CS/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 for disqualification or
11continuation of temporary cash assistance; requiring the
12department to supply information concerning substance
13abuse treatment; providing screening procedures; requiring
14the individual being screened or tested to pay the cost of
15the screening or testing; requiring approved laboratories
16to conduct screening and testing in accordance with
17standards established by the department; requiring
18approved laboratories to defend results and conclusions in
19appeal hearings; providing for the preservation of
20screening and confirmatory testing specimens; directing
21the department to submit a report to the Governor and
22Legislature; authorizing the department to adopt rules;
23amending s. 414.095, F.S.; revising requirements for
24determination of eligibility for temporary cash assistance
25to conform to changes made by the act; providing an
26effective date.
28Be It Enacted by the Legislature of the State of Florida:
30     Section 1.  Section 414.0652, Florida Statutes, is created
31to read:
32     414.0652  Drug-screening program.-
33     (1)  LEGISLATIVE INTENT.-It is the intent of the
34Legislature to create a drug-screening program within the
35Department of Children and Family Services.
37     (a)  The department shall establish a drug-screening
38program that requires an individual, as a condition to
39eligibility for or receipt of temporary cash assistance, to
40consent to being subject to drug screening.
41     (b)  The department shall:
42     1.  Make a determination of eligibility under s. 414.095
43before an applicant or recipient is selected for drug screening.
44     2.  Provide notice of the potential for drug screening to
45individuals applying for or receiving temporary cash assistance.
46     3.  Require an applicant or recipient to sign an
47acknowledgment that he or she has received notice of the
48department's drug-screening policy and that he or she has a
49right to refuse to undergo the drug screening.
50     (c)  The department may only screen an individual who has
51been convicted of a drug felony within the prior 3 years. The
52department shall continue to screen an eligible drug felon at
53least annually for 3 years after the date he or she passes the
54initial drug screening or confirmation test.
55     (3)  DEFINITIONS.-As used in this section, the term:
56     (a)  "Applicant" or "recipient" means a parent, or an
57eligible caretaker relative, as described in s. 414.095(4), who
58applies for or receives temporary cash assistance.
59     (b)  "Confirmation test" or "confirmatory testing" means a
60second analytical procedure used to identify the presence of a
61specific drug or metabolite in a specimen. The confirmation test
62must be different in scientific principle from that of the
63initial drug-screening procedure and must be capable of
64providing the requisite specificity, sensitivity, and
65quantitative accuracy. A confirmation test may only be
66administered if an applicant or recipient tests positive for a
67drug during an initial drug screening.
68     (c)  "Drug" means an amphetamine, a tetrahydrocannabinol,
69oxycodone, cocaine, phencyclidine (PCP), an opiate, a
70barbiturate, a benzodiazepine, a methamphetamine, a
71propoxyphene, a tricyclic antidepressant, or a metabolite of any
72of the substances listed in this paragraph.
73     (d)  "Drug screening" or "screen" means any chemical,
74biological, or physical instrumental analysis administered by a
75laboratory approved by the department for the purpose of
76determining the presence or absence of a drug or its
78     (e)  "Initial drug screening" or "initial screen" means a
79sensitive, rapid, and reliable procedure to identify negative
80and presumptive positive specimens. All initial screens shall
81use an immunoassay procedure or an equivalent or shall use a
82more accurate scientifically accepted method approved by the
83department, as more accurate technology becomes available in a
84cost-effective form.
85     (f)  "Nonprescription medication" means a medication that
86is authorized pursuant to federal or state law for general
87distribution and use without a prescription for the treatment of
88human diseases, ailments, or injuries.
89     (g)  "Prescription medication" means a drug or medication
90obtained pursuant to a prescription as defined in s. 893.02.
91     (h)  "Specimen" means any tissue, hair, urine, saliva, or
92other product of the human body capable of revealing the
93presence of a drug or its metabolites. A urine specimen shall be
94collected and analyzed for all initial drug screens and
95confirmation tests under this section.
97     (a)  An individual is disqualified from receiving or
98continuing to receive temporary cash assistance if the
100     1.  Refuses to submit to drug screening under this section.
101Eligibility for temporary cash assistance is restored when the
102individual agrees to be screened and screens negatively for
103drugs or passes a confirmation test;
104     2.  Fails a drug screening and refuses to take a
105confirmation test; or
106     3.  Tests positive for drugs as a result of a confirmation
107test performed under this section.
108     (b)  If the individual fails or refuses the confirmation
109test required under this section, the individual is not eligible
110to receive temporary cash assistance for 3 years after the date
111of the failed screening.
112     (c)  Temporary cash assistance benefits may be continued
113for the child or children in the family with a disqualified
114member, if the benefits are made payable to a protective payee
115as described in s. 414.065(2). However, the protective payee
116must not have been convicted of a drug felony within the prior 3
118     (d)  The individual may reapply at the end of the 3-year
119ineligibility period and shall again be subject to drug
120screening and testing if the individual has been convicted of a
121drug felony in the 3-year period immediately preceding the new
123     (e)  The department shall provide any individual who tests
124positive with information concerning substance abuse treatment
125programs that may be available in the area in which he or she
126resides. Neither the department nor the state is responsible for
127providing or paying for substance abuse treatment as part of the
128screening conducted under this section.
129     (f)  The cost of screening and confirmatory testing shall
130be paid by the individual being screened and tested, and the
131department shall solicit competitive bids for drug-screening and
132confirmatory testing services to ensure the lowest possible cost
133for administering the drug screen and confirmation tests. The
134approved laboratories must conduct the screening and testing in
135accordance with standards established by the department. The
136laboratories must also agree to defend their results and
137conclusions in appeal hearings, as described in s. 409.285.
138     (5)  USE OF RESULTS.-
139     (a)  All specimen collection and screening and testing for
140drugs under this section must be performed in accordance with
141the following procedures:
142     1.  The individual to be screened or tested must provide
143written consent to be screened or tested for drugs on a form
144developed by the department.
145     2.  A specimen shall be collected with due regard to the
146privacy of the individual providing the specimen and in a manner
147reasonably calculated to prevent substitution or contamination
148of the specimen.
149     3.  Specimen collection must be documented, and the
150documentation procedures must include:
151     a.  Labeling of specimen containers so as to reasonably
152preclude the likelihood of erroneous identification of drug-
153screen or confirmation-test results.
154     b.  A form on which the individual undergoing drug
155screening or confirmatory testing may provide any information he
156or she considers relevant to the screen or test, including
157identification of currently or recently used prescription or
158nonprescription medication or other relevant medical
159information. The form must provide notice of the most common
160medications by brand name or common name, as applicable, as well
161as by chemical name, which may alter or affect a drug screen or
162confirmation test. The providing of information does not
163preclude the administration of the drug screen or test, but must
164be taken into account in interpreting any positive drug-screen
165or confirmation-test result.
166     4.  Specimen collection, storage, and transportation to the
167screening or testing site must be performed in a manner that
168reasonably precludes contamination or adulteration of specimens
169as specified in the department's drug-screening and
170confirmatory-testing protocols, policies, and procedures.
171     (b)  A specimen that produces a positive screen or positive
172test result must be preserved for a certain period of time as
173established by the department's drug-screening and confirmatory-
174testing protocols, policies, and procedures. The length of time
175for the preservation of specimens shall be consistent with
176industry standards. However, if the screened or tested
177individual undertakes an administrative or legal challenge to
178the drug-screen or confirmatory-test result, the specimen must
179be preserved until the case or administrative appeal is settled.
180     (6)  REPORT.-The department shall submit a report to the
181Governor, the President of the Senate, and the Speaker of the
182House of Representatives by January 1, 2013, that includes:
183     (a)  The number of individuals screened and tested, a list
184of the substances for which individuals were screened and
185tested, and the results of the screening and testing.
186     (b)  The number of applicants denied temporary cash
187assistance for failing a confirmation test and the number of
188recipients for whom temporary cash assistance was terminated for
189refusing to submit to a drug screen or confirmation test or
190failing a confirmation test while receiving benefits.
191     (c)  The number of individuals who refused to be screened.
192     (d)  The number of months and the amount of temporary cash
193assistance for which individuals would potentially have been
194eligible if they had not tested positive or refused to be
196     (e)  An estimate of the costs of the drug-screening
197program, including the average cost of individual drug screens
198and confirmation tests and the cost of administering the
200     (7)  RULES.-The department may adopt rules to develop and
201implement the drug-screening program as required by this
203     Section 2.  Subsection (1) of section 414.095, Florida
204Statutes, is amended to read:
205     414.095  Determining eligibility for temporary cash
207     (1)  ELIGIBILITY.-An applicant must meet eligibility
208requirements of this section before receiving services or
209temporary cash assistance under this chapter, except that an
210applicant shall be required to register for work and engage in
211work activities in accordance with s. 445.024, as designated by
212the regional workforce board, and may receive support services
213or child care assistance in conjunction with such requirement.
214The department shall make a determination of eligibility based
215on the criteria listed in this chapter. The department shall
216monitor continued eligibility for temporary cash assistance
217through periodic reviews consistent with the food assistance
218eligibility process. Food assistance benefits shall not be
219denied to an individual solely based on a felony drug
220conviction, unless the conviction is for trafficking pursuant to
221s. 893.135. To be eligible for temporary cash assistance under
222this section, an individual convicted of a drug felony must be
223satisfactorily meeting the requirements of the temporary cash
224assistance program and s. 414.0652, including all substance
225abuse treatment requirements. Within the limits specified in
226this chapter, the state opts out of the provision of Pub. L. No.
227104-193, s. 115, that eliminates eligibility for temporary cash
228assistance and food assistance for any individual convicted of a
229controlled substance felony.
230     Section 3.  This act shall take effect July 1, 2011.

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