 | (a)  An individual subject to the requirements of this | 
| 33 | section includes any parent or caretaker relative who is | 
| 34 | included in the cash assistance group, including an individual | 
| 35 | who may be exempt from work activity requirements due to the age | 
| 36 | of the youngest child or who may be exempt from work activity | 
| 37 | requirements under s. 414.065(4). | 
| 38 | (b)  An individual who tests positive for controlled | 
| 39 | substances as a result of a drug test required under this | 
| 40 | section is ineligible to receive TANF benefits for 1 year after | 
| 41 | the date of the positive drug test unless the individual meets | 
| 42 | the requirements of paragraph (2)(j). | 
| 43 | (2)  The department shall: | 
| 44 | (a)  Provide notice of drug testing to each individual at | 
| 45 | the time of application. The notice must advise the individual | 
| 46 | that drug testing will be conducted as a condition for receiving | 
| 47 | TANF benefits and that the individual must bear the cost of | 
| 48 | testing. The individual shall be advised that the required drug | 
| 49 | testing may be avoided if the individual does not apply for TANF | 
| 50 | benefits. Dependent children under the age of 18 are exempt from | 
| 51 | the drug-testing requirement. | 
| 52 | (b)  Require that for two-parent families, both parents | 
| 53 | must comply with the drug-testing requirement. | 
| 54 | (c)  Require that any teen parent who is not required to | 
| 55 | live with a parent, legal guardian, or other adult caretaker | 
| 56 | relative in accordance with s. 414.095(14)(c) must comply with | 
| 57 | the drug-testing requirement. | 
| 58 | (d)  Advise each individual to be tested, before the test | 
| 59 | is conducted, that he or she may, but is not required to, advise | 
| 60 | the agent administering the test of any prescription or over- | 
| 61 | the-counter medication he or she is taking. | 
| 62 | (e)  Require each individual to be tested to sign a written | 
| 63 | acknowledgment that he or she has received and understood the | 
| 64 | notice and advice provided under paragraphs (a) and (d). | 
| 65 | (f)  Assure each individual being tested a reasonable | 
| 66 | degree of dignity while producing and submitting a sample for | 
| 67 | drug testing, consistent with the state's need to ensure the | 
| 68 | reliability of the sample. | 
| 69 | (g)  Specify circumstances under which an individual who | 
| 70 | fails a drug test has the right to take one or more additional | 
| 71 | tests. | 
| 72 | (h)  Inform an individual who tests positive for a | 
| 73 | controlled substance and is deemed ineligible for TANF benefits | 
| 74 | that the individual may reapply for those benefits 1 year after | 
| 75 | the date of the positive drug test unless the individual meets | 
| 76 | the requirements of paragraph (j). If the individual tests | 
| 77 | positive again, he or she is ineligible to receive TANF benefits | 
| 78 | for 3 years after the date of the second positive drug test | 
| 79 | unless the individual meets the requirements of paragraph (j). | 
| 80 | (i)  Provide any individual who tests positive with a list | 
| 81 | of licensed substance abuse treatment providers available in the | 
| 82 | area in which he or she resides that meet the requirements of s. | 
| 83 | 397.401 and are licensed by the department. Neither the | 
| 84 | department nor the state is responsible for providing or paying | 
| 85 | for substance abuse treatment as part of the screening conducted | 
| 86 | under this section. | 
| 87 | (j)  An individual who tests positive under this section | 
| 88 | and is denied TANF benefits as a result may reapply for those | 
| 89 | benefits after 6 months if the individual can document the | 
| 90 | successful completion of a substance abuse treatment program | 
| 91 | offered by a provider that meets the requirements of s. 397.401 | 
| 92 | and is licensed by the department. An individual who has met the | 
| 93 | requirements of this paragraph and reapplies for TANF benefits | 
| 94 | must also pass an initial drug test and meet the requirements of | 
| 95 | subsection (1). Any drug test conducted while the individual is | 
| 96 | undergoing substance abuse treatment must meet the requirements | 
| 97 | of subsection (1). The cost of any drug testing and substance | 
| 98 | abuse treatment provided under this section shall be the | 
| 99 | responsibility of the individual being tested and receiving | 
| 100 | treatment. An individual who fails the drug test required under | 
| 101 | subsection (1) may reapply for benefits under this paragraph | 
| 102 | only once. | 
| 103 | (3)  If a parent is deemed ineligible for TANF benefits as | 
| 104 | a result of failing a drug test conducted under this section: | 
| 105 | (a)  The dependent child's eligibility for TANF benefits is | 
| 106 | not affected. | 
| 107 | (b)  An appropriate protective payee shall be designated to | 
| 108 | receive benefits on behalf of the child. | 
| 109 | (c)  The parent may choose to designate another individual | 
| 110 | to receive benefits for the parent's minor child. The designated | 
| 111 | individual must be an immediate family member or, if an | 
| 112 | immediate family member is not available or the family member | 
| 113 | declines the option, another individual, approved by the | 
| 114 | department, may be designated. The designated individual must | 
| 115 | also undergo drug testing before being approved to receive | 
| 116 | benefits on behalf of the child. If the designated individual | 
| 117 | tests positive for controlled substances, he or she is | 
| 118 | ineligible to receive benefits on behalf of the child. | 
| 119 | (4)  The department shall adopt rules to implement this | 
| 120 | section. | 
| 121 | Section 2.  This act shall take effect July 1, 2011. |