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; requiring the
11department to increase the amount of the initial TANF
12benefit by the amount paid by the individual for the drug
13testing; providing procedures for testing and retesting;
14requiring the department to provide information concerning
15local substance abuse treatment programs to an individual
16who tests positive; providing conditions for an individual
17to reapply for Temporary Assistance for Needy Families
18benefits; providing that, if a parent is ineligible as a
19result of failing a drug test, the eligibility of the
20children is not affected; providing conditions for
21designating another protective payee; providing rulemaking
22authority to the department; providing an effective date.
24Be It Enacted by the Legislature of the State of Florida:
26     Section 1.  Section 414.0652, Florida Statutes, is created
27to read:
28     414.0652  Drug screening for applicants for Temporary
29Assistance for Needy Families.-
30     (1)  The department shall require a drug test consistent
31with s. 112.0455 to screen each individual who applies for
32Temporary Assistance for Needy Families (TANF). The cost of drug
33testing is the responsibility of the individual tested.
34     (a)  An individual subject to the requirements of this
35section includes any parent or caretaker relative who is
36included in the cash assistance group, including an individual
37who may be exempt from work activity requirements due to the age
38of the youngest child or who may be exempt from work activity
39requirements under s. 414.065(4).
40     (b)  An individual who tests positive for controlled
41substances as a result of a drug test required under this
42section is ineligible to receive TANF benefits for 1 year after
43the date of the positive drug test unless the individual meets
44the requirements of paragraph (2)(j).
45     (2)  The department shall:
46     (a)  Provide notice of drug testing to each individual at
47the time of application. The notice must advise the individual
48that drug testing will be conducted as a condition for receiving
49TANF benefits and that the individual must bear the cost of
50testing. If the individual tests negative for controlled
51substances, the department shall increase the amount of the
52initial TANF benefit by the amount paid by the individual for
53the drug testing. The individual shall be advised that the
54required drug testing may be avoided if the individual does not
55apply for TANF benefits. Dependent children under the age of 18
56are exempt from the drug-testing requirement.
57     (b)  Require that for two-parent families, both parents
58must comply with the drug-testing requirement.
59     (c)  Require that any teen parent who is not required to
60live with a parent, legal guardian, or other adult caretaker
61relative in accordance with s. 414.095(14)(c) must comply with
62the drug-testing requirement.
63     (d)  Advise each individual to be tested, before the test
64is conducted, that he or she may, but is not required to, advise
65the agent administering the test of any prescription or over-
66the-counter medication he or she is taking.
67     (e)  Require each individual to be tested to sign a written
68acknowledgment that he or she has received and understood the
69notice and advice provided under paragraphs (a) and (d).
70     (f)  Assure each individual being tested a reasonable
71degree of dignity while producing and submitting a sample for
72drug testing, consistent with the state's need to ensure the
73reliability of the sample.
74     (g)  Specify circumstances under which an individual who
75fails a drug test has the right to take one or more additional
77     (h)  Inform an individual who tests positive for a
78controlled substance and is deemed ineligible for TANF benefits
79that the individual may reapply for those benefits 1 year after
80the date of the positive drug test unless the individual meets
81the requirements of paragraph (j). If the individual tests
82positive again, he or she is ineligible to receive TANF benefits
83for 3 years after the date of the second positive drug test
84unless the individual meets the requirements of paragraph (j).
85     (i)  Provide any individual who tests positive with a list
86of licensed substance abuse treatment providers available in the
87area in which he or she resides that meet the requirements of s.
88397.401 and are licensed by the department. Neither the
89department nor the state is responsible for providing or paying
90for substance abuse treatment as part of the screening conducted
91under this section.
92     (j)  An individual who tests positive under this section
93and is denied TANF benefits as a result may reapply for those
94benefits after 6 months if the individual can document the
95successful completion of a substance abuse treatment program
96offered by a provider that meets the requirements of s. 397.401
97and is licensed by the department. An individual who has met the
98requirements of this paragraph and reapplies for TANF benefits
99must also pass an initial drug test and meet the requirements of
100subsection (1). Any drug test conducted while the individual is
101undergoing substance abuse treatment must meet the requirements
102of subsection (1). The cost of any drug testing and substance
103abuse treatment provided under this section shall be the
104responsibility of the individual being tested and receiving
105treatment. An individual who fails the drug test required under
106subsection (1) may reapply for benefits under this paragraph
107only once.
108     (3)  If a parent is deemed ineligible for TANF benefits as
109a result of failing a drug test conducted under this section:
110     (a)  The dependent child's eligibility for TANF benefits is
111not affected.
112     (b)  An appropriate protective payee shall be designated to
113receive benefits on behalf of the child.
114     (c)  The parent may choose to designate another individual
115to receive benefits for the parent's minor child. The designated
116individual must be an immediate family member or, if an
117immediate family member is not available or the family member
118declines the option, another individual, approved by the
119department, may be designated. The designated individual must
120also undergo drug testing before being approved to receive
121benefits on behalf of the child. If the designated individual
122tests positive for controlled substances, he or she is
123ineligible to receive benefits on behalf of the child.
124     (4)  The department shall adopt rules to implement this
126     Section 2.  This act shall take effect July 1, 2011.

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