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 conditions for an individual to reapply for
15Temporary Assistance for Needy Families benefits;
16providing that, if a parent is ineligible as a result of
17failing a drug test, the eligibility of the children is
18not affected; providing conditions for designating another
19protective payee; providing rulemaking authority to the
20department; providing an effective date.
22Be It Enacted by the Legislature of the State of Florida:
24     Section 1.  Section 414.0652, Florida Statutes, is created
25to read:
26     414.0652  Drug screening for applicants for Temporary
27Assistance for Needy Families.-
28     (1)  The department shall require a drug test consistent
29with s. 112.0455 to screen each individual who applies for
30Temporary Assistance for Needy Families (TANF). The cost of drug
31testing is the responsibility of the individual tested.
32     (a)  An individual subject to the requirements of this
33section includes any parent or caretaker relative who is
34included in the cash assistance group, including an individual
35who may be exempt from work activity requirements due to the age
36of the youngest child or who may be exempt from work activity
37requirements under s. 414.065(4).
38     (b)  An individual who tests positive for controlled
39substances as a result of a drug test required under this
40section is ineligible to receive TANF benefits for 1 year after
41the date of the positive drug test unless the individual meets
42the requirements of paragraph (2)(j).
43     (2)  The department shall:
44     (a)  Provide notice of drug testing to each individual at
45the time of application. The notice must advise the individual
46that drug testing will be conducted as a condition for receiving
47TANF benefits and that the individual must bear the cost of
48testing. The individual shall be advised that the required drug
49testing may be avoided if the individual does not apply for TANF
50benefits. Dependent children under the age of 18 are exempt from
51the drug-testing requirement.
52     (b)  Require that for two-parent families, both parents
53must comply with the drug-testing requirement.
54     (c)  Require that any teen parent who is not required to
55live with a parent, legal guardian, or other adult caretaker
56relative in accordance with s. 414.095(14)(c) must comply with
57the drug-testing requirement.
58     (d)  Advise each individual to be tested, before the test
59is conducted, that he or she may, but is not required to, advise
60the agent administering the test of any prescription or over-
61the-counter medication he or she is taking.
62     (e)  Require each individual to be tested to sign a written
63acknowledgment that he or she has received and understood the
64notice and advice provided under paragraphs (a) and (d).
65     (f)  Assure each individual being tested a reasonable
66degree of dignity while producing and submitting a sample for
67drug testing, consistent with the state's need to ensure the
68reliability of the sample.
69     (g)  Specify circumstances under which an individual who
70fails a drug test has the right to take one or more additional
72     (h)  Inform an individual who tests positive for a
73controlled substance and is deemed ineligible for TANF benefits
74that the individual may reapply for those benefits 1 year after
75the date of the positive drug test unless the individual meets
76the requirements of paragraph (j). If the individual tests
77positive again, he or she is ineligible to receive TANF benefits
78for 3 years after the date of the second positive drug test
79unless the individual meets the requirements of paragraph (j).
80     (i)  Provide any individual who tests positive with a list
81of licensed substance abuse treatment providers available in the
82area in which he or she resides that meet the requirements of s.
83397.401 and are licensed by the department. Neither the
84department nor the state is responsible for providing or paying
85for substance abuse treatment as part of the screening conducted
86under this section.
87     (j)  An individual who tests positive under this section
88and is denied TANF benefits as a result may reapply for those
89benefits after 6 months if the individual can document the
90successful completion of a substance abuse treatment program
91offered by a provider that meets the requirements of s. 397.401
92and is licensed by the department. An individual who has met the
93requirements of this paragraph and reapplies for TANF benefits
94must also pass an initial drug test and meet the requirements of
95subsection (1). Any drug test conducted while the individual is
96undergoing substance abuse treatment must meet the requirements
97of subsection (1). The cost of any drug testing and substance
98abuse treatment provided under this section shall be the
99responsibility of the individual being tested and receiving
100treatment. An individual who fails the drug test required under
101subsection (1) may reapply for benefits under this paragraph
102only once.
103     (3)  If a parent is deemed ineligible for TANF benefits as
104a result of failing a drug test conducted under this section:
105     (a)  The dependent child's eligibility for TANF benefits is
106not affected.
107     (b)  An appropriate protective payee shall be designated to
108receive benefits on behalf of the child.
109     (c)  The parent may choose to designate another individual
110to receive benefits for the parent's minor child. The designated
111individual must be an immediate family member or, if an
112immediate family member is not available or the family member
113declines the option, another individual, approved by the
114department, may be designated. The designated individual must
115also undergo drug testing before being approved to receive
116benefits on behalf of the child. If the designated individual
117tests positive for controlled substances, he or she is
118ineligible to receive benefits on behalf of the child.
119     (4)  The department shall adopt rules to implement this
121     Section 2.  This act shall take effect July 1, 2011.

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