HB 353

A bill to be entitled
2An act relating to drug screening of potential and
3existing beneficiaries of temporary cash assistance;
4creating s. 414.0652, F.S.; providing legislative intent;
5requiring the Department of Children and Family Services
6to establish a drug-screening program; requiring consent
7to drug screening as a condition to eligibility for or
8receipt of temporary cash assistance; limiting screening
9to certain persons; providing definitions; providing for
10notice; providing terms of disqualification for temporary
11cash assistance; requiring the department to supply
12information concerning substance abuse treatment;
13providing screening procedures; providing for the
14preservation of screening and confirmatory testing
15specimens; directing the department to submit a report to
16the Governor and Legislature; amending s. 414.095, F.S.;
17revising requirements for determination of eligibility for
18temporary cash assistance to conform to changes made by
19the act; providing an effective date.
21Be It Enacted by the Legislature of the State of Florida:
23     Section 1.  Section 414.0652, Florida Statutes, is created
24to read:
25     414.0652  Drug-screening program.-
26     (1)  LEGISLATIVE INTENT.-It is the intent of the
27Legislature to create a drug-screening program within the
28Department of Children and Family Services.
30     (a)  The department shall establish a drug-screening
31program that requires an individual, as a condition to
32eligibility for or receipt of temporary cash assistance, to
33consent to being subject to drug screening.
34     (b)  The department shall:
35     1.  Make a determination of eligibility under s. 414.095
36before an applicant is selected for drug screening.
37     2.  Provide notice of the potential for drug screening to
38individuals applying for or receiving temporary cash assistance.
39     3.  Require an applicant or participant to sign an
40acknowledgment that he or she has received notice of the
41department's drug-screening policy and that he or she has a
42right to refuse to undergo the drug screening.
43     (c)  The department may only screen an applicant who has
44been convicted of a drug felony within the prior 3 years and
45shall continue to screen that individual for 3 years after the
46date upon which the individual begins receiving temporary cash
48     (d)  The program must be implemented no later than July 1,
50     (3)  DEFINITIONS.-As used in this section, the term:
51     (a)  "Confirmation test" or "confirmatory testing" means a
52second analytical procedure used to identify the presence of a
53specific drug or metabolite in a specimen. The confirmation test
54must be different in scientific principle from that of the
55initial drug-screening procedure and must be capable of
56providing the requisite specificity, sensitivity, and
57quantitative accuracy. A confirmation test may only be
58administered if an applicant or participant tests positive for a
59drug during an initial drug screening.
60     (b)  "Drug" means an amphetamine, a tetrahydrocannabinol,
61oxycodone, cocaine, phencyclidine (PCP), an opiate, a
62barbiturate, a benzodiazepine, a methamphetamine, a
63propoxyphene, a tricyclic antidepressant, or a metabolite of any
64of the substances listed in this paragraph.
65     (c)  "Drug screening" or "screen" means any chemical,
66biological, or physical instrumental analysis administered by a
67laboratory certified by the United States Department of Health
68and Human Services or licensed by the Agency for Health Care
69Administration for the purpose of determining the presence or
70absence of a drug or its metabolites.
71     (d)  "Initial drug screening" or "initial screen" means a
72sensitive, rapid, and reliable procedure to identify negative
73and presumptive positive specimens. All initial screens shall
74use an immunoassay procedure or an equivalent or shall use a
75more accurate scientifically accepted method approved by the
76United States Food and Drug Administration or the Agency for
77Health Care Administration, as more accurate technology becomes
78available in a cost-effective form.
79     (e)  "Nonprescription medication" means a medication that
80is authorized pursuant to federal or state law for general
81distribution and use without a prescription for the treatment of
82human diseases, ailments, or injuries.
83     (f)  "Prescription medication" means a drug or medication
84obtained pursuant to a prescription as defined in s. 893.02.
85     (g)  "Specimen" means a tissue, hair, or product of the
86human body capable of revealing the presence of a drug or its
87metabolites. A urine specimen shall be collected and analyzed
88for all initial drug screens and confirmation tests under this
91     (a)  An individual is disqualified from receiving or
92continuing to receive temporary cash assistance if the
94     1.  Refuses to submit to drug screening under this section.
95Eligibility for temporary cash assistance is restored when the
96individual agrees to be screened; or
97     2.  Tests positive for drugs as a result of a confirmation
98test performed under this section.
99     (b)  If the individual fails the confirmation test required
100under this section, the individual:
101     1.  Is not eligible to receive temporary cash assistance
102for 3 years.
103     2.  If a parent, may choose to designate another individual
104to receive benefits for the parent's minor child. The designated
105individual must be an immediate family member or, if an
106immediate family member is not available or the family member
107declines the option, another individual, approved by the
108department, may be designated. Approval may not be granted if
109the designated individual has been convicted of a drug felony
110within the prior 3 years.
111     (c)  The department shall provide any individual who tests
112positive with information concerning substance abuse treatment
113programs that may be available in the area in which he or she
114resides. Neither the department nor the state is responsible for
115providing or paying for substance abuse treatment as part of the
116screening conducted under this section.
117     (d)  The cost of screening and confirmatory testing shall
118be paid by the individual being screened and tested, and the
119department shall solicit competitive bids for drug-screening and
120confirmatory testing services to ensure the lowest possible cost
121for administering the drug screen and confirmation test.
122     (5)  USE OF RESULTS.-
123     (a)  All specimen collection and screening and testing for
124drugs under this section must be performed in accordance with
125the following procedures:
126     1.  The individual to be screened or tested must provide
127written consent to be screened or tested for drugs on a form
128developed by the department.
129     2.  A specimen shall be collected with due regard to the
130privacy of the individual providing the specimen and in a manner
131reasonably calculated to prevent substitution or contamination
132of the specimen.
133     3.  Specimen collection must be documented, and the
134documentation procedures must include:
135     a.  Labeling of specimen containers so as to reasonably
136preclude the likelihood of erroneous identification of drug-
137screen or confirmation-test results.
138     b.  A form on which the individual undergoing drug
139screening or confirmatory testing may provide any information he
140or she considers relevant to the screen or test, including
141identification of currently or recently used prescription or
142nonprescription medication or other relevant medical
143information. The form must provide notice of the most common
144medications by brand name or common name, as applicable, as well
145as by chemical name, which may alter or affect a drug screen or
146confirmation test. The providing of information does not
147preclude the administration of the drug screen or test, but must
148be taken into account in interpreting any positive drug-screen
149or confirmation-test result.
150     4.  Specimen collection, storage, and transportation to the
151screening or testing site must be performed in a manner that
152reasonably precludes contamination or adulteration of specimens
153as specified in the department's drug-screening and
154confirmatory-testing protocols, policies, and procedures.
155     (b)  A specimen that produces a positive screen or positive
156test result must be preserved for a certain period of time as
157established by the department's drug-screening and confirmatory-
158testing protocols, policies, and procedures. The length of time
159for the preservation of specimens shall be consistent with
160industry standards. However, if the screened or tested
161individual undertakes an administrative or legal challenge to
162the drug-screen or confirmatory-test result, the specimen must
163be preserved until the case or administrative appeal is settled.
164     (6)  REPORT.-The department shall submit a report to the
165Governor, the President of the Senate, and the Speaker of the
166House of Representatives by January 1, 2013, that includes:
167     (a)  The number of individuals screened and tested, a list
168of the substances for which individuals were screened and
169tested, and the results of the screening and testing.
170     (b)  The number of applicants denied temporary cash
171assistance for failing a confirmation test and the number of
172recipients for whom temporary cash assistance was terminated for
173refusing to submit to a drug screen or confirmation test or
174failing a confirmation test while receiving benefits.
175     (c)  The number of individuals who refused to be screened.
176     (d)  The number of weeks and the amount of temporary cash
177assistance for which individuals would have been eligible if
178they had not tested positive or refused to be screened.
179     (e)  An estimate of the costs of the drug-screening
180program, including the average cost of individual drug screens
181and confirmation tests and the cost of administering the
183     Section 2.  Subsection (1) of section 414.095, Florida
184Statutes, is amended to read:
185     414.095  Determining eligibility for temporary cash
187     (1)  ELIGIBILITY.-An applicant must meet eligibility
188requirements of this section before receiving services or
189temporary cash assistance under this chapter, except that an
190applicant shall be required to register for work and engage in
191work activities in accordance with s. 445.024, as designated by
192the regional workforce board, and may receive support services
193or child care assistance in conjunction with such requirement.
194The department shall make a determination of eligibility based
195on the criteria listed in this chapter. The department shall
196monitor continued eligibility for temporary cash assistance
197through periodic reviews consistent with the food assistance
198eligibility process. Benefits shall not be denied to an
199individual solely based on a felony drug conviction, unless the
200conviction is for trafficking pursuant to s. 893.135. To be
201eligible under this section, an individual convicted of a drug
202felony must be satisfactorily meeting the requirements of the
203temporary cash assistance program and s. 414.0652, including all
204substance abuse treatment requirements. Within the limits
205specified in this chapter, the state opts out of the provision
206of Pub. L. No. 104-193, s. 115, that eliminates eligibility for
207temporary cash assistance and food assistance for any individual
208convicted of a controlled substance felony.
209     Section 3.  This act shall take effect July 1, 2011.

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